For the purposes of this Code, the following terms are defined:

Establishment - an enterprise, institution or organisation with the status of a legal person, irrespective of the type of ownership, legal form of organisation and departmental subordination or branch affiliation;

employer - a legal person (establishment) or natural person employing employees on the basis of an individual employment contract concluded in accordance with the provisions of this Code;

transferor - a natural or legal person who, in the process of reorganisation of the unit, change of ownership or of its owner, involving a change of employer, loses the status of employer in relation to the unit or part of it;

transferee - a natural or legal person who, in the process of reorganisation of the unit, change of ownership or of its owner involving a change of employer, acquires the status of employer in relation to the unit or part of it;

employee - a natural person (man or woman) who performs work according to a certain speciality, qualification or in a certain function, in return for a salary, under an individual employment contract;

employees' representatives - trade union body which usually operates within the establishment in accordance with the legislation in force and the statutes of trade unions, and in its absence - other representatives elected by the employees of the establishment in the manner laid down in this Code (Article 21);

pregnant woman - any woman who notifies her employer in writing of her physiological state of pregnancy and encloses a medical certificate issued by the family doctor or specialist doctor attesting to this state;

woman who has recently given birth - any woman who has resumed work after the expiry of her postnatal leave and requests the employer, in writing, the protective measures provided for by law, enclosing a medical certificate issued by the family doctor, but not later than 6 months from the date of giving birth;

breastfeeding woman - any woman who, on returning to work after taking postnatal leave, breastfeeds her child and notifies her employer in writing;

young specialist - a graduate of an institution of higher, intermediate or secondary vocational education within the first three years after graduation;

sexual harassment - any form of physical, verbal or non-verbal conduct of a sexual nature that offends the dignity of the person or creates an unpleasant, hostile, degrading, humiliating or insulting atmosphere;

dignity at work - a comfortable psycho-emotional climate in the working relationship which excludes any form of verbal or non-verbal behaviour on the part of the employer or other employees which may harm the moral and psychological integrity of the employee;

written form - information (certificate, document, contract, etc.) in letters, figures, graphics on paper or in electronic form; holographic writing on paper; information transmitted by fax or other means of communication, including electronic means, which allow the information to be read;

acknowledgement of receipt/notification - receipt/notification shall be deemed to be acknowledged when at least one of the following conditions is met, whichever is the earlier:

a) the notification is delivered to the addressee;

b) the notification is delivered to the postal address indicated by the addressee for this purpose or, failing that, to the registered office of the addressee who is a legal person or to the domicile of the addressee who is a natural person;

c) the notification is transmitted by electronic mail or other means of individual communication, when it can be accessed by the addressee, including in accordance with the rules for sending and receiving electronic documents laid down by law;

d) the notification is otherwise made available to the addressee at a place and in a manner reasonably capable of being accessed by the addressee without delay;

remuneration - monetary remuneration including basic salary (tariff salary, function salary) and all allowances, bonuses, bonuses and other incentive and compensation payments granted to the employee by the employer under the individual employment contract for work performed;

salary level - gross annual pay and corresponding gross hourly pay;

gender pay gap - the difference between the average pay levels of female and male employees, expressed as a percentage of the average pay level of male employees;

equal work - work performed in the same job, according to the same educational, professional and training requirements, skills (abilities), effort, responsibility, work performed, nature of tasks involved and working conditions;

work of equal value - work performed in different functions or positions but which is considered to be of equal value on the basis of the same educational, professional and training requirements, skills (abilities), effort, responsibility, work performed, nature of tasks involved and working conditions;

flexible working arrangements - work schedules that allow employees to adapt their working hours, including through the use of teleworking, home working, flexible working arrangements, part-time working or compressed working weeks.

(1) This code regulates the totality of individual and collective labor relations, the control of the application of the regulations in the field of labor relations, the labor jurisdiction, as well as other relations directly related to the labor relations.

(2) This code also applies to labor relations regulated by organic laws and other normative acts.

(3) If the court establishes that, through a civil contract, the labor relations between the employee and the employer are in fact regulated, the provisions of the labor legislation shall apply to these relations.

The provisions of this code apply:

a) employees of the Republic of Moldova, employed on the basis of an individual employment contract, including those with a contract of continuous professional training or professional qualification, who perform work in the Republic of Moldova;

b) employees of foreign or stateless citizens, employed on the basis of an individual employment contract, who provide work for an employer who carries out his activity in the Republic of Moldova;

c) employees of the Republic of Moldova who work at the diplomatic missions of the Republic of Moldova abroad;

d) employers of natural or legal persons from the public, private or mixed sector who use salaried work;

e) employees from the apparatus of public, religious, trade union, employers' associations, foundations, parties and other non-commercial organizations that use salaried work

Labour relations and other relations directly related to them are regulated by the Constitution of the Republic of Moldova, the present Code, other laws, other normative acts containing labour law norms, namely:

a) decisions of the Parliament;

b) decrees of the President of the Republic of Moldova;

c) Government decisions and orders;

d) acts related to labour issued by the Ministry of Labour and Social Protection, by other specialized central authorities, within the limits of the powers delegated by the Government;

e) acts of local public authorities;

f) normative acts at unit level;

g) collective labour contracts and collective agreements; and

h) treaties, agreements, conventions and other international acts to which the Republic of Moldova is a party.

The basic principles of the regulation of labor relations and other relations directly related to them, principles arising from the norms of international law and those of the Constitution of the Republic of Moldova, are the following:

a) freedom of employment, including the right to work freely chosen or accepted, the right to dispose of one's work capacity, the right to choose one's profession and occupation;

b) prohibition of forced (compulsory) labor and discrimination in the field of labor relations;

c) protection against unemployment and assistance in employment;

d) ensuring the right of every employee to fair working conditions, including working conditions that meet the requirements of occupational safety and health, and the right to rest, including the regulation of working time, the granting of annual rest leave, rest breaks daily, holidays and non-working holidays;

e) equality in rights and opportunities of employees;

f) guaranteeing the right of each employee to pay in full and equitable time the salary that would ensure a decent existence for the employee and his family;

f.1) equal pay for equal work or work of equal value;

g) ensuring the equality of employees, without any discrimination, for advancement in the service, taking into account the labor productivity, qualification and seniority in work in the specialty, as well as for professional training, retraining and improvement;

h) ensuring the right of employees and employers to association to defend their rights and interests, including the right of employees to join unions and to be union members and the right of employers to associate in employers and to be members of employers ;

i) ensuring the right of employees to participate in the administration of the unit in the forms provided by law;

j) the combination of state regulation and contractual regulation of labor relations and other relations directly related to them;

k) the obligation of the full reparation by the employer of the material and moral damage caused to the employee in connection with the fulfillment of the work obligations;

l) establishing state guarantees for ensuring the rights of employees and employers, as well as exercising control over their observance;

m) ensuring the right of every employee to defend his or her labor rights and freedoms, including by notifying the supervisory and control bodies, of the labor jurisdiction bodies;

n) ensuring the right to resolve individual labor disputes and collective labor disputes, as well as the right to strike, in the manner established by this code and other normative acts;

o) the obligation of the parties to collective and individual employment contracts to respect the contractual clauses, including the employer's right to demand from the employee the fulfillment of work obligations and the manifestation of a household attitude towards the employer's goods and, respectively, the employee's right to demand employer fulfilling the obligations towards the employees, observing the labor legislation and other acts containing norms of the labor law;

p) ensuring the right of trade unions to exercise public control over compliance with labor legislation;

r) ensuring the right of employees to the defense of honor, dignity and professional reputation during the work activity;

s) guaranteeing the right to compulsory social and medical insurance of employees.

(1) Freedom of labor is guaranteed by the Constitution of the Republic of Moldova.

(2) Any person is free to choose his job, profession, trade or activity.

(3) No one, throughout his life, may be obliged to work or not to work in a certain job or in a certain profession, whatever they may be.

(4) Any legal act concluded in breach of the provisions of paragraphs (1), (2) and (3) shall be null and void.

(1) Forced (compulsory) labor is prohibited.

(2) Forced labor (compulsory) means any work or service imposed on a person under threat or without his consent.

(3) The use in any form of forced (compulsory) labor is prohibited, namely:

a) as a means of political or educational influence or as a punishment for supporting or expressing political opinions or beliefs contrary to the existing political, social or economic system;

b) as a method of mobilization and use of labor for economic purposes;

c) as a means of maintaining work discipline;

d) as a means of punishment for participating in the strike;

e) as a means of discrimination on the grounds of social, national, religious or racial affiliation.

(4) Forced labor (compulsory) includes:

a) violation of the established deadlines for payment of the salary or its partial payment;

b) the requirement of the employer towards the employee to fulfill his work obligations in the absence of collective or individual protection systems or in case the accomplishment of the required work may endanger the life or health of the employee.

(5) The following are not considered forced labor (compulsory):

a) military service or the activities carried out in its place by those who, according to the law, do not fulfill the compulsory military service;

b) the work of a convicted person performed under normal conditions during the period of pre-trial detention or parole;

c) the benefits imposed in the situation created by calamities or other danger, as well as those that are part of the normal civil obligations established by law.

(1) Undeclared work is prohibited.

