Normal working time

(1) The working time represents the time that the employee, in accordance with the internal regulation of the unit, with the individual and the collective labor contract, uses for the fulfillment of the work obligations.

(2) The normal working time of the employees in the units may not exceed 40 hours per week.

(3) In exceptional circumstances relating to the declaration of a state of emergency, siege and war or the declaration of a state of emergency in public health, the authorities responsible for the management of that condition may provide for certain categories of working time for certain categories of employees.

(1) For certain categories of employees, depending on age, health status, working conditions and other circumstances, in accordance with the legislation in force and the individual employment contract, the reduced duration of working time shall be established.

(2) The reduced weekly working time is:

a) 24 hours for employees aged 15 to 16;

b) 35 hours for employees aged 16 to 18;

c) 35 hours for employees who work in harmful working conditions, according to the nomenclature approved by the Government.

(3) For certain categories of employees whose work involves an increased intellectual and psycho-emotional effort, the duration of working time shall be established by the Government and may not exceed 35 hours per week.

(4) For persons with severe and accentuated disabilities (if they do not benefit from greater facilities) a reduced duration of working time of 30 hours per week is established, without diminishing the salary rights and other rights provided by the legislation in force.

(1) The employer may hire employees with the day or week of part-time work (part-time), the concrete duration of part-time work being recorded in the individual employment contract, in accordance with the provisions of art. 49 para. (1) lit. it).

(2) Part-time work may also be determined after the conclusion of the individual employment contract, with the agreement of both parties. At the request of the pregnant woman, the employee who has children up to 10 years of age or children with disabilities (including those under her care) or the employee who cares for a sick family member, according to the medical certificate, the employer is obliged to set the day or week of part-time work.

(3) Part-time work is remunerated in proportion to the time worked or according to the volume of work performed.

(1) Less favorable treatment of part-time employees in respect of full-time employees performing equivalent work in the same unit shall not be allowed if such treatment is based exclusively on daily or weekly working time and does not have an objective justification.

(2) In the context of par. (1), the activity in the conditions of part-time work does not imply the limitation of the employee's rights regarding the calculation of seniority, contribution period (except for the law), regarding the duration of annual leave or limitation of other employment rights.

(3) The employer:

a) take measures to facilitate access to part-time work at all levels of the unit, including skilled and managerial positions;

b) ensure, in accordance with the provisions of Title VIII, the access of part-time employees to vocational training which increases their professional opportunities and professional mobility;

c) will take into account the requests of employees to transfer from full-time to part-time work and vice versa or to increase their working time, if such an opportunity arises.

(4) In order to facilitate the transfers provided in par. (3), the employer will inform the employees about the full-time and part-time vacancies that appeared within the unit, within 5 working days from the date of their appearance. Information on vacancies will be made known to employees and their representatives at unit level through a public announcement placed on an information panel with general access to the unit's headquarters (including each of its subsidiaries or representative offices), as well as on its website. , as the case.

(1) The employer may establish the reduced activity regime, with the distribution of working time during the week, at unit level, for at least 25% of the number of employees within the unit:

a) unilaterally, in case of a state of emergency, siege and war or in case of a state of emergency in public health;

b) with the written consent of the employees concerned, in case of unfavorable economic situation, difficulties in supplying raw materials or energy, exceptional weather, transformation, restructuring or modernization of the enterprise or in other exceptional circumstances, in the manner established by the Government .

(2) The reduced activity regime may be established for a period of up to 3 consecutive months, but not more than 5 months per year.

(3) In case of application of the provisions of par. (1) lit. b), the employer is obliged to request the consultative opinion of the employees' representatives regarding the establishment of the reduced activity regime at least 5 working days before submitting the application for granting the aid for the employees with reduced activity regime.

(4) The duration of the working time provided in the individual employment contract of the employee may be reduced, under the conditions of this article, by a maximum of 50%, the work of the employee being remunerated in proportion to the time worked.

(5) Employees who, in accordance with the provisions of this article, have been established a reduced activity regime, benefit from an aid in the manner established by the Government.

(6) During the period of reduced working hours established under the conditions of this Article, the employment of employees for the performance of work similar to that performed by employees whose working hours have been reduced shall be prohibited.

(7) The employer shall establish the reduced activity regime following the adoption of the decision to grant aid to employees whose working time has been reduced.

(8) The provisions of this Article shall not apply to the following categories of employers:

a) institutions financed from the budget;

b) employers who have suspended activity, are in the process of insolvency or liquidation;

c) to the employers who, at the date of submitting the application for granting the aid for the employees with reduced activity regime, have arrears to the national public budget that exceed the amount established by the Government.

(9) The provisions of this Article shall not apply to employees who:

a) performs work by cumulation within the same unit or at another unit;

b) have not completed a contribution period in the public state social insurance system of at least 6 months in the last 24 calendar months preceding the date of registration of the application for granting aid for employees with reduced activity;

c) are part-time employees.

