(1) Wages are any reward or gain valued in money, paid to the employee by the employer under the individual employment contract for work done or to be done.

(2) In the determination and payment of wages, no discrimination shall be permitted on the grounds of sex, age, disability, social origin, family status, ethnicity, race or nationality, political or religious beliefs, trade union membership or activity.

(2.1) The employer is obliged to ensure equal pay for male and female employees for equal work or work of equal value.

(2.2) In assessing whether employees are performing work of equal value, the employer shall consider aspects of the employee's work, including:

a) degree of responsibility;

b) skill level and experience;

c) effort and nature of the tasks involved;

d) working conditions.

(2.3) Employers of medium-sized and large enterprises are obliged to inform employees and/or their representatives periodically, but not less frequently than once a year (at the latest in the first half of the year following the year of management), of the gender pay gap by employee category and function.

(2.4) The employer must make available to employees, in an easily accessible manner, information on the criteria used for the job evaluation and classification system for determining pay levels applied in the establishment.

(3) Pay is confidential and guaranteed.

State guarantees in the field of wages include the minimum wage set by the state, the reference value for calculating the basic wages of employees in the budgetary sector, as well as the allowances and bonuses of a compensatory nature, guaranteed by the state and regulated by the legislation in force.

(1) Salary includes basic salary (tariff salary, function salary), additional salary (additions and increases to basic salary) and other incentive and compensation payments.

(2) The remuneration of the employee's work depends on the demand and supply of labour force in the labour market, the quantity, quality and complexity of work, working conditions, professional qualities of the employee, effort and responsibilities of the employee, the nature and results of the employee's work and/or the results of the economic activity of the establishment.

(3) Work shall be remunerated per unit of time or by agreement both in the tariff and in the non-tariff wage systems.

(4) Depending on the specific activity and the concrete economic conditions, the establishments of the real sector shall apply the tariff system and/or the non-tariff wage systems for the organisation of wages.

(5) The choice of the wage system within the establishment shall be made by the employer after consultation with the employees' representatives.

(6) The employer, irrespective of which pay system is applied, shall use a job evaluation and classification system within the establishment for determining pay levels.

(1) Every employee has the right to a guaranteed minimum wage.

(2) The minimum wage represents the minimum amount of remuneration assessed in national currency, the amount established by the state for a simple, unskilled work, below which the employer is not entitled to pay for the monthly or hourly work performed by the employee.

(3) The minimum wage does not include additions, bonuses, incentive and compensation payments.

(4) The amount of the minimum wage is mandatory for all employers of legal or natural persons who use salaried work, regardless of the type of ownership and the legal form of organization. This amount cannot be reduced either by the collective labor agreement or by the individual employment contract.

(5) The amount of the minimum wage is guaranteed to the employees only on the condition of their execution of the work obligations (norms) during the working hours established by the legislation in force.

(1) The minimum wage per month and the minimum wage per hour, calculated starting from the monthly norm of working time, shall be established by Government decision, after consulting the employers' associations and trade unions.

(2) The amount of the minimum wage is determined and re-examined depending on the concrete economic conditions, the level of the average wage on the national economy, the forecasted level of the inflation rate, as well as other socio-economic factors.

(1) The increase of the level of the real content of the salary is ensured by indexing the salary in connection with the increase of the consumer prices for goods and services.

(2) The guaranteed minimum wage is indexed annually according to the evolution of the consumer price index, in accordance with the legislation in force.

(Abrogat)

(1) The salary system, on the basis of which the employees' salaries are determined, is established by law or by other normative acts, in accordance with the legal form of organization of the unit, with the financing method and with the character of its activity.

(2) The forms and conditions of remuneration, as well as the size of salaries in units with financial autonomy, shall be established by collective or, as the case may be, individual negotiations between the employer and employees or their representatives, depending on the employers' financial possibilities. collective and individual employment contracts.