(2) Undeclared work means any work performed by a natural person for and under the authority of an employer without complying with the provisions of this code regarding the conclusion of the individual employment contract.

(1) The principle of equal rights of all employees acts within the labor relations. Any discrimination, direct or indirect, of the employee on the grounds of sex, age, race, skin color, ethnicity, religion, political choice, social origin, domicile, disability, HIV / AIDS, membership or trade union activity, as well as other criteria unrelated to his professional qualities, is prohibited.

(2) The establishment of differentiations, exceptions, preferences or rights of employees, which are determined by the specific requirements of a job, established by the legislation in force, or by the special care of the state towards persons in need of increased social and legal protection, does not constitute discrimination. .

(1) An employee has the right:

a) to conclude, amend, suspend and terminate the individual employment contract in the manner laid down in this Code;

b) to work, in accordance with the terms of the individual employment contract;

c) to a job, under the conditions laid down in the state standards on organisation, safety and health at work, in the collective labour contract and in collective agreements;

d) timely and full payment of wages in accordance with his or her qualifications and the complexity, quantity and quality of the work performed;

d.1) to obtain, on request, information on rates of pay, broken down by sex, for categories of employees performing equal work or work of equal value;

e) to rest, ensured by the establishment of normal working hours, by the reduction of working hours for certain professions and categories of employees, by the granting of rest days and holidays, paid annual leave;

f) full and truthful information, prior to employment or transfer to another post, on the conditions of employment, in particular on the conditions of remuneration for work, including the salary of the post or tariff, supplements, bonuses and material allowances (where these form part of the establishment's pay system), the frequency of payments and the criteria used to determine pay levels;

f.1) to information and consultation on the economic situation of the establishment, occupational safety and health and other matters concerning the operation of the establishment, in accordance with the provisions of this Code;

g) to address the employer, employers, trade unions, central and local public administration bodies, labour jurisdiction bodies; 

h) training, retraining and further training in accordance with this Code and other regulations;

i) to freedom of association in trade unions, including the right to form and join trade unions for the protection of his or her labour rights, freedoms and legitimate interests;

j) to participate in the management of the establishment in accordance with this Code and the collective labour agreement;

k) to conduct collective negotiations and conclude collective agreements and collective agreements, through its representatives, to be informed about the execution of those agreements and agreements;

l) to defend, by means not prohibited by law, his employment rights, freedoms and legitimate interests;

m) to the settlement of individual labour disputes and collective labour disputes, including the right to strike, in the manner laid down in this Code and other normative acts;

n) compensation for material and non-material damage caused in connection with the performance of work obligations, in the manner laid down in this Code and other normative acts;

o) to compulsory social and medical insurance, as provided for by the legislation in force.  

(1.1) Employees may not waive their rights under this Code. Any agreement aimed at waiving or limiting the employee's labour rights shall be null and void.

(2) The employee shall be bound:

a) to conscientiously fulfil his or her employment obligations under the individual employment contract;

b) to comply with the established work rules;

c) to comply with the requirements of the internal regulations of the establishment and to carry the nominal permit for access to the workplace granted by the employer at all times;

d) respect work discipline;

d.1) behave in a non-discriminatory manner towards other employees and the employer;

d.2) respect the right to dignity at work of other employees;

e) comply with occupational safety and health requirements;

f) show good housekeeping towards the employer's and other employees' property;

g) immediately inform the employer or immediate supervisor of any situation that poses a danger to the life and health of people or to the integrity of the employer's property;

g.1) immediately inform the employer or immediate supervisor of the impossibility of reporting for work and present, within 5 working days after resuming work, the documents justifying the absence;

h) pay compulsory state social security contributions and compulsory health insurance premiums in the prescribed manner;

i) fulfil other obligations laid down by the legislation in force, the collective labour contract and collective agreements.

(1) The employer has the right:

a) conclude, amend, suspend and terminate individual employment contracts with employees in the manner and under the conditions laid down in this Code and other regulations;

b) require employees to fulfil their work obligations and to show good housekeeping towards the employer's property;

c) to encourage employees to work efficiently and conscientiously;

c.1) provide employees with childcare services for children up to the age of 3;

d) to hold employees liable for disciplinary and material matters in the manner laid down in this Code and other regulations;

e) issue regulations at unit level;

f) to create and join employers' associations for the representation and defence of its interests.

(2) The employer is obliged:

a) comply with laws and other regulations, the terms of the collective labour contract and collective agreements;

b) comply with the terms of individual employment contracts;

b.1) to approve and/or amend the establishment's personnel lists under the conditions laid down in this Code;

c) (repealed)

d) provide employees with the work provided for in the individual employment contract;

e) provide employees with working conditions appropriate to the requirements of occupational safety and health;

f) provide employees with the necessary equipment, tools, technical documentation and other means to perform their work duties;

f.1) ensure equal opportunities and treatment for all persons in employment according to their profession, in vocational guidance and training, and in promotion in the service, without discrimination of any kind;

f.2) apply the same criteria for assessing the quality of work, for sanctions and for dismissal;

f.3) to take measures to prevent sexual harassment at work, as well as measures to prevent harassment for lodging complaints of discrimination with the competent body;

f.4) ensure equal conditions for women and men to combine work and family obligations;

f.5) introduce provisions in the internal rules of the unit prohibiting discrimination on any grounds and sexual harassment;

f.6) ensure respect for the dignity of employees at work;

g) ensure equal pay for equal work or work of equal value;

h) to pay wages in full within the time limits laid down in this Code, the collective labour agreement and individual employment contracts;

i) to conduct collective negotiations and conclude the collective labour contract, providing the employees' representatives with the complete and truthful information necessary for this purpose, as well as the information necessary to control the execution of the contract;

j) inform and consult employees on the economic situation of the establishment, occupational safety and health and other matters relating to the operation of the establishment in accordance with the provisions of this Code;

k) to fulfil in time the prescriptions of the state supervisory and control bodies, to pay the fines imposed for the violation of legislative and other normative acts containing the rules of labour law;

l) to examine the complaints of employees and their representatives on violations of legislative acts and other normative acts containing labour law norms, to take measures for their removal, informing the mentioned persons about it within the terms established by law;

m) to create conditions for the participation of employees in the management of the establishment in the manner established by this Code and other normative acts;

n) provide employees with the social and health conditions necessary for the fulfilment of their work obligations;

o) to carry out compulsory social and medical insurance of employees in the manner prescribed by the legislation in force;

p) compensate material and moral damage caused to employees in connection with the fulfilment of their work obligations, in the manner laid down in this Code and other normative acts;

r) to fulfil other obligations laid down in this Code, other legislation, collective agreements, collective and individual employment contracts.

(1) The minimum level of labor rights and guarantees for employees is established by this code and by other normative acts containing norms of labor law.

(2) Individual employment contracts, collective labor agreements and collective agreements may establish for employees rights and labor guarantees additional to those provided by this code and other normative acts.

The clauses in the individual labor contracts, in the collective labor contracts and in the collective agreements or in the legal acts issued by the public administration authorities mentioned in art. 4 letters d) and e), which worsen the situation of the employees in comparison with the labor legislation they do not produce legal effects.

If treaties, conventions, agreements or other international acts to which the Republic of Moldova is a party establish other provisions than those contained in this code, international regulations shall have priority.

(1) The expiration of the terms to which this code links the appearance or termination of employment shall begin on the day immediately following the day on which the appearance or termination of employment rights and obligations was determined.

(2) The terms calculated in years, months or weeks shall expire on the respective date of the last year, the last month or week. Non-working days are also included in the term calculated in weeks or calendar days.

(3) If the term calculated in months expires in the month that has a number of days greater or less than that of the month in which the term began to run, then the day of expiration of the term is considered the last day of the month in which the term expires.

(4) If the last day of the term is a non-working day, then the day of expiry of the term shall be considered the first working day immediately following.

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.

(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.

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.

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.

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).

(1) The representatives of the employees within the social partnership are the trade union bodies at national, territorial, branch and unit level, empowered in accordance with the statutes of the trade unions and with the legislation in force.

(2) The interests of the unit's employees within the social partnership - in collective bargaining, in concluding, amending and completing the collective labor contract, in controlling its fulfillment, as well as in exercising the right to participate in the administration of the unit - are represented by the trade union body. unit, and in its absence - by other representatives elected by the employees of the unit.

(3) Employees' interests in the social partnership at territorial, branch and national level - in collective bargaining, in concluding, amending and supplementing collective agreements, in resolving collective labor disputes, including in concluding, amending or supplementing collective agreements, when carrying out the control of their fulfillment - they are represented by the respective trade union bodies.

(1) The employees who are not union members have the right to empower the union body to represent their interests in the labor relations with the employer.

(2) In the units in which no trade unions are established, the interests of the employees may be defended by their elected representatives.

(3) The employees' representatives are elected within the general assembly (conference) of the employees, with the vote of at least half of the total number of employees (delegates) in the unit.

(4) The number of elected representatives of the employees is established by the general assembly (conference) of the employees, taking into account the number of staff in the unit.

(5) The powers of the elected representatives of the employees, the manner of exercising them, as well as the duration and limits of their mandate, are established by the general assembly (conference) of the employees in a normative act at unit level.

The employer is obliged to create conditions for the activity of the employees' representatives in accordance with this code, with the Trade Union Law, with other normative acts, with the collective agreements and with the collective labor contract.