(10) It is not allowed to request the reduced activity regime if, at unit level, a strike is declared. "

(Not in force yet!)

(1) The distribution of working time during the week is, as a rule, uniform and constitutes 8 hours a day, for 5 days, with two days of rest.

(2) At the units where, taking into account the specifics of the work, the introduction of the 5-day working week is irrational, it is allowed, as an exception, the establishment, through the collective labor contract and / or the internal regulation, of the 6-day working week. days with a day off.

(3) The distribution of working time may also be made within a compressed working week of 4 days or 4 and a half days, provided that the weekly working time does not exceed the maximum legal duration provided in art. 95 para. ( 2). The employer who introduces the compressed working week has the obligation to comply with the special provisions regarding the length of daily working time of women and young people.

(4) The type of working week, the work regime - the duration of the work schedule (shift), the start and end time of work, interruptions, alternation of working and non-working days - are established by the internal regulations of the unit and by the collective agreement and / or individual employment contracts.

(1) The overall record of working time may be entered in the units, provided that the duration of the working time does not exceed the number of working hours established by this code. In these cases, the record period must not exceed one year, and the daily duration of working time (shift) may not exceed 12 hours.

(2) The application of the global record of working time shall be established by the internal regulations of the unit and by the collective labor contract, taking into account the restrictions provided for some professions by collective agreements at national and branch level, by the legislation in force. and international acts to which the Republic of Moldova is a party.

(1) The normal daily working time is 8 hours.

(2) For employees up to 16 years of age, the daily duration of working time may not exceed 5 hours.

(3) For employees aged 16 to 18 years and employees working in harmful working conditions, the daily duration of working time may not exceed 7 hours.

(4) For persons with disabilities, the daily duration of working time shall be established according to the medical certificate, within the limits of the normal daily duration of working time.

(5) The maximum daily working time may not exceed 10 hours within the limits of the normal working time of 40 hours per week.

(6) For certain types of activity, units or professions, a daily working time of 12 hours may be established by collective agreement, followed by a rest period of at least 24 hours.

(7) (Repealed)

(8) For works where the special character of the work requires it, the working day may be segmented, in the manner provided by law, provided that the total duration of working time is not longer than the normal daily working time.

(9) (Repealed)

(1) Flexible working arrangements shall be established by agreement between the employee and the employer, at the request of the employee or the employer, both at the time of employment and after the conclusion of the individual employment contract, for a fixed or indefinite period.

(2) Flexible working arrangements shall be laid down in the individual employment contract or in the supplementary agreement to the individual employment contract.

(3) Work under the flexible working arrangements shall not limit the rights and guarantees of the employee regarding the calculation of seniority, the duration of annual rest leave or other rights related to employment relations, provided for in this Code.

(4) An employee may request reasonable adjustment of working hours not more than once every 6 months, in writing, by a request which shall include the following information: the date of submission of the request, the requested flexible work formula and the date on which the change of working hours would start.

(5) Within 30 days of receipt of the request for reasonable adjustment of working hours, the employer shall provide a response with the justification for the decision.

(6) In considering the request for reasonable adjustment of working hours, the employer may take into account the following factors in determining whether or not it is possible to adjust the workplace to flexible working arrangements:

a) the costs involved;

b) the ability to reorganise work among existing staff;

c) the ability to recruit additional staff;

d) impact on quality;

e) impact on employee performance;

f) the effect on the ability to meet customer demand.

(7) In the case of an employee with a flexible working arrangement who is travelling on official business, the work schedule established at the unit to which he is delegated shall be extended to him.

(8) Flexible working arrangements shall apply without prejudice to the provisions of Article 100."

(1) Shift work, ie work in 2, 3 or 4 shifts, is applied in cases where the duration of the production process exceeds the allowed duration of the working day, as well as in order to use the machine more efficiently, increase the production volume or services.

(2) Under the conditions of shift work, each group of employees performs work within the established schedule.

(3) The shift work program is approved by the employer after consulting the employees' representatives, taking into account the specifics of the work.

(4) Work during two successive shifts is prohibited.

(5) The shift work schedule shall be made known to the employees at least 14 days before its implementation.

(6) The duration of the interruption of work between shifts may not be less than the double duration of the working time from the previous shift (including the lunch break).

(1) The duration of the working day (shift) on the eve of the non-working holiday is reduced by at least one hour for all employees, except for those who have been established, according to art.96, the reduced duration of working time or, according to art. .97, part-time work.

(2) If the working day on the eve of the non-working holiday is transferred to another day, the same reduced duration of the working day shall be kept.