(3) The system and the conditions of remuneration of the work of the employees from the budgetary sector are established by law.

(4) The basic salary, the manner and the salary conditions of the heads of the units shall be established by the persons or bodies authorized to appoint these managers and shall be fixed in the individual employment contracts concluded with them.

(5) For employees remunerated with fixed official salaries, their official salary (basic salary) shall not change if there are non-working holidays in that month.

(1) The remuneration tariff system includes the tariff networks, the tariff salaries, the salary scales of the position and the qualification tariff guidelines.

(2) The pricing of works and the granting of qualification categories (classes) to workers and specialists shall be carried out in accordance with the tariff qualification guidelines for professions or specialties and functions.

(3) The main and obligatory component of the tariff system is the tariff salary for category I of qualification (of salary) of the tariff network, which serves as a basis for establishing in the collective labor contracts and individual labor contracts the tariff salaries and salaries of the concrete function. The tariff salary for the first category of qualification in the real sector is established at branch and unit level in the manner provided by the Salary Law no. 847/2002.

(1) The non-tariff salary systems represent ways of differentiating the salaries depending on the individual and / or collective performances and the function held by the employee.

(2) The criteria and norms for evaluating the individual professional performances of the employee are established by the employer, by negotiation with the employees' representatives. The assessment of the individual professional performances of the employee is performed by the employer.

(3) The non-tariff salary system is established in the collective labor contract at unit level or in another normative act at unit level.

(4) The determination of the amount of pay for each employee under the non-tariff pay systems shall be made by the employer. The minimum wage shall serve as the minimum limit and guarantee of the state.

(1) The employer is entitled to establish different systems of rewards, additions and increases to the basic salary, other incentive payments after consulting the employees' representatives. The indicated systems can also be established by the collective labor contract.

(2) The manner and conditions of application of incentive and compensation payments in the units from the budgetary sector shall be established by law and by other normative acts.

(1) In addition to the payments provided by the salary systems, for the employees of the unit a reward can be established based on the results of the annual activity from the fund formed from the benefit obtained by the unit.

(2) The regulation regarding the way of paying the reward based on the results of the annual activity shall be approved by the employer in agreement with the employees' representatives.

(1) For the work performed in unfavorable conditions, the employees are established compensation allowances in a single size for the employees of any qualification who work in equal conditions at the respective unit.

(2) The concrete amount of the compensation increases for the work performed in unfavorable conditions shall be established according to weight and harmfulness, within the limits negotiated by the social partners and approved by the collective agreement at national and branch level.

(3) The lists of works and jobs with heavy and particularly heavy, harmful and particularly harmful conditions shall be approved by the Government after consulting the employers' associations and trade unions.

(1) For work performed in conditions of increased risk to health during a state of emergency, siege or war or during a state of emergency in public health, employees may receive an increase in compensation for work performed in conditions of increased risk for health.

(2)The compensation allowance for work performed in conditions of increased risk to health shall be set at up to 100 per cent of the basic salary per unit of time (hour or day), depending on the volume of work and the level of professional training of the employee, for each hour or day of work performed in conditions of increased health risk.

(3) The categories of employees involved in the performance of work in conditions of increased health risk during the state of emergency, siege or war or during the state of emergency in public health shall be established by the Commission for Exceptional Situations of the Republic of Moldova or, after case, by the Extraordinary National Public Health Commission.

(1) The reduction of the salaries provided in the individual labor contracts, the collective labor contracts and / or the collective agreements is not allowed before the expiration of one year from the date of their establishment.

(2) The introduction of the new conditions for remuneration of the work or the modification of the existing ones is allowed only with the observance of the provisions of art. 68 paragraph (1).

(1) The salary shall be paid in national currency. If the employee works abroad, the salary may be paid in the currency specified in the individual employment contract.