(1) Representatives of the employer - in collective bargaining, in concluding, amending or supplementing the collective labor contract - are the head of the unit or the persons empowered by him in accordance with this code, other normative acts and the documents establishing the unit.

(2) In collective bargaining, in concluding, amending or supplementing collective agreements, as well as in resolving collective labor disputes related to their conclusion, modification or completion, the interests of employers are represented by the employers, as the case may be.

State and municipal enterprises, as well as organizations and institutions financed from the national public budget, may be represented by the central and local public administration authorities empowered by law or by the heads of these enterprises, organizations and institutions.

(1) In order to regulate the socio-economic relations in the sphere of social partnership, the following structures are created:

a) at national level - National Commission for collective consultations and negotiations;

b) at branch level - branch commissions for consultations and collective bargaining;

c) at territorial level - territorial commissions for consultations and collective bargaining;

d) at unit level - the commissions for social dialogue “employer - employees”.

(2) The formation and activity of the commissions at national, branch and territorial level are regulated by organic law, and of the commissions at unit level - by the standard regulation, approved by the National Commission for collective consultations and negotiations, which is published in the Official Gazette. Republic of Moldova.

(1) The representatives of employees and employers have the right to initiate and participate in collective bargaining for the elaboration, conclusion, modification or completion of the collective labor contract or collective agreements.

(2) The representatives of the parties to whom the proposal in written form for the beginning of the collective bargaining has been sent are obliged to proceed to them within 7 calendar days from the date of the approval.

(1) The participants in the collective bargaining are free to choose the issues that will be the object of regulation of the collective labor contracts and of the collective agreements.

(2) In the units where a part of the employees are not union members, they have the right, according to art. 21 paragraph (1), to empower the union body to represent their interests in negotiations.

(3) In the units where no unions are constituted, the interests of the employees are expressed, according to art. 21 paragraph (2), by the elected representatives of the employees.

(4) The right to participate in collective bargaining, to sign collective agreements on behalf of employees at national, branch or territorial level belongs to the corresponding trade unions (trade unions). If, at national, branch, territorial or unitary level, there are several trade union bodies, a single representative body is created for the conduct of collective bargaining, the elaboration of the draft collective agreement and its conclusion. The establishment of the representative body is carried out based on the principle of proportional representation of the trade union bodies, depending on the number of trade union members. In the absence of an agreement on the creation of a single representative body for the organization of collective bargaining, the right to conduct them will revert to the trade union (trade union association) with the largest number of members.

(4.1) The right to participate in collective bargaining, to sign collective agreements on behalf of employers at national, branch or territorial level, belongs to the appropriate employers' associations. If, at national, branch or territorial level, there are several employers, a single representative body is created for the conduct of collective bargaining, for the elaboration of the draft collective agreement and for its conclusion. The establishment of the representative body is carried out based on the principle of proportional representation of the employers, depending on the number of their members. In the absence of an agreement on the creation of a single representative body for the organization of collective bargaining, the right to conduct them will revert to the employer with the largest number of members.

(5) (Repealed)

(6) The parties are obliged to provide each other with the information necessary for the conduct of collective bargaining at the latest within 2 weeks from the moment of the request.

(7) The participants in the collective bargaining, other persons involved in the collective bargaining have the obligation not to disclose the information received if it constitutes a state or commercial secret. The persons who disclosed the respective information bear disciplinary, material, administrative, civil or criminal liability, in the manner established by the legislation in force.

(8) The terms, place and manner of conducting the collective bargaining shall be established by the representatives of the parties participating in the respective negotiations.

If, in the course of the collective bargaining, no coordinated decision has been taken on all or some of the issues addressed, a report shall be drawn up on the existing differences. The regulation of the divergences appeared in the process of collective bargaining for the conclusion, modification or completion of the collective labor contract or of the collective agreement takes place in the manner established by the present code.

(1) The persons participating in the collective bargaining, in the elaboration of the project of the collective labor contract or of the collective agreement shall be released from the basic work, with the maintenance of the average salary for the term established by the agreement of the parties.

(2) All expenses related to the participation in the collective bargaining shall be compensated in the manner established by the legislation in force, by the collective labor contract or by the collective agreement. The work of experts, specialists and mediators shall be remunerated by the inviting party, unless the collective bargaining agreement or the collective agreement provides otherwise.

(3) During the collective bargaining period, the representatives of the employees participating in them may not be disciplined, transferred to another job or dismissed, without prior consultation of the trade union bodies that empowered them.

(1) The collective labor contract is the legal act that regulates the labor relations and other social relations in the unit, concluded in written form between the employees and the employer by their representatives.

(2) The collective labor contract may be concluded both per unit as a whole and in its branches and representative offices.

(3) At the conclusion of the collective labor contract within a branch or representative office of the unit, part of it is the head of the respective subdivision, empowered for this purpose by the employer.

(1) The content and structure of the collective labor contract are determined by the parties.

(2) The collective labor contract may provide for mutual commitments of the employees and the employer regarding:

a) the forms, systems and amount of remuneration;

b) payment of allowances and compensations;

c) the mechanism for regulating the remuneration of labor, taking into account the level of inflation and the achievement of the economic indices provided by the collective labor contract;

d) working time and rest time, as well as issues related to the granting and duration of holidays;

e) improving working conditions and labor protection of employees, including women, youth and people with disabilities;

f) observance of the employees' interests in case of privatization of the unit and of the housing fund on its balance sheet;

g) ecological security and protection of employees' health in the production process;

h) guarantees and facilities for employees who combine work and studies;

i) recovery of health, rest of employees and members of their families;

j) the control of the execution of the clauses of the collective labor contract, the procedure of its modification and completion;

k) ensuring normal working conditions for employees' representatives;

l) liability of the parties;

m) renunciation of the strike in case of fulfilling the clauses of the collective labor contract; as well as

n) other commitments determined by the parties.

(3) The collective labor contract may provide, depending on the economic and financial situation of the employer, facilities and benefits for employees, as well as more favorable working conditions in relation to those provided by applicable law and collective agreements.

(4) Normative clauses may be included in the collective labor contract, if they do not contravene the legislation in force.

(1) The draft collective labor contract is elaborated by the parties in accordance with the present code and with other normative acts.

(2) If, within 3 months from the day of the negotiations, no agreement has been reached on some provisions of the draft collective labor contract, the parties are obliged to sign the contract only for the coordinated clauses, drawing up, at the same time, a report on existing divergences.

(3) Unresolved differences shall be the subject of subsequent collective bargaining or shall be resolved in accordance with this Code and other normative acts.

(1) The collective labor contract enters into force from the moment of signing by the parties or from the date established in the contract. A copy of the collective labor contract shall be submitted by one of the signatory parties, within 7 calendar days from the date of conclusion, to the territorial labor inspection.

(1.1) The duration of the collective labor contract shall be established by the parties and may not be less than one year.

(2) The collective labor contract also produces effects in case of changing the name of the unit or of terminating the individual labor contract with the head of the unit.

(3) In case of reorganization of the unit by merger (merger and absorption), dismemberment (division and separation) or transformation or in case of liquidation of the unit, the collective labor contract continues to produce its effects throughout the reorganization or liquidation process.

(4) In the event of a change in the type of ownership of the unit or its owner, the collective bargaining agreement shall continue to take effect until the date of its expiry or the entry into force of another collective bargaining agreement.

(5) In case of reorganization, change of ownership of the unit or its owner, either party may propose to the other party to conclude a new collective bargaining agreement or to extend the previous contract.

(5.1) In the event of the opening of insolvency proceedings of the establishment, the collective labour agreement concluded prior to the opening of such proceedings shall continue to have effect for the entire period of its validity. The amendment, supplementing of the contract in force or the conclusion of a new collective labour contract in the establishment under insolvency proceedings shall be made only by joint agreement of the parties.

(6) (Repealed)

(7) Under the incidence of the collective labor contract concluded per unit as a whole fall the employees of the unit, its subsidiaries and representations, who empowered their representatives to participate in collective bargaining, to draw up and conclude the collective labor contract on their behalf.

(1) The modification and completion of the collective labor contract takes place in the manner established by this code for concluding the contract.

(2) Any modification or completion of the collective labor contract shall be brought to the notice of the unit's employees by the employer within 5 working days from the date of operation by means of a:

a) notice sent by electronic mail or other means of communication, which may be accessed by each employee; and/or

b) public notice placed on the establishment's website, as appropriate; and/or

c) a public notice placed on a publicly accessible notice board at the establishment's premises, including at each of its branches or representative offices.

(1) The collective agreement is a legal act which establishes the general principles governing the employment and socio-economic relations directly related to them, which are concluded by the empowered representatives of employees and employers at national, territorial and branch level, within the limits of their competence.

(2) The collective agreement may include clauses regarding:

a) remuneration for work;

b) working conditions and labor protection;

c) work and rest regime;

d) development of the social partnership;

e) other issues determined by the parties.

The content and structure of the collective agreement are established by the agreement of the representatives of the parties, who are free to choose the circle of issues to be negotiated and included in the agreement.

(1) The draft collective agreement shall be drawn up in the framework of collective bargaining.