(3) The reduced concrete duration of the working day on the eve of the non-working holiday provided in paragraph (1) shall be established in the collective labor contract, in the internal regulations of the unit or in the order (disposition, decision, decision) of the employer, issued with prior consultation of employees' representatives.

(4) For the units with continuous flow and for some works with uninterrupted work regime, which do not allow to reduce the duration of the working day (shift) on the eve of the non-working holiday, the working hours / hours that cannot be reduced are considered additional work. .

(1) The work performed between 22.00 and 6.00 is considered night work.

(2) The duration of night work (shift) is reduced by one hour.

(3) The duration of night work (shift) shall not be reduced to employees for whom the reduced duration of working time is established, as well as to employees specially employed for night work, unless the collective labor contract provides otherwise.

(3.1) Employees to be transferred to permanent night work before transfer are subject to a medical examination at the employer's expense.

(4) Any employee who, in a period of 6 months, performs at least 120 hours of night work shall be subjected to a medical examination at the expense of the employer.

(5) It is not allowed to attract to night work employees under the age of 18, pregnant women, women who have recently given birth and those who are breastfeeding, as well as persons whose night work is contraindicated according to medical certificate.

(6) Persons with severe and accentuated disabilities, one of the parents (guardian, curator) who have children up to 4 years old or children with disabilities, persons who combine childcare leave provided in art. 126 and 127 para. ( 2) with the work activity and the employees who take care of a sick family member based on the medical certificate can perform night work only with their written consent. At the same time, the employer is obliged to inform in writing the mentioned employees about their right to refuse night work.

(7) The employees to whom the night work is contraindicated according to the medical certificate are to be transferred to a day work for which they are qualified, in compliance with the provisions of art. 74.

(1) Overtime shall be regarded as work performed outside the normal working hours referred to in Articles 95(2), 96(2) to (4), 98(3) and 99(1). During a state of emergency, siege and war or a public health emergency, the authorities responsible for managing the state in question may order, for certain categories of employees, that additional work be performed in excess of the limits laid down in this Code, as well as the conditions under which it is performed.

(2) The employer may order additional work without the consent of the employee:

a) for the performance of work necessary for the defence of the country, for the prevention of a production breakdown or for the removal of the consequences of a production breakdown or a natural disaster;

b) to carry out works necessary to remove situations that could endanger the proper functioning of water and electricity supply, sewerage, postal, telecommunications and computer services, communication routes and public transport, fuel distribution facilities, medical and sanitary establishments.

(3) Additional work shall be performed by the employer with the written consent of the employee:

a) for the completion of work started which, due to an unforeseen setback related to the technical conditions of the production process, could not be completed during the normal duration of working time, and its interruption may cause damage or destruction of the employer's or owner's property, municipal or state property;

b) for carrying out temporary repair and restoration work on devices and installations, if their deficiencies could cause work to stop for an indefinite period of time and for several persons;

c) for the performance of work necessitated by the occurrence of circumstances which could cause damage to or destruction of the property of the establishment, including raw materials, materials or products;

d) for the continuation of work in the event of the non-appearance of the shift worker, if the work cannot be interrupted. In such cases, the employer is obliged to take urgent measures to replace the employee concerned.

(4) The engagement of additional work in cases other than those referred to in paragraphs (2) and (3) shall be permitted with the written consent of the employee and the employee representatives.

(5) At the employer's request, employees may work outside working hours up to 240 hours in a calendar year.

(5.1) The maximum working time of employees may not exceed 48 hours per week, including overtime. By way of exception, working time, including overtime, may be extended beyond 48 hours per week provided that the average working time, calculated over a reference period of 4 calendar months, does not exceed 48 hours per week.

(6) If the employer requests overtime work, the employer is obliged to provide employees with normal working conditions, including health and safety at work.

(7) The extra work shall be performed on the basis of the employer's reasoned order (provision, decision, decision), which shall be notified to the employees concerned under signature or by another means allowing confirmation of receipt/notification.

(8) The collective or individual employment contract may provide for the possibility of compensating overtime with paid time off, with the written agreement of the parties. In this case, the time off shall be granted within 30 days of the overtime work being performed.

1) It is not allowed to attract to additional work the employees up to 18 years old, the pregnant women, as well as the persons whose additional work is contraindicated according to the medical certificate.

(2) Persons with severe and accentuated disabilities, one of the parents (guardian, curator) who have children up to 4 years old or children with disabilities, persons who combine childcare leave provided by art. 126 and 127 para. ( 2) with the work activity and the employees who take care of a sick family member, based on the medical certificate, can perform additional work only with their written consent. At the same time, the employer is obliged to inform the mentioned employees in writing about their right to refuse additional work.

(3) The performance of additional work may not have the effect of increasing the daily working time beyond 12 hours.

The employer is obliged to keep, in the established manner, the record of the working time actually performed by each employee, including additional work, work performed on days off and non-working holidays.