LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Stand:
Chapter II
WORK OF WOMEN, PEOPLE WITH FAMILY DUTIES AND OTHERS

Art.

  247 Employment guarantees for pregnant women and people with children up to 4 years old

(1) The refusal of employment or the reduction of the salary amount due to pregnancy or the existence of children up to 4 years of age is prohibited. The refusal to hire a pregnant woman or a person with a child up to 4 years of age for other reasons must be justified, the employer informing the person in writing within 5 calendar days from the date of registration in the unit of the application for employment. The refusal to hire can be challenged in court.

(2) (Excluded)

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Art.

  248 Works for which the use of work is prohibited categories of women

It is forbidden to use the work of pregnant women, women who have recently given birth and those who are breastfeeding to work underground in me, as well as in any other activities that pose risks to their safety or health or that may have repercussions on pregnancy or breastfeeding, according to minimum requirements approved by the Government.

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Art.

  249 Travel limitation

(1) It is not allowed to send for travel in the interest of service of persons whose travel is contraindicated according to the medical certificate.

(2) Persons with severe and severe disabilities, pregnant women, single parents with children up to 14 years of age, employees with children up to 4 years of age or children with disabilities, persons combining childcare leave, provided in art. 126 and 127 paragraph (2), with work, as well as employees caring for a sick family member, based on the medical certificate, may be sent away only with their written consent. At the same time, the employer is obliged to inform in writing the mentioned employees about their right to refuse to leave.

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Art.

  250 Transfer to another job of certain categories of women

(1) If, as a result of the occupational risk assessment in accordance with the Occupational Safety and Health Act, work performed by a pregnant woman, a woman who has recently given birth or a breastfeeding woman proves to present safety risks or her health or may have repercussions on pregnancy or breastfeeding, the employer shall take the necessary measures to exclude, through a temporary change in working conditions, the influence of risk factors on such persons.

(2) If the modification of the working conditions, provided in par. (1), it is not possible for objective reasons for a pregnant woman, a woman who has recently given birth or a breastfeeding woman to be given another job, so as to avoid exposing her to the risk factors identified in the assessment. During the activity at the new job, the pregnant woman, the woman who has recently given birth or the breastfeeding woman is kept the average salary from the previous job.

(3) The provisions of par. (1) and (2) shall also apply in cases where pregnancy or breastfeeding occurs during the performance of work that involves the influence of risk factors, provided that the employer is properly informed.

(4) Pregnant women, women who have recently given birth and those who are breastfeeding will be removed from night work, being given a day job, while maintaining the average salary from the previous job.

(5) Until the settlement of the issue regarding the granting of another work in accordance with par. (2) - (4) or if the change of job is not possible for objective reasons, pregnant women, women who have recently given birth and those who are breastfeeding will be exempted from fulfilling their work obligations, while maintaining the average salary for the days they did not work because of it.

(6) Without prejudice to the provisions of par. (1) - (5), women who have children up to 3 years of age, in case they do not have the possibility to fulfill their work obligations, are transferred, in the manner provided by this code, to another place of work. work, with the maintenance of the average salary from the previous job until the children reach the age of 3 years.

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Art.

  251 Prohibition of dismissal of pregnant women and employees caring for children up to 4 years old

It is forbidden to dismiss pregnant women, women who have children up to 4 years old and persons who use childcare leave provided in art. 124, 126 and 127, except for the cases provided in art. 86 para. (1) lit. b), g) - k).

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Art.

  252 Guarantees for people caring for children without maternal care

Guarantees and rights granted to women with children up to 4 years of age and other persons using childcare leave, provided in art. 124, 126 and 127 (limitation of night work, overtime work, attraction to work on rest days and sending on duty in the interest of work, granting additional leave, establishing the privileged work regime, other guarantees and facilities established by labor legislation), extend, in addition to the relatives mentioned in art.124 paragraph (4), and on other people who actually care for children without maternal care (in case of death, loss of parental rights or long stay of the mother in a treatment institution, in other cases), as well as on the guardians (curators) of minors.

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Art.

  252 .1 Guarantees for people who educate a child with disabilities

One of the parents (guardian, curator) who educates a child with disabilities will be given an additional day off based on a written request, with the maintenance of the average salary from the employer's account.

New to

 
2015-12-18
 

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Art.

  252 .2 Childcare services for children up to 3 years old

In order to reconcile work and family life, the employer may offer childcare services for children up to the age of 3 to employees, according to the regulatory framework approved by the Government.

New to

 
2022-04-25
 

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