(2) The negotiation, conclusion and modification of the clauses of the collective agreement at the respective level, clauses that provide for the allocation of budgetary means, are usually carried out by the parties before the draft budget for the financial year corresponding to the term of the agreement.

(3) The manner and terms of elaboration of the draft collective agreement and of its conclusion shall be established by the social partnership body of the corresponding level.

(4) Unresolved differences shall be the subject of subsequent collective bargaining or shall be resolved in accordance with this Code and other normative acts.

(5) The collective agreement shall be signed by the representatives of the parties.

(1) The collective agreement concluded at national level (General Agreement) shall enter into force on the date of its publication in the Official Gazette of the Republic of Moldova.

(2) Collective agreements at branch and territorial level shall enter into force at the time of signing by the parties or at the date set in the agreement. A copy of the collective agreement at branch or territorial level shall be submitted by one of the signatory parties to the Ministry of Labour and Social Protection within 7 calendar days from the date of its conclusion.

(3) The term of the collective agreement shall be determined by the parties and may not be less than one year.

(4) If employees are covered by more than one collective agreement at the same time, the more favourable provisions of the collective agreements shall have priority.

(5) The collective agreement shall apply to employees and employers who have authorised their representatives to take part in collective bargaining and to draw up and conclude the collective agreement on their behalf, to public authorities within the limits of the commitments entered into, and to employees and employers who have acceded to the agreement after its conclusion.

(6) The collective agreement shall apply to all employers who are members of the employer concluding the agreement. Termination of the employer's membership shall not release the employer from the obligation to comply with the provisions of the agreement concluded during the period of its membership. An employer who joined the employer organisation during the period of the collective agreement is obliged to comply with the provisions of that agreement.

(7) The manner of publication of collective agreements concluded at branch and territorial level, as well as amendments and additions thereto, shall be determined by the parties.

The modification and completion of the collective agreement takes place in the manner established by this code for the conclusion of the agreement.

(Repealed)

(1) The control over the fulfillment of the collective labor contract and of the collective agreement is exercised by the parties of the social partnership, through their representatives, and by the State Labor Inspectorate, according to the legislation in force.

(2) When performing the respective control, the representatives of the parties are obliged to exchange information necessary for this purpose.

(1) The right of employees to administer the unit, directly or through their representative bodies, and the forms of participation in it are regulated by this code and other normative acts, by the establishment documents of the unit and by the collective labor contract.

(2) The participation of the employees in the administration of the unit can be achieved by:

a) participation in the elaboration of draft normative acts at unit level in the socio-economic field;

a.1) participation in the approval of normative acts at unit level in the cases provided by this code and by other legislative or normative acts;

b) informing and consulting the employees regarding the issues mentioned in art. 421;

c) collaboration with the employer within the social partnership;

d) (repealed)

(1) In order to ensure the right of employees to manage the establishment provided for in Article 42, the employer is obliged to inform and consult them on matters relevant to their work in the establishment.

(2) The obligation to inform covers:

a) the recent and probable development of the activities and economic situation of the establishment;

b) the situation, structure and probable development of employment in the establishment and any anticipatory measures envisaged, in particular where there is a threat to jobs;

c) decisions likely to lead to significant changes in work organisation or contractual relations, including those relating to collective redundancies or change of ownership of the establishment;

d) the occupational safety and health situation at the establishment and any measures likely to affect their provision, including the planning and introduction of new technologies, the choice of work and protective equipment, the training of employees in occupational safety and health, etc;

e) the average remuneration by category of employee or function, broken down by sex.

(3) The information shall be provided by sending to the employees' representatives, in written form, the relevant, complete and truthful data on the subjects listed in para. (2) in good time to enable employee representatives to prepare for consultation if necessary.

(4) Information shall be provided whenever necessary in the circumstances and periodically at intervals laid down in the collective labour agreement. Regular information on the subjects referred to in paragraph (2) may be held not less frequently than once a year, but not later than in the first half of the year following the year of management.

(5) If certain measures are envisaged with regard to employees, the information shall be made at least 30 calendar days before the implementation of the relevant measures. In case of liquidation of the establishment or reduction in the number or status of staff, the employees shall be informed at least 30 calendar days before the initiation of the procedures referred to in Article 88.

(6) If there is neither a trade union nor elected representatives in the establishment, the information referred to in para. (2) shall be made known to employees by means of a public notice on a notice board with general access at the establishment's premises (including at each of its branches or representative offices) and, where appropriate, by means of the website or electronic messages.

(7) Consultation shall take place:

a) in meetings with representatives of the employer at the level relevant to the subject matter discussed;

b) on the basis of the information submitted in accordance with paragraph (3) and the opinion which the employee representatives are entitled to formulate in this context;

c) with a view to reaching a consensus on the matters referred to in paragraph 2. (b) to (d) which fall within the competence of the employer.

In the process of consultation, the employees' representatives shall have the right to meet the employer and to obtain a reasoned response to any opinion they may formulate. Where certain measures are envisaged in respect of employees, consultation shall be carried out in such a way as to give the employees' representatives the opportunity to negotiate and reach a consensus with the employer before the envisaged measures are implemented. In all cases, provided for in this Code, where the employer is obliged to consult employees/employee representatives before taking a decision affecting the rights and interests of employees, the employer shall notify the trade union body/employee representatives and request their consultative opinion in writing. The deadline for submitting the opinion is 10 working days from the date of receipt of the notification. If the opinion is not submitted within the period indicated, the communication of the advisory opinion by the trade union/employee representatives shall be presumed.

(8) If the establishment has an occupational safety and health committee established in accordance with the provisions of the Law on Occupational Safety and Health No. 186/2008, the information and consultation on the matters referred to in para. (2)(d) of this Article shall be conducted within this committee.

(9) Employees' representatives and any expert assisting them shall not disclose to employees or third parties information which, in the legitimate interests of the establishment, has been provided to them in confidence following the signing of a written undertaking. This restriction shall apply wherever such representatives or third parties may be, even after the expiry of their mandate. In turn, employees will not disclose confidential information received in the same way from their employer. Failure to respect confidentiality entails an obligation on the part of the persons responsible to make good the damage caused.

(10) By way of derogation from the provisions of paragraph. (1) to (8), the employer shall not be obliged to communicate information or undertake consultations if such actions may have the effect of disclosing a state or trade secret. Refusal by the employer to provide information or to consult on the matters referred to in para. (2), may be challenged in court.

(11) When informing and consulting employees in connection with the reorganisation of the establishment, change of ownership or change of ownership, the particulars provided for in Article 197.1 shall be taken into account.

(12) Collective agreements and/or collective labour contracts may establish any information and consultation procedures, which shall not diminish the rights of employees in relation to the provisions of this Code.

(1) The representatives of the parties that evade the participation in the collective negotiations regarding the conclusion, modification and completion of the collective labor contract or the collective agreement or who refuse to sign the collective bargaining contract or collective bargaining agreement shall be liable according to the legislation in force.

(2) The persons guilty of failing to present the information necessary for conducting collective bargaining and exercising control over the execution of the collective labor agreement or collective agreement, as well as those guilty of presenting incomplete or untrue information, shall be liable in accordance with applicable law.

The persons guilty of violating or not executing the clauses of the collective labor contract or of the collective agreement are liable in accordance with the legislation in force.

The individual employment contract is the agreement between the employee and the employer, through which the employee undertakes to perform a job in a certain specialty, qualification or position, to comply with the internal regulations of the unit, and the employer undertakes to ensure the working conditions provided by this code, other normative acts containing norms of labor law, the collective labor contract, as well as to pay the salary on time and in full.

(1) The parties to the individual employment contract are the employee and the employer.

(2) The natural person acquires the capacity to work at the age of 16.

(3) The natural person may conclude an individual employment contract also at the age of 15, with the written consent of the parents or legal representatives, if, consequently, his health, development, training and professional training will not be endangered.

(4) It is prohibited the employment of persons up to 15 years of age, as well as the employment of persons deprived by the court of the right to hold certain positions or to exercise a certain activity in the respective positions and activities.

(5) As an employer, part of the individual employment contract can be any natural or legal person, regardless of the type of property and the legal form of organization, which uses salaried work.

(6) The legal person employer may conclude individual employment contracts from the moment of acquiring the legal personality.

(7) The natural person employer may conclude individual employment contracts from the moment of acquiring the full capacity to exercise.

(8) It is forbidden to conclude an individual employment contract for the purpose of performing a work or an illegal or immoral activity.

(9) The citizens of the Republic of Moldova, foreign citizens and stateless persons may be part of the individual employment contract, except for the cases provided by the legislation in force.

(1) Unfounded refusal of employment is prohibited.

(2) It is prohibited any limitation, direct or indirect, in rights or the establishment of some advantages, direct or indirect, at the conclusion of the individual employment contract depending on sex, race, ethnicity, religion, domicile, political option or social origin.

(3) The refusal of the employer to hire shall be drawn up in writing, with the indication of the data provided in art. 49 paragraph (1) letter b), and may be challenged in court.

(1) Prior to employment or transfer to a new post, the employer shall inform the person to be employed or transferred of the conditions of employment in the proposed post, giving him the information referred to in Article 49 (1). This information shall be the subject of a draft individual employment contract or an official letter, signed by the employer with an electronic signature or a holographic signature. The obligation to inform the person selected for employment or the employee, in the event of transfer, shall be deemed to have been fulfilled by the employer when the contract or the supplementary agreement to the individual employment contract is signed.