(2) In the individual employment contract, the parties may agree on the amount of the salary in foreign currency, with payment in national currency at an exchange rate of the Moldovan Leu agreed by the parties which may not be lower than the official exchange rate of the Moldovan Leu established by the National Bank of Moldova, valid on the date of payment.

(3) Salary payment can be made both in cash and by bank transfer to the employee's account, opened at the payment service provider, with payment of the respective services from the employer's account.

(4) Payment of wages in kind is prohibited.

(1) The salary is paid periodically, directly to the employee or the person authorized by him, based on an authenticated power of attorney, at the employee's place of work or is transferred to this account, opened at the payment service provider, on the working days established in the collective or individual employment contract, but:

a) not less than twice a month for employees remunerated per unit of time or in agreement;

b) not less than once a month for the remunerated employees based on the monthly salaries of the position.

(2) The employer is obliged to inform the employee about the size of the salary, the form of remuneration, the method of calculating the salary, the periodicity and the place of payment, the deductions, other conditions regarding the salary and their modifications.

(3) Upon payment of the salary, the employer is obliged to inform in writing each employee about the component parts of the salary due to him for the respective period, about the size and grounds of the deductions made, about the total amount to be received, as well as to ensure making the respective entries in the accounting records.

(4) The payment of the salary for an occasional work, which lasts less than 2 weeks, is made immediately after its execution.

(5) In case of death of the employee, the salary and other payments due to him shall be paid in full to the spouse, adult children or parents of the deceased, and in their absence - to other heirs, in accordance with the legislation in force.

(1) If the amount of all the amounts due to the employee from the unit is not contested, the payments shall be made:

a) in case of termination of the individual employment contract with an employee who continues to work until the day of dismissal - on the day of dismissal;

b) in case of termination of the individual employment contract with an employee who does not work until the day of dismissal (medical leave, unjustified absence from work, deprivation of liberty, etc.) - at the latest on the day immediately following the day on which the employee released and asked to be paid.

(2) If the amount of the amounts due to the employee upon dismissal is contested, the employer is obliged, in any case, to pay him, within the terms provided in paragraph (1), the uncontested amount.

(1) The payment of salaries is made by the employer as a priority over other payments, including in case of insolvency of the unit.

(2) The means for remunerating the work of the employees are guaranteed by the income and patrimony of the employer.

(3) Employers shall take measures to protect their employees against the risk of non-payment of the amounts due to them in connection with the execution of the individual employment contract or as a result of its termination.

(4) In case of the unit's insolvency, the compensation payments, guaranteed to the employees and calculated (recalculated) on the date of their payment, are paid in an amount not less than the amount of the minimum wage, established in accordance with the legislation in force.

(1) The compensation of the losses caused by the non-payment on time of the salary is made by the obligatory and full indexation of the amount of the calculated salary if its withholding constituted at least one calendar month from the date established for the payment of the monthly salary.

(2) The compensation provided in par. (1) shall be performed separately for each month, by increasing the salary in accordance with the inflation coefficient calculated in the established manner.

(3) (Repealed)

(4) The method of calculating the amount of compensation for the loss of a part of the salary in connection with the violation of its payment terms shall be established by the Government, in agreement with the employers' associations and trade unions.

(1) In cases where in the current and settlement accounts of the units there are the respective means and the necessary documents in order to receive the money for the payment of salaries have been presented in time, and the banks do not provide cash, they pay, from their own means, a penalty of 0.2 percent of the amount due for each day of delay.

(2) The persons with a position of responsibility from banks, public authorities and units, guilty of non-payment of salaries on time, bear material, disciplinary, administrative and criminal liability, in accordance with the law.

It is forbidden to limit the employee to the free disposal of the earned means, except for the cases provided by the legislation in force.

(1) Salary deductions may be made only in the cases provided by this code and other normative acts.

