LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Stand:
Chapter IV
SALARY FOR SPECIAL WORKING CONDITIONS

Art.

  152 Remuneration of the work of employees up to 18 years of age and other categories of part-time employees daily

(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.

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Art.

  153 Remuneration of work in case of works of various qualifications

(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.

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Art.

  154 Remuneration of instructors and apprentices

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

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Art.

  155 Remuneration of cumulations

(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.

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Art.

  156 Remuneration of work in case of cumulation of professions (functions) and fulfillment of work obligations of temporarily absent employees

(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.

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Art.

  157 Remuneration for additional work

(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)

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Art.

  158 Compensation for work performed during the days rest and non-working holidays

(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.

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Art.

  159 Remuneration for night work

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.

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Art.

  160 The right of the employer to establish payments of stimulation and compensation

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.

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Art.

  161 How to pay for work in case of non-compliance of production rules

(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.

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Art.

  162 How to remunerate work in case of production of scrap

(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.

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Art.

  163 How to remunerate work in case of appropriation of new production processes

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

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Art.

  164 Maintaining the salary in case of transfer to another job permanent with lower pay

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.

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Art.

  165 Medium salary

(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.

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Art.

  165 .1 Material help

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).

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