(2) Upon hiring, the employee shall be provided with the collective agreements applicable to him/her, the collective labour agreement, the internal regulations of the establishment, as well as information on occupational safety and health requirements related to his/her work.

(3) If the employee is to work abroad, the employer shall provide him in good time with all the information referred to in Article 49 (1) and, in addition, information concerning:

a) the duration of work abroad;

b) the currency in which the work will be remunerated and the method of payment;

c) the compensation and benefits in cash and/or in kind related to going abroad;

d) the specific insurance conditions;

e) accommodation conditions;

f) tour and return travel arrangements.

(4) When employing foreign nationals in the Republic of Moldova, the provisions of the labour migration legislation as well as the relevant provisions of international treaties to which the Republic of Moldova is a party shall also be taken into account.

(1) The content of the individual employment contract is determined by agreement between the parties, taking into account the provisions of the legislation in force, and includes:

a) the name and surname of the employee;

b) the identification data of the employer;

c) the duration of the contract;

d) the date from which the contract is to take effect;

d.1) speciality, profession, qualification, position;

e) the duties of the post;

f) the risks specific to the post;

f.1) the name of the work to be performed (in the case of an individual employment contract for the period of performance of a specific work - Art. 312-316);

g) the rights and obligations of the employee;

h) the rights and obligations of the employer;

i) the conditions of remuneration of the work, including the salary of the position or the tariff one, the supplements, the prizes and the material aids (in case they are part of the salary system of the unit), as well as the periodicity of the payments;

j) compensations and allowances, including for work performed in difficult, harmful and / or dangerous conditions;

k) the workplace. If the job is not fixed, it is mentioned that the employee may have different jobs and the legal address of the unit or, as the case may be, the employer's domicile is indicated;

l) the work and rest regime, including the duration of the employee's working day and week;

m) probationary period, as the case may be;

n) the duration of the annual rest leave and the conditions for granting it;

o) (repealed)

p) social insurance conditions;

r) medical insurance conditions;

s) the specific clauses (art. 51), as the case may be.

(2) The individual employment contract may also contain other provisions tha do not contravene the legislation in force.

(3) It is forbidden to lay down conditions for the employee in the individual employment contract that are lower than those laid down in the regulations in force, in collective agreements and in the collective employment contract.

(4) (Repealed)

(5) (Repealed)

The employer is not entitled to require the employee to perform work that is not stipulated in the individual employment contract, except in cases provided by this code.

(1) Apart from the general clauses provided in art. 49, the parties may negotiate and include in the individual employment contract specific clauses, such as:

a) the mobility clause;

b) the confidentiality clause;

c) clauses regarding the compensation of transport expenses, the compensation of communal services, the granting of housing space;

d) other clauses that do not contravene the legislation in force.

(2) In exchange for the observance of some of the clauses provided in paragraph (1), the employee may benefit from the right to a specific indemnity and / or from other rights, according to the individual employment contract. In case of non-compliance with these clauses, the employee may be deprived of the rights granted and, as the case may be, obliged to repair the damage caused to the employer.

The mobility clause allows the employer to have an activity that does not require a stable job within the same unit.

(1) By the confidentiality clause, the parties agree that, for the entire duration of the individual employment contract and for a maximum of 2 years after its termination, not to disclose data or information of which they became aware during the execution of the individual employment contract. established by the internal regulations of the unit, by the collective or individual employment contract.

(2) The non-observance of the confidentiality clause entails the obligation of the guilty party to repair the caused damage.

(1) The parties may negotiate a non-competition clause whereby the employee is obliged, after termination of the individual employment contract, not to perform, for his own benefit or for the benefit of a third party, an activity which is in competition with the activity performed for his employer, for the period negotiated by the parties, but not more than 1 year. During this period, the employer pays the employee a monthly allowance, the amount of which will be negotiated between the employee and the employer, but which will not be less than 50% of the employee's average monthly salary.

(2) A non-competition clause which prohibits the employee from pursuing his profession in its entirety (according to his educational qualifications) shall be deemed invalid. The non-competition clause must expressly state the geographical area of the administrative-territorial units to which it applies, the activities for which it is valid, the period for which it takes effect, the amount of the monthly non-competition allowance, the time limits and the method of payment.

(3) For breach of the non-competition clause, the employee shall return the compensation received and recover the damage caused to the employer.

(4) Unless otherwise provided by the parties in the non-competition condition, the employer may unilaterally terminate the non-competition condition subject to notice and payment of three months' allowance. The notice of termination of the condition shall have effect only for the future.

(5) Unless otherwise stipulated by the parties in the non-competition condition, the employee may terminate the non-competition condition, subject to notice in writing, if the employer delays payment of benefits.

(6) This Article shall not affect the non-competition obligation provisions laid down in the Civil Code for the administrator of a legal entity.

(1) The individual employment contract is concluded, as a rule, for an indefinite period.

(2) The individual employment contract may be concluded for a determined duration, not exceeding 5 years, under the conditions provided by this code. The legal basis for concluding the individual fixed-term employment contract is indicated in the contract.

(3) If the duration of the individual employment contract is not stipulated, the contract shall be considered concluded for an indefinite period.

(4) It is forbidden to conclude individual fixed-term employment contracts in order to evade the granting of the rights and guarantees provided for employees employed for an indefinite period.

(5) The individual employment contract concluded for a determined duration in the absence of some legal grounds, ascertained by the State Labor Inspectorate, shall be considered concluded for an indefinite duration.

(1) The individual employment contract can be concluded for a fixed period, according to art. 54 paragraph (2), in the following cases:

a) for the period of fulfilling the work obligations of the employee whose individual employment contract is suspended (with the exception of cases where he is on strike), or for the period in which he is on one of the leaves provided for in art. 112, 120, 123, 124, 126, 178, 299 and 300 times for the period in which he is absent for other reasons;

b) for the period of performance of temporary works with a duration of up to 2 months;

b.1) for the period of performance of seasonal works which, by virtue of the climatic conditions, can only be carried out during a certain period of the year;

c) with persons seconded to work abroad of the Republic of Moldova;

c.1) with foreign citizens who work in the territory of the Republic of Moldova, with the exception of foreigners with the right of permanent or temporary residence for family reunification;

d) for the period of the employee's internship and professional training at another unit;

e) with people who study at educational institutions in day courses;

f) with retired persons, according to the legislation in force, due to age limit or length of service (or who obtained the right to pension due to age limit or length of service) and are not employed in the field of work - for a period of up to 2 years, which, upon expiry, can be extended by the parties under the conditions of art. 54 paragraph (2) and art. 68 paragraph (1) and paragraph (2) letter a);

g) with scientific collaborators from research and development institutions, with teaching staff and rectors of higher education institutions, as well as with leaders of preschool, primary, general secondary, special complementary, artistic, sports, professional secondary, specialized environment educational institutions, based on the results of the contest held in accordance with the legislation in force;

h) at the election, for a determined period, of employees in elective positions in central and local public authorities, as well as in trade union bodies, employers, other non-commercial organizations and commercial companies;

i) with the heads of the units, their deputies and the chief accountants of the units;

j) (repealed)

k) for the period of performance of a certain work;

k.1) for the period of implementation of an investment project or a technical and financial assistance program;

k.2) for carrying out works related to increasing the volume of production or services provided, the temporary character of which (up to one year) can be argued by the employer;

k.3) with the persons who work at the units created for a determined period;

l) with creative workers in art and culture;

m) with employees of religious associations; as well as

n) in other cases provided by the legislation in force.

(2) In the cases listed in para. (1) lit. e), g), i), l) and m), the conclusion of an individual fixed-term employment contract or the fixed-term extension of an existing contract is allowed only when establishing a permanent employment relationship is not possible from objective reasons (such as the availability of people who do their studies at the day department only during the holidays, the existence of organic laws that allow or prescribe the employment of certain employees for a fixed period, etc.). The respective reasons, along with the legal grounds for limiting the duration of the employment relationship, are to be indicated in the contract or in the additional agreement to it.

(3) Between the same parties, no more than 3 individual employment contracts can be concluded successively, for a determined duration, except for the cases provided for in para. (1) lit. a), b), c.1) and h), which cumulatively will not exceed 60 months.

(4) Individual employment contracts with a determined duration will be considered to be concluded successively if there is a time interval of less than 3 months between them.

(1) The less favorable treatment of the employees employed for a determined duration in relation to the permanent employees performing a work equivalent to the same unit is not allowed, if such treatment is based exclusively on the duration of the employment relationship and does not have an objective justification.

(2) The interdiction provided in par. (1) at least:

a) the length of service required for holding certain positions;

b) training opportunities;

c) the possibility to hold a permanent position within the unit.

(3) In order to ensure equal access to jobs, the length of service established for holding a position shall be the same for employees employed for an indefinite period and for those employed for a fixed period.

(4) In order to improve the professional skills, career development and professional mobility of fixed-term employees, the employer shall facilitate their access to adequate vocational training opportunities, in accordance with the provisions of this Code (Title VIII).

