Working hours contract II
Contract II about working hours and vacations
Starting from the normal working time of 40 hours per week, the units (employers), regardless the type of ownership and the organizational-legal form, will apply the working week of 5 days, with the working time 8 hours per day and 2 days off, one of them being Sunday.
Taking into account the specifics of work, it is allowed to apply other types of working week, with the distribution of working time as follows:
a) 6 days working week with one day of rest, the duration of the working day being 7 hours in the first 5 days and 5 hours on the sixth day;
b) 4 days working week with work duration 10 hours per day and 3 days of rest;
c) 4 and a half days working week with 9 hours work duration in the first 4 days and 4 hours on the fifth day including 2 and a half days of rest.
The type of working week, the time of starting and ending the work, the duration of the shift, the interruptions, the alternation of working and non-working days are established by the internal regulations of the unit and may be clauses of the collective or individual employment contract.
Art.2 (No title)
Normal working hours include:
-preparing the job to start the activity;
- fulfillment of work obligations;
- restoring the work capacity during the work schedule in connection with the special climatic conditions, physical efforts and other factors, which are established in the normative acts of the unit, in the collective or individual labor contracts;
-staying time waiting for the disposition about the beginning of the activity;
- time spent in the unit in case of organized travel to work.
- time for personal hygiene in case of unhealthy work, with the duration established in the internal regulations of the unit or in the collective labor contract ”;
- the time intended for wearing and undressing the personal protective equipment, with the duration established in the internal regulations of the unit or in the collective labor contract.
Collective agreements (territorial or branch level) and collective labor agreements may provide for other periods of time that are included in the normal duration of working time.
Art.2 .1 (No title)
The employer is obliged to give pregnant women free time for the passage of prenatal medical examinations, which is included in the time of work.
Pursuant to Article 100 (6) of the Labor Code, for the professions specified in the Annex, which forms an integral part of this Convention, it is permitted to establish a daily working time of 12 hours, followed by a rest period of at least 24 hours.
Units which, at the time of the adoption of this Convention, apply a regime of work other than that provided in Articles 1 and 3 shall bring the Rules of Procedure of the Labor Regime in accordance with the provisions of the Labor Code and this Convention.
The units that practice work in several shifts will ensure the payment of compensation increases in the amount of 20 percent of the hourly rate salary for each hour of work in shift II and 50 percent of the hourly rate salary for each hour of work in exchange for III. In this case, the increase for the work performed in the night program (according to the provisions of art. 159 of the Labor Code) is not paid.
In the cases when the employees cannot be assured the daily return from the work place located outside the locality to the permanent place of residence, it is allowed, with their consent, the work in continuous shift with the global record of the working time.
The working and rest time during this record is regulated by the continuous work schedule, which is approved by the employer jointly with the employees 'representatives and is brought to the employees' notice at least one month before its application.
Art.7 (No title)
Both the partially paid and the extra unpaid leave for child care can be requested and used in full or in parts, based on a written request of the employee, at any time, until the child reaches the age of 3 and 6, respectively. During this period, the employee may go on leave or return to work whenever he needs and may benefit, in accordance with art. 97 of the Labor Code, from part-time work.
If the employee on one of the childcare leave wishes to resume work before the expiry of the leave period, he shall inform the employer in writing at least 15 working days in advance of his intention.
Art.8 (No title)
All employees are granted an annual paid rest leave, with a minimum duration of 28 calendar days, except for non-working holidays provided in art. 111 of the Labor Code.
The rest leave is granted annually, based on a written request of the employee, according to the schedule provided in art.116 of the Labor Code.
The scheduling of annual leave is done by the employer, in agreement with the employees' representatives and is mandatory for both the employer and the employee. When scheduling annual vacations, the desire of employees is taken into account, as well as the need to ensure the proper functioning of the unit. The following conditions shall be observed when scheduling annual rest leave:
- the leave will be planned for each employee, so that once every 3 years it coincides with the summer season;
- spouses working in the same unit are entitled to leave at the same time.
The employer is obliged to warn the employee, in writing, about the date of starting the annual rest leave at least 14 calendar days in advance.
In case of postponement of the annual rest leave in connection with the employee being on sick leave, his fulfillment of a state duty or in other cases provided by law, the employer and the employee will agree on a new period of granting it.
The additional annual rest leave is granted under the conditions and with the durations indicated in art. 121 of the Labor Code.
Pursuant to paragraph (5) art. 121 of the Labor Code, the management and specialized personnel whose work involves increased psycho-emotional efforts may be granted an additional paid leave with a duration of up to 7 calendar days. The conditions for granting the additional leave are established in the collective or individual employment contract.
Until the approval by the Government of the Lists of works and jobs with harmful conditions, the duration of the additional annual leave paid for employees working in unfavorable conditions shall be established in the manner provided by Government Decision no. 573 of August 1, 1994, with the transformation of the respective durations into calendar days in the manner indicated in art. 8 of this Convention.
Upon presentation of the respective documents, the employees benefit from additional paid leave on family grounds, expressed in working days, in the following cases:
- the employee's marriage - 3 days;
- the marriage of the employee's child - 1 day;
- adoption of the child - 1 day;
- death of parents, parents-in-law, husband (wife), child- 3 days;
- death of brother / sister; grandfather / grandmother - 1 day;
- parents who have children in grades I and II - 1 day at the beginning of the school year and 1 day at the end of the school year
- the incorporation of a family member in the ranks of the National Army- 1 day.
The mentioned leave is granted strictly during the occurrence of the event and cannot be transferred to another period.
Art.11 .1 (No title)
The father of the newborn child is entitled to a paternal leave with a duration of 3 calendar days, with the maintenance of the average salary.
Paternal leave is granted in the first 56 days after the birth of the child, on the basis of a written request of the employee.
Break duration for the meal is established by the internal order regulation of the unit, observing the following conditions:
- in case of daily working time of 6 - 10 hours - in the middle of the program;
- in case of daily working time of 12 hours - after every 4 hours of work;
- in case of daily working time less than 6 hours - at the decision of the unit.
Breaks for rest and recovery of work capacity, conditioned by production technology and / or unfavorable weather conditions, are established with a duration of at least 10 minutes every 2 hours, in special rooms, arranged by the employer.
Art.12 .1 (No title)
Continuous flow units – units whose shutdown is not possible in connection with technical and production conditions (coking furnaces, open hearth furnaces and furnaces, pumping stations, etc.) or as a result of the need for continuous service of the population (thermo - and electro-power stations, telephone exchanges, transport, medical-sanitary institutions, etc.).
In continuous-flow units, the duration of the meal break is included in the working time only for professions (functions) and works with an uninterrupted working regime.
The duration of the meal break will be included in the working time and for employees who work in units other than those with continuous flow, if the specifics of the work of these employees require their permanent presence at work (guards, bodyguards, receptionists, etc.). The list of these professions (functions) and activities is approved by the collective labor agreement or the internal regulation of the unit.
All the units fall under the incidence of the present Convention, regardless type of the property and the form of legal organization.
The collective agreement enters into force on the date of publication in the Official Gazette of the Republic of Moldova.