(2) Deductions from the salary for the payment of the employees' debts towards the employer may be made based on his order (disposition, decision, decision):

a) for the refund of the advance issued in the salary account;

b) for the refund of the amounts paid in addition as a result of calculation errors;

c) to cover the unspent and unpaid advance on time, issued for travel in the interest of service or transfer to another locality or for household needs, if the employee does not contest the basis and amount of deductions;

d) for repairing the material damage caused to the unit due to the employee's fault (art. 338).

(e) (Repealed)

(3) In the cases specified in paragraph (2), the employer has the right to issue the restraining order (disposition, decision, decision) within a maximum of one month from the expiration of the term established for repaying the advance or paying the debt, from the day of execution. incorrectly calculated payment or finding material damage. If this term has been omitted or the employee disputes the basis or amount of the detention, the dispute will be examined by the court at the request of the employer or employee (art. 349-355).

(4) In case of dismissal of the employee before the expiration of the working year on whose account he has already used the leave, the employer may deduct from his salary the amount paid for the days without coverage of the leave. The withholding for these days is not made if the employee has ceased or suspended his activity on the grounds indicated in art.76 letter e), art.78 paragraph (1) letter d), art.82 letter a) and i ), art.86 paragraph (1) letters b) -e) and u), in case of retirement or enrollment in an educational institution according to art.85 paragraph (2), as well as in other cases provided by the contract collective or individual work or by written agreement of the parties.

(5) The salary paid in addition to the employee by the employer (including in case of incorrect application of the legislation in force) cannot be pursued, except in cases of calculation error.

(1) At each payment of the salary, the total amount of deductions may not exceed 20 percent, and in the cases provided by the legislation in force - 50 percent of the salary due to the employee.

(2) In case of withholding from the salary based on several executory acts, the employee shall be kept, in any case, 50 percent of the salary.

(3) The limitations provided in par. (1) and (2) do not apply to the deduction from the salary in case of pursuit of alimony for minor children. In this case, the amount withheld may not exceed 70 percent of the salary due to be paid to the employee.

(4) If the amount obtained by pursuing the salary is not sufficient to satisfy all the creditors' claims, the respective amount shall be distributed among them in the manner provided by the legislation in force.

Withholdings from severance pay, compensation payments and other payments that, according to the Enforcement Code of the Republic of Moldova, cannot be traced are not allowed.

(Repealed)

(1) In the case of pay per unit of time, employees up to 18 years of age shall be paid their salary taking into account the reduced duration of daily work.

(2) The work of minor employees working in the agreement is remunerated on the basis of the tariffs for the work in agreement established to the adult employees.

(3) The work of pupils and students from general and technical vocational secondary education institutions, who have not reached the age of 18, performed outside the study time, shall be remunerated in proportion to the time worked or in agreement.

(4) In the cases provided in par. (1) - (3), the employer may establish, at the expense of his own means, an increase in the tariff salary for the time with which the duration of the daily work of minor employees decreases in comparison with the duration of the daily work of adult employees.

(5) The remuneration of the work of other categories of employees to whom, according to art. 96, the reduced duration of the working time is established shall be carried out under the salary conditions established by the Government.

(1) When performing the works of different qualification categories, the work of the remunerated employees per unit of time is remunerated after the higher qualification work.

(2) The work of the employees remunerated in the agreement is remunerated according to the tariffs of the work performed. In cases where, in connection with the specificity of production, employees working on the agreement are required to perform work charged at a lower level in relation to the categories of qualification granted to them, the employer is obliged to pay the difference between the categories of qualification. .

(3) The norm regarding the payment of the difference between the qualification categories provided in par. (2) shall not apply in the cases when, by virtue of the production specifics, the performance of works of various qualifications is related to the permanent obligations of the employee.

The manner and conditions of remuneration of instructors and apprentices are established by the Government.

(1) The remuneration of the cumulations is made for the work actually performed or the actual time worked.

(2) The amount of the tariff salary or the salary of the function for cumulation, as well as the amount of prizes, bonuses, additions and other rewards, determined by the salary conditions, are established in the collective or individual employment contract and may not exceed the amounts provided for the other employees in the respective unit.