(5) The employer shall inform the employees employed for a determined duration about the vacant positions within the unit, within 5 working days from the date of their appearance, so that the respective employees can access permanent positions on equal terms with the other employees. Information on vacancies shall be communicated to employees and their representatives at the enterprise level by means of:

a) an advertisement sent by e-mail or other means of communication that can be accessed by any employee; and/or

b) a public announcement posted on the company's web page, if applicable; and/or

c) a public notice posted on a publicly accessible information board at the place of business, including all its branches or representative offices.

(1) The individual employment contract shall be concluded on the basis of negotiations between the employee and the employer. The conclusion of the individual employment contract may be preceded by specific circumstances (competitive examination, election to a post, etc.).

(2) The employee has the right to conclude individual employment contracts with other employers at the same time (cumulative employment), unless prohibited by the legislation in force.

(3) The individual employment contract shall be signed by the parties:

a) either by handwritten signature - in two copies, one copy of which shall be handed to the employee and the other shall be kept by the employer;

b) or by qualified advanced electronic signature - if the parties to the individual employment contract have agreed to conclude it by exchange of electronic documents.

(1) At the conclusion of the individual employment contract, the person who commits himself shall present to the employer the following documents:

a) identity card or other identity document;

b) (repealed)

c) (repealed)

d) the diploma of studies, the qualification certificate confirming the special training - for the professions that require knowledge or special qualities;

e) the medical certificate, in the cases provided by the legislation in force;

f) the declaration on his own responsibility regarding the fact that, during the activity at the previous jobs, he did not violate the provisions of art. 6 para. (2) of Law no. 325 of December 23, 2013 on the assessment of institutional integrity, except for cases when the person is employed for the first time.

(2) It is forbidden for employers to request from the persons who are hired other documents than those provided in paragraph (1), as well as other legislative acts.

(1) The individual employment contract shall be concluded in written form. The individual employment contract concluded before the date of entry into force of this Code may be concluded in written form only with the agreement of the parties. The employer's proposal to conclude the individual employment contract in written form shall be notified to the employee by the employer's order (disposition, decision, resolution), under signature or by another means that allows confirmation of receipt/notification. The employee's proposal to conclude the individual employment contract in written form shall be notified to the employer by submitting and registering his written request. The reasoned refusal of one of the parties to conclude the individual employment contract in written form shall be communicated to the other party by its written reply within 5 working days.

(2) The individual employment contract shall take effect from the day of signing, unless the contract provides otherwise.

(3) If the individual employment contract has not been concluded in written form, it shall be deemed to be concluded for an indefinite period and shall take effect from the day on which the employee is admitted to work by the employer or by another responsible person in the establishment who is authorized to employ staff. If the employee proves that he has been admitted to work, the individual employment contract in written form shall be drawn up by the employer at a later date.

(4) In the case of employment without the appropriate written form, the employer shall also be obliged, on the basis of the labour inspector's inspection report, to draw up the individual employment contract in accordance with the provisions of this Code.

(Excluded)

(1) In order to verify the professional skills of the employee, at the conclusion of the individual employment contract, he may be assigned a trial period of no more than 6 months. In the case of hiring unskilled workers, the trial period is established as an exception and cannot exceed 30 calendar days.

(2) The probationary period does not include the period of the employee being on medical leave and other periods in which he was absent from work for valid reasons, documented.

(3) The clause regarding the trial period must be stipulated in the individual employment contract. In the absence of such a clause, it is considered that the employee was hired without a trial period.

(4) During the trial period, the employee benefits from all the rights and fulfills the obligations stipulated by the labor legislation, the internal regulations of the unit, the collective and the individual labor contract.

(5) Only one trial period can be established during the individual employment contract.

Employees employed on the basis of an individual fixed-term employment contract may be subjected to a probationary period which shall not exceed:

a) 15 calendar days for a duration of the individual employment contract between 3 and 6 months;

b) 30 calendar days for a duration of the individual employment contract longer than 6 months.

The probationary period shall not apply to the conclusion of an individual employment contract with:

a) (repealed)

b) persons under 18 years of age;

c) persons employed by competitive examination under special laws unless otherwise provided for;

d) persons who have been transferred from one establishment to another;

e) pregnant women;

f) (repealed)

g) persons elected to elective office;

h) persons employed under an individual contract of employment of up to 3 months;

i) (excluded)

(1) If, during the probationary period, the individual employment contract has not been terminated on the grounds provided for in this Code, the action of the contract shall continue and its subsequent termination shall take place on a general basis.

(2) If the result of the probationary period is unsatisfactory, this is stated in the order (disposition, decision, resolution) regarding the dismissal of the employee, which is issued by the employer until the expiration of the probationary period, without payment of the indemnity. dismissal. The employer is not obliged to give reasons for the decision on the unsatisfactory result of the probationary period. The employee has the right to challenge the dismissal in court.

(Repealed)

(1) On the basis of the individual employment contract negotiated and signed by the parties, the employer may issue an order (disposition, decision, resolution) of employment.

(2) If the employer has issued an employment order (disposition, decision, resolution), it shall be notified to the employee, under signature or by another means allowing confirmation of receipt/notice, within 3 working days from the date of signing of the individual employment contract by the parties. At the employee's written request, the employer is obliged to provide him/her with a copy of the order (disposition, decision, resolution), certified in the prescribed manner, within 3 working days.

(Repealed)

The employer is obliged to issue free of charge to the employee within 3 working days, at his written request, a certificate regarding the work within the respective unit, indicating the specialty, qualification, position, duration of work and the amount of salary.

1) The individual employment contract may be amended by an additional agreement signed by the parties, including the use of a qualified advanced electronic signature. The supplementary agreement shall form an integral part of the individual employment contract.

(2) An amendment to the individual employment contract shall be deemed to be any amendment or addition which concerns at least one of the clauses referred to in Article 49 para. (1).

(3) (Repealed)

(1) By derogation from the provisions of art. 68 para. (1), the employee's job may be temporarily changed by the employer, without making changes in the individual employment contract, in case of travel or secondment according to art. 70 and 71.

(2) During the trip in the interest of service or secondment to another job, the employee maintains his position, the average salary and other rights provided by the collective and individual employment contract.

Sending the employee away in the interest of the service may be ordered for a period of no more than 60 calendar days, in the manner and under the conditions provided in art. 174-176. This period may be extended for a period of up to one calendar year only with the written consent of the employee.

(1) The secondment may be ordered only with the written consent of the employee for a period not exceeding one year and shall be carried out on the basis of a separate individual employment contract for a determined duration.

(2) If necessary, the period of secondment may be extended, by agreement of the parties, by a maximum of one more year.

(3) For some categories of employees (art. 302), the secondment may be ordered for a longer period than the one indicated in paragraph (1).

(4) The seconded employee has the right to the compensation of the transport and accommodation expenses, as well as to a special indemnity in accordance with the legislation in force, with the collective contract and / or with the individual labor contract.

(5) The specifics of the work may be modified by secondment, but only with the written consent of the employee.

(1) The remuneration, in case of secondment, will be performed by the unit where the employee will work. If it is unable to pay, the obligation to remunerate the work performed rests with the unit that ordered the secondment with the right to recourse action against the unit in which the employee was posted.

(2) If, at the new job, the salary conditions or the rest time differ from those from which the employee benefited at the unit that ordered the secondment, the more favorable conditions will be applied to the employee.

(1) In case of a situation provided by art.104 paragraph (2) letters a) and b), the employer may temporarily change, for a period of maximum one month, the place and specifics of the employee's work without his consent and without operation of the respective changes in the individual employment contract.

(2) In case of impossibility for the employee to perform work at the workplace organized by the employer and in order to protect the safety and health of the employee during exceptional situations related to the declaration of a state of emergency, siege and war or the declaration of a state of emergency in public health, the employer, depending on the specifics of the employee's work, may order, by reasoned order (disposition, decision, resolution), the temporary change of the employee's job with work at home or remotely, without making such changes in the contract individual work. The order (disposition, decision, resolution) is communicated to the employee in due time, including by electronic means.

1) The transfer of an employee to another permanent job within the same establishment, with modification of the individual employment contract in accordance with Article 68, as well as employment by transfer to a permanent job in another establishment or transfer to another locality together with the establishment, shall be permitted only with the written agreement of the parties.

(2) An employee who, according to the medical document (certificate/certificate/document etc.) issued by the competent medical authority (institution), requires lighter work shall be transferred, with his written consent, to another work which is not contraindicated. If the employee refuses this transfer, the individual employment contract shall be terminated in accordance with the provisions of Article 86 (1) (x). If a suitable job is not available, the individual employment contract shall be terminated in accordance with Article 86 (1) (d).

(2.1) With the written agreement of the parties, on the basis of the order issued by the employer, the employee may be temporarily transferred to another job within the same establishment for a period of up to one month, with the possibility of extending this period up to one year.

(2.2) In case of transfer under the conditions of para. (2.1), the employer shall retain the employee's position held until the transfer.

(3) In case of transfer under the conditions of paragraph (1), (2) and (2.1), the parties shall make the necessary changes in the individual employment contract in accordance with Article 68, based on the order (disposition, decision, resolution) issued by the employer which shall be notified to the employee, under signature or by other means allowing confirmation of receipt/notification, within 3 working days.

