LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Stand:
Title II
SOCIAL PARTNERSHIP IN THE FIELD OF WORK
Chapter I
GENERAL DISPOSITIONS

Art.

  15 The notion of social partnership

The social partnership represents a system of relations established between employees (employees 'representatives), employers (employers' representatives) and the respective public authorities in the process of determining and realizing the social and economic rights and interests of the parties.

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Art.

  16 Parts of the social partnership

(1) The parties of the social partnership at unit level are the employees and the employers, in the person of the empowered representatives in the established way.

(2) The parties of the social partnership at national, branch and territorial level are the respective trade unions, employers' associations and public authorities, in the person of the empowered representatives in the established manner.

(3) Public authorities are part of the social partnership in cases when they evolve as employers or their representatives empowered by law or by employers.

Original 

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Art.

  17 Basic principles of social partnership

The basic principles of social partnership are:

a) legality;

b) equality of the parties;

c) parity of the parties' representation;

d) the powers of attorney of the parties' representatives;

e) the interest of the parties for the participation in the contractual relations;

f) the observance by the parties of the norms of the legislation in force;

g) mutual trust between the parties;

h) evaluation of the real possibilities of fulfilling the commitments assumed by the parties;

i) the priority of conciliation methods and procedures and the obligatory consultation of the parties in matters related to the field of labor and social policies;

j) waiving unilateral actions that violate agreements (collective labor agreements and collective agreements) and informing each other of the parties about changes in the situation;

k) adopting decisions and taking actions within the limits of the rules and procedures coordinated by the parties;

l) mandatory execution of collective labor agreements, collective agreements and other agreements;

m) control over the fulfillment of collective labor contracts and collective agreements;

n) liability of the parties for non-compliance with the commitments assumed;

o) favoring by the state the development of the social partnership.

Original 

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Art.

  18 The social partnership system

The social partnership system includes the following levels:

a) national - establishes the bases for the regulation of socio-economic and labor relations in the Republic of Moldova;

b) branch - establishes the bases for regulating the relations in the sphere of labor and the social one in a certain branch (branches) of the national economy;

c) territorial - establishes the bases for regulating the labor and social relations in the administrative-territorial units of the second level and in the municipalities;

d) of unity - establishes the concrete reciprocal obligations between employees and employer in the sphere of work and the social one.

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Art.

  19 Forms of social partnership

The social partnership is achieved through:

a) collective bargaining regarding the elaboration of draft collective labor agreements and collective agreements and their conclusion on a bi- or tripartite basis, through the representatives of the parties of the social partnership;

b) participation in the examination of draft normative acts and proposals aimed at socio-economic reforms, in the improvement of labor legislation, in ensuring civic conciliation;

c) mutual consultations (negotiations) on issues related to the regulation of labor relations and relations directly related to them;

d) participation of employees (their representatives) in the administration of the unit;

e) the participation of the representatives of the parties of the social partnership in the process of out-of-court settlement of the collective labor dispute (conciliation procedure).

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See the original = Romanian