(1) Employees who, in addition to their basic work, stipulated in the individual employment contract, perform, at the same unit, an additional job in another profession (position) or the work obligations of a temporarily absent employee, without be exempted from their basic work (within the limits of the normal working time established by this code), they are paid an increase for the accumulation of professions (positions) or for fulfilling the work obligations of the temporarily absent employee.

(2) The amount of the bonuses for the cumulation of professions (positions) is established by the parties of the individual employment contract, but cannot be less than 50 percent of the tariff salary (salary of the position) of the cumulated profession (function). The payment of the bonus for the accumulation of professions (positions) is made without restrictions, within the limits of the means destined to the work remuneration.

(3) The concrete amount of the increase for fulfilling the work obligations of the temporarily absent employee shall be established according to the real volume of executed works, but may not exceed 100 percent of the tariff or function salary of the absent employee. If the obligations of the temporarily absent employee are fulfilled by several employees, the amount of the increase is established in proportion to the volume of works performed by each of them, within the limits of the tariff or function salary of the absent employee.

(1) In the case of remuneration of work per unit of time (with tariff salary or with the salary of the position), additional work (art. 104), for the first two hours, shall be remunerated in the amount of at least 1.5 basic salaries established to the employee on unit of time, and for the next few hours - at least twice the size.

(2) In the case of remuneration for work in accordance with the application of the wage tariff system, an addition of at least 50 percent of the tariff wage of the employee of the respective category, remunerated per time unit for the first 2 hours, is paid for the additional work, and in amount of at least 100 percent of this tariff wage - for the following hours, and with the application of non-tariff wage systems - of 50 percent for the first 2 hours and, respectively, 100 percent of the minimum wage established per time unit - for the next hours.

(2.1) (Repealed)

(2.2) For overtime work performed in accordance with Article 104 paragargh (8), the employee shall receive the ordinary pay per time unit and a number of hours off, remunerated according to the basic salary, equal to the number of hours of overtime worked.

(3) (Repealed)

(1) Subject to the payment of the average salary for the employees specified in art. 111 para. (11), work performed on rest days and non-working holidays is remunerated:

a) employees working in the agreement - at least twice the size of the agreement rate;

b) employees whose work is remunerated on the basis of hourly or daily tariff salaries - at least in the double amount of the hourly or daily salary;

c) employees whose work is remunerated with a monthly salary - at least in the amount of one salary per unit of time or of the remuneration of one day over the salary, if the work on the day of rest or the non-working holiday was performed within the monthly norm working time and at least twice the salary per unit of time or the one-day remuneration above the salary, if the work was performed above the monthly norm.

(2) At the written request of the employee who performed the work on a day off or on a non-working holiday, the employer may grant him another day off which will not be remunerated.

(3) The remuneration of the work performed on rest days and non-working holidays by professional athletes, creative workers in theaters, circuses, cinematographic, theatrical and concert organizations, as well as by other persons participating in the creation and / or when interpreting works of art, it can be established in the collective agreements, in the collective contract or in the individual labor contract.

For work performed in the night program, an increase in the amount of at least 0.5 of the basic salary per unit of time established for the employee is established.

The employer is entitled to increase the bonuses, additions and rewards provided for in art. (allocated), provided for these purposes in the collective labor contract, in another normative act at unit level or in the estimate of expenses for the maintenance of the unit financed from the budget.

(1) In case of non-fulfillment of the production norms due to the employer's fault, the remuneration is made for the work actually performed by the employee, but not less than the amount of an average salary of the employee calculated for the same period of time.

(2) In case of non-fulfillment of the production norms without the fault of the employee or of the employer, the employee shall be paid at least 2/3 of the basic salary.

(3) In case of non-fulfillment of the production norms due to the employee's fault, the remuneration shall be made according to the work performed.

