LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Stand:
Chapter III
METHOD OF ESTABLISHING AND PAYING THE SALARY

Art.

  135 How to set salaries

(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.

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Art.

  136 Salary tariff system

(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.

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Art.

  136 .1 Non-tariff payroll systems

(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.

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Art.

  137 Incentive payments

(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.

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Art.

  138 Reward based on the results of the annual activity

(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.

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Art.

  139 Remuneration for work performed in unfavorable conditions

(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.

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Art.

  139 .1 Remuneration for work performed in conditions of increased health risk

(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.

New to

 
2021-03-31
 

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Art.

  140 Introducerea noilor condiÅ£ii de retribuire a muncii ÅŸi modificarea celor existente

(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).

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Art.

  141 Forms of payment of salary

(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.

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Art.

  142 Terms, periodicity and place of payment of salary

(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.

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Art.

  143 Terms of payment in case of termination of the individual employment contract

(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.

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Art.

  144 Priority payment of salary

(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.

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Art.

  145 Compensation for losses caused by non-payment on time of salary

(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.

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Art.

  146 Liability for non-payment of salary on time

(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.

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Art.

  147 Prohibition of limiting the employee to free disposal by the means gained

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.

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Art.

  148 Salary deductions

(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.

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Art.

  149 Limiting the amount of salary deductions

(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.

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Art.

  150 Prohibition of deductions from certain payments due to employee

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.

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Art.

  151 Repealed

(Repealed)

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