(4) (Repealed)

(1) Suspension of the individual employment contract may occur in circumstances beyond the control of the parties, by agreement of the parties or at the initiative of one of the parties.

(2) Suspension of the individual employment contract means suspension of the employee's work and of the payment of wages (salary, bonuses, other payments) by the employer.

(3) Throughout the period of suspension of the individual employment contract, the rights and obligations of the parties, other than those provided for in paragraph (2), shall continue to exist unless otherwise provided by the regulations in force, collective agreements, collective contract and individual employment contract.

(4) The suspension of the individual employment contract and the resumption of the employment activity, except for the cases provided in art. 76 lit. a), b) and c) and art. 78 para. (1) lit. d.1) and e), is made by order (disposition, decision, resolution) of the employer, which is brought to the employee's notice, under signature or in another way that allows confirmation of receipt / notification, at the latest on the date of suspension of the individual employment contract or resumption of work.

The individual employment contract is suspended in circumstances that do not depend on the will of the parties in case of:

a) maternity leave;

b) illness or trauma;

c) (Excluded)

d) establishment of quarantine, based on the sick leave certificate issued to the employee in accordance with the legislation;

e) incorporation into the military service in term, in the military service with reduced term or in the civil service;

f) force majeure, confirmed in the established manner, which does not require the termination of employment;

g) sending to the court the criminal file regarding the commission by the employee of a crime incompatible with the work performed, until the finality of the court decision;

h) omission, due to the employee's fault, of the term for passing the medical control;

i) detection, according to the medical document (certificate/document/act, etc.) issued by the competent medical authority (institution), of contraindications which do not allow the performance of the work specified in the individual employment contract;

j) request of the control or law enforcement bodies, according to the legislation in force;

k) presentation at work in a state of alcohol intoxication, in a state caused by narcotic or toxic substances, ascertained by the certificate issued by the competent medical institution or by the act of the commission composed of an equal number of representatives of the employer and employees;

l) on strike, declared according to this code;

m) establishing for a determined term the degree of disability as a result of a work accident or an occupational disease; as well as

n) in other cases provided by the legislation in force.

The individual employment contract is suspended by agreement of the parties, expressed in writing, in case of:

a) granting unpaid leave for a period longer than one month;

b) following a professional training or internship course with decommissioning for a period longer than 60 calendar days;

c) technical unemployment;

d) care of the sick child up to 10 years old;

e) (repealed)

e.1) detachment;

f) in other cases provided by the legislation in force.

(1) The individual employment contract is suspended at the initiative of the employee in case of:

a) leave for the care of the child up to 4 years old;

b) leave for the care of a sick family member lasting up to two years, according to the medical certificate;

b.1) leave for the care of the child with disabilities lasting up to 2 years;

c) following a professional training course outside the unit, according to art. 214 paragraph (3);

d) holding an elective position in public authorities, trade union bodies or employers;

d.1) non-payment or partial payment, at least 2 consecutive months, of the salary or other obligatory payments;

e) unsatisfactory working conditions from the point of view of labor protection; as well as

f) for other reasons provided by law.

(2) The individual employment contract may be suspended at the initiative of the employer:

a) during the service investigation, carried out under the conditions of this code;

b) (excluded)

c) in other cases provided by law.

(3) In the cases provided in par. (l) lit. d1) and e), the employee is obliged to communicate in writing to the employer the date of suspension of the individual employment contract.

(4) The employer is not entitled to hire other employees to replace those whose individual employment contracts have been suspended on the grounds provided in par. (l) lit. d1) and e).

(5) In the cases of suspension of the individual employment contract on the grounds provided in par. (l) lit. d1) and e), the employee is obliged to resume his work activity within 3 working days from the moment:

a) removing the danger for life or health;

b) payment of the salary, other obligatory payments or information about the transfer of these payments on the bank card.

(1) In the event of the suspension, in exceptional circumstances, of the educational process with a physical presence in educational institutions, once the competent authorities have ordered special measures to ensure the safety, protection of life and health of the population, with the consent of the employer, days off are granted to one of the parents or the guardian for the supervision of the children throughout the suspension of the educational process in the regime of physical presence, with the payment of an indemnity equal to at least 50% of the basic salary of the employee.

(2) The provisions of par. (1) shall apply:

a) parents or guardians of children up to 12 years of age enrolled in an educational unit;

b) parents or guardians of children with disabilities enrolled in an educational unit.

(3) The days off are granted at the written request of one of the parents or the guardian, to which is attached a declaration on their own responsibility, signed by both parents, except for single-parent families, or by the guardian who will supervise the child during the mentioned period. . .

(4) In the case of families with more than one child, who meet the stability requirements in this Article, only one of the parents shall have days off.

(5) If, as a result of checks, it is found that both parents have been on leave at the same time, the subsequent leave of a higher allowance granted under this Article shall be revoked.

(6) The allowance provided for in this Article shall be paid by the employer. In some cases, the allowance can be paid in full or in part from the state budget, in the manner established by the Government.

Disputes related to the suspension of the individual employment contract are resolved in the manner established in art. 354-356.

(1) The technical unemployment represents the temporary impossibility of the continuation of the activity by the employer, unit or by an internal subdivision of it:

a) for objective economic reasons;

b) following the declaration of a state of emergency, siege and war;

c) as a result of the restrictions imposed in the state of emergency in public health.

(2) The duration of the technical unemployment instituted pursuant to par. (1) lit. a) may not exceed 4 months during a calendar year.

(3) During the technical unemployment, the employees will be at the disposal of the employer, who will always have the possibility to order the resumption of the activity.

(4) During the period of technical unemployment, the employees benefit monthly from an indemnity that cannot be less than 50 percent of their basic salary, except for the cases of suspension of the individual employment contract according to art. 77 letter c).

(4.1) In the case of the establishment of technical unemployment pursuant to par. (1) lit. b) and c), the allowance may be paid in full or in part from the state budget, in the manner established by the Government.

(4.2) If the technical unemployment benefit is paid from the state budget, the jobs occupied by the persons for whom these benefits have been paid may not be reduced for a period at least equal to the period of the technical unemployment for which they were paid. they paid these indemnities, except in cases of insolvency.

(5) The manner in which the employees will execute the obligation to be available to the employer, as well as the concrete amount of the indemnity that the employees benefit from during the technical unemployment, are established by the order (disposition, decision, decision) of the employer. labor and collective agreements.

1. Stationing means the temporary impossibility of the production activity being continued by the unit, by an internal subdivision (subdivisions) thereof, by an employee or a group of employees and may be caused by:

a) for reasons that do not depend on the employer or employee;

b) through the fault of the employer;

c) through the fault of the employee.

(2) The remuneration of the standing time produced by causes that do not depend on the employer or employee, except for the period of technical unemployment (art. 80), is made in the amount of at least 2/3 of the basic salary per unit of time established to the employee, but not less than the amount of a minimum wage per unit of time, established by the legislation in force, for each hour of parking.

(3) In case of parking caused by the employer's fault, except for the period of technical unemployment (art. 80), the employer is obliged to compensate the employee for the salary he did not receive.

(4) The employee due to the parking has not been remunerated for the parking hours.

(5) The manner of registration of parking and the concrete amount of remuneration shall be established, as the case may be, in the collective and / or individual employment contract or in the internal regulations of the unit.

(1) The individual employment contract may be terminated:

a) in circumstances beyond the control of the parties (Articles 82, 305 and 310);

a.1) by written agreement of the parties (art. 82.1);

b) at the initiative of one of the parties (Articles 85 and 86).

(2) In all the cases referred to in paragraph (1), the day of termination of the individual employment contract shall be considered the last day of work.

(3) The individual employment contract shall be terminated on the basis of the employer's order (provision, decision, solution), which shall be notified to the employee, under signature or by another means allowing confirmation of receipt/notification, at the latest on the day of release from work, unless the employee does not work until the day of release from work (unjustified absence from work, deprivation of liberty, etc.). The employer's order (provision, decision, solution) on the termination of the individual employment contract must contain a reference to the corresponding article, paragraph, point and letter of the law.

The individual employment contract terminates in circumstances that do not depend on the will of the parties in case of:

a) death of the employee, declaration of his death or disappearance without trace by a decision of the court;

b) death of the natural person employer, declaration of his death or disappearance without trace by a decision of the court;

c) finding of the nullity of the contract by decision of the court - from the date of finality of the respective decision, except for the cases provided in art. 84 paragraph (3);

d) withdrawal, by the competent authorities, of the authorization (license) of activity of the unit - from the date of its withdrawal;

d.1) withdrawal, by the competent authorities, of the authorization (license), the permit, which grants the employee the right to work in a certain profession, trade or to perform a certain work - from the date of withdrawal of the respective act;

e) application of the criminal punishment to the employee, by decision of the court, which excludes the possibility to continue working at the unit - from the date of finality of the court decision;

f) expiration of the term of the individual fixed-term employment contract - from the date provided in the contract, unless the employment relationship continues in fact and neither party has requested their termination, as well as the case provided in art. 83 para. (3);

g) completion of the work provided by the individual employment contract concluded for the period of fulfillment of a certain work;

h) end of the season, in case of the individual employment contract for the fulfillment of the seasonal works;

i) reaching the age of 65 by the head of the state unit, including municipal, or of the unit with majority state capital;

j) force majeure, confirmed in the established manner, which excludes the possibility of continuing employment relationships;

j.1) re-establishment at the workplace, according to the decision of the court, of the person who previously performed the respective work, if the transfer of the employee to another work according to the present code is not possible;

k) other grounds provided in art. 305 and 310.