(1) The waste produced through no fault of the employee is remunerated in the same way as the good items.

(2) The total rebate due to the employee's fault is not remunerated.

(3) The partial waste due to the employee's fault is remunerated according to the degree of utility of the product, according to reduced rates.

(4) The reduced tariffs, mentioned in paragraph (3), shall be established in the collective labor contract or in another normative act at unit level.

For the period of acquiring new production processes, employees are guaranteed to maintain the average salary.

If the employee is transferred to another permanent job with lower remuneration within the same unit or in another locality together with the unit, according to art. 74 para. (1), the average salary from the previous job shall be maintained for one month from the day of the transfer, with the prior observance of the provisions of art. 68.

(1) The average salary includes all the salary rights from which, according to the legislation in force, the compulsory state social insurance contributions are calculated, except for the single payments.

(2) The average salary is guaranteed to the employees in the cases provided by the legislation in force, by the collective and / or individual employment contracts.

(3) The method of calculating the average salary of the employee is unique and is established by the Government.

The employer is entitled to provide material assistance annually to employees in the manner and under the conditions provided by the collective labor contract, by another normative act at unit level and / or by the normative acts in force. Material assistance may be granted to the employee, based on his written request, at any time of the year or added to the holiday allowance (art. 117).

Employees are guaranteed:

a) the methodological contest of the state in organizing the labor norm;

b) the application of the work standardization systems established by the employer together with the employees' representatives and stipulated in the collective labor contract or in another normative act at unit level.

(1) Labor norms mean the norms of production, time, service, personnel that are established by the employer for employees in accordance with the achieved level of technique and technology, organization of production and work, so as to correspond concrete conditions in the unit and not lead to overwork of employees.

(2) In the conditions of the collective forms of organization and remuneration of work, combined and complex norms can also be applied.

(3) The labor norms can be revised as the new technique and technologies are implemented or the existing ones are improved, organizational or other measures are implemented, which ensure the increase of labor productivity, as well as in case of using an outdated physical and moral equipment.

(4) Obtaining a high level of production production by a certain employee or a certain brigade by applying, on their own initiative, new work procedures and advanced experience, by improving their own jobs, is not the basis for the revision of labor norms.

(1) For certain homogeneous works, unique norms and standard norms (interbranch, branch, professional, etc.) of work can be elaborated and established. The standard work norms are elaborated by the specialized central public administration authorities in agreement with the respective employers' associations and trade unions and are approved in the manner established by the Government.

(2) The replacement and revision of the single rules and the standard rules shall be carried out by the authorities that approved them.

(1) If the work rules no longer meet the conditions for which they were approved or do not ensure full occupancy of normal working time, they may be revised or replaced.

(2) The procedure for the revision or replacement of work rules, and the specific situations in which it may be applied, shall be laid down in collective agreements, other legislation at unit level and/or collective agreements.

(3) Employees must be notified of the introduction of new work rules in writing, under their signature or by another means that allows confirmation of receipt/notice, at least 2 months in advance.

(1) When remunerating the work in agreement, the tariffs are established starting from the work categories, the tariff salaries (function salaries) and the production norms (time norms) in force.

(2) The tariff for the work paid in the agreement is established by dividing the tariff salary per hour (per day), which corresponds to the category of work performed, at the production norm per hour (per day). The tariff for the work paid in the agreement can also be established by multiplying the hourly wage (per day), which corresponds to the category of work performed, with the time norm in hours or days.

The employer has the obligation to permanently ensure the technical and organizational conditions that were the basis for the elaboration of the labor norms and to create the working conditions necessary to fulfill the production (service) norms. These conditions are:

a) good condition of machines, machine tools and devices;

b) timely provision of technical documentation;

c) the appropriate quality of the materials and tools necessary for the performance of the work, as well as the timely supply with them;

d) timely supply of the production process with electricity, gas and other energy sources;

e) ensuring labor protection and production security.