Note.

Persons released from service pursuant to letter i) may be employed for a determined period according to art. 55 lit. f), in any position, other than that of head of state unit, including municipal, or of unit with majority state capital.

The individual employment contract may be terminated at any time by written agreement of the parties.

(1) (Repealed)

(2) (Repealed)

(3) The individual fixed-term employment contract concluded for the period of fulfilling the employment obligations of the employee whose individual employment contract is suspended or who is on the respective leave (art. 55 letter a)) ends on the day of return of this employee to thing.

(4) If, at the expiration of the term of the individual fixed-term employment contract, neither of the parties has requested its termination and the employment relationships continue in fact, the contract shall be considered extended for an indefinite period.

(5) The individual fixed-term employment contract may be terminated prematurely in the cases provided in art. 82, 82.1, 85 and 86.

(1) Failure to comply with any of the conditions laid down in this Code shall render an individual employment contract null and void.

(2) A declaration of invalidity of the individual employment contract shall have effects for the future.

(3) The invalidity of an individual employment contract may be remedied by the fulfilment of the relevant conditions laid down in this Code.

(4) Where one of the conditions of an individual employment contract becomes invalid due to the establishment of rights for the employee below the level prescribed by law, collective agreements or collective bargaining agreements, this condition is automatically replaced by the minimum relevant condition prescribed by law, agreement or contract.

(5) The invalidity of an individual employment contract shall be determined by a court decision.

(6) An employee who has worked under an individual employment contract declared null and void shall be entitled to remuneration for the work performed.

(1) The employee has the right to resign - termination of the individual employment contract, except for the provision of paragraph (4.1), on his own initiative, notifying the employer, by written request, 14 calendar days in advance. The expiry of the said period shall begin on the day immediately following the day on which the application was registered.

(2) In case of resignation of the employee in connection with retirement, with the establishment of the degree of disability, with the leave for childcare, with the enrollment in an educational institution, with the transfer to another locality, with the care of the child until the age of 14 years or the child with disabilities, with the election in an elective position, with the employment by competition in another unit, with the violation by the employer of the individual and / or collective employment contract, of the labor legislation in force, the employer is obliged to accepts the resignation within the short term indicated in the submitted and registered application, to which the respective document confirming this right is attached.

(3)After the expiration of the terms indicated in paragraphs (1), (2) and (4.1), the employee has the right to stop working, and the employer is obliged to make full payment of the salary rights due to the employee within the terms provided for in art. 143 and to release the documents related to his activity in the unit.

(3.1) The individual employment contract may be terminated, with the written agreement of the parties, before the expiration of the terms indicated in paragraphs (1), (2) and (4.1).

(4) For 7 calendar days from the date of submission of the resignation request, the employee has the right to withdraw his application or to submit a new application, by which to cancel the first one. In this case, the employer is entitled to release the employee only if, until the withdrawal (cancellation) of the submitted application, an individual employment contract has been concluded with another employee under the conditions of this code.

(4.1) The head of the unit (branch or representative office), his deputies and the chief accountant are entitled to resign, notifying the employer, by written request, one month in advance.

(5) If, after the expiration of the terms indicated in paragraphs (1), (2) and (4.1), the employee has not in fact been dismissed and he continues his work activity without reaffirming in writing his desire to terminates the individual employment contract, its release is not allowed.

(1) Dismissal - termination on the employer's initiative of an individual employment contract concluded for an indefinite term and a fixed-term individual employment contract - shall be allowed on the following grounds

a) unsatisfactory outcome of the employee's probationary period (Article 63 (2));

b) Liquidation of the enterprise or termination of the activity of the individual employer

c) a reduction in the number of employees or in the staff of the enterprise

d) a finding of inadequacy of the employee for the position held or work performed due to his/her health condition in accordance with a medical document (certificate/document etc.) issued by a competent medical authority (institution)

f) a repeated unsatisfactory achievement of the indicators of individual achievements during the year. The dismissal may only take place following a prior evaluation of the employee in accordance with the evaluation procedure specified in the collective agreement, the applicable collective bargaining agreement or, in their absence, in accordance with the enterprise's internal regulations, in compliance with the general provisions laid down in this Act, provided that the employer has instructed the employee and has issued a written warning and given the employee a reasonable period for correction

f) a change of the employer's owner (in the case of the head of an enterprise, his deputies and the chief accountant);

g) repeated violation of work duties during one year, if the employee has been previously disciplined

h) absence from work without a valid excuse for four consecutive hours (not including a meal break) during the working day;

i) Being at work under the influence of alcohol, drugs or other substances as defined under article 76 (k);

j) Commission of an offence or offence against the property of the undertaking, established by a court decision or by an act of the authority competent to impose penalties for offences;

k) commission of an offence by an employee who directly services funds or material assets or who has access to the employer's information systems (information collection and management systems) or to systems operated by the employer, if those actions might cause the employer to lose confidence in that employee

k.1) Violation of the duty stipulated in section 7(2)(a) of the Institutional Integrity Assessment Act No 325 of 23 December 2013;

l) repeated gross violation, within one year, of the statutes of an educational institution by an educational employee (Article 301);

m) Commitment of immoral misconduct incompatible with the position held by the employee performing educational functions;

n) Use of physical or mental violence (including on one occasion) by a teaching staff member against pupils (art. 301)

o) The signature by the head of an enterprise (branch or subdivision), his deputies or chief accountant of an unjustified legal act causing material damage to the enterprise

p) A gross violation, even a single one, of his or her employment duties

r) the submission of false documents by an employee to the employer when entering into an individual employment contract (paragraph (1) of Article 57, duly verified

s) with regard to part-time employees - conclusion of an individual employment contract with another person for whom this occupation, profession or position is the main one (art. 273);

t) (repealed)

u) transfer of an employee to another enterprise with the employee's consent and with the consent of both employers

v) the employee's refusal to continue working due to a change of ownership or reorganisation of the enterprise, or due to the transfer of the enterprise to another authority;

x) Refusal by an employee to be transferred to another job for health reasons on the basis of a medical certificate (Article 74 (2))

y) the employee's refusal to be transferred to another locality due to transfer to that locality by the enterprise (art. 74, para. (1)); as well as

y.1) the employee's status as an old-age pensioner

z) on other grounds stipulated by this Code and other laws.

Note. Persons dismissed under paragraph (y.1) may be employed for a fixed term in accordance with Article 55(f).

(2) An employee may not be dismissed while on sick leave, annual leave, study leave, maternity leave, paternity leave, partial paid leave for the care of a child up to the age of 3, additional unpaid leave for the care of a child between the ages of 3 and 4, leave for the care of a sick family member, leave for the care of a disabled child, during the period of fulfilment of state or public service obligations and during secondment, except in the event of the liquidation of the establishment.

(1) When dismissing employees who are members of a trade union, the employer shall request in advance the advisory opinion of the trade union body in the unit, by notifying that body.

(2) When dismissing the persons elected in the trade union bodies and not released from the basic job, the employer requests in advance the consultative opinion of the trade union body whose members are the persons concerned, by a notification in which he argues his intention.

(3) When dismissing the leaders of the primary trade union organization (trade union organizers) not released from the basic job, the employer requests in advance the consultative opinion of the hierarchically superior trade union body, by a notification in which he argues his intention.

(4) The trade union bodies indicated in par. (1) - (3) shall present its opinion within 10 working days from the date of receipt of the notification.

1) The employer is entitled to dismiss employees from the establishment in connection with its liquidation or in connection with a reduction in the number or status of staff (Article 86 (1) (b) and (c)) only on condition that:

a) it shall issue an order (provision, decision, ruling), legally or economically motivated, concerning the liquidation of the establishment or the reduction of the number or the staff;

b) issues an order (provision, decision, decision) concerning the notice, under signature or by another means allowing confirmation of receipt/notification of each employee concerned, of the employees 2 months before the liquidation of the establishment or the reduction in the number or the staffing levels. In the event of a reduction in numbers or staffing levels, only those whose jobs are to be reduced will be notified;

c) once notice of the reduction in the number or status of staff has been given, offer in writing to the employee on notice another job (position) in the establishment concerned (provided that such a job (position) exists in the establishment and the employee on notice meets the necessary requirements to fill it);

d) shall, in the first instance, reduce the vacancies;

e) will terminate the individual employment contract in the first instance with employees employed on a cumulative basis;

f) grant the employee to be dismissed one working day per week with the maintenance of the average wage to look for another job;

g) will submit, in the prescribed manner, 2 months before the dismissal, the information on the persons to be dismissed to the employment agency;

h) shall apply to the trade union body (organiser) for an advisory opinion on the dismissal of the employee concerned;

i) (repealed)

(2) If, after the expiry of the 2-month notice period, the order (order, decision, decision) to dismiss the employee has not been issued, this procedure may not be repeated within the same calendar year. The period of notice does not include the period during which the employee is on annual leave, study leave or sick leave.   

(3) The reduced job may not be reinstated in the states of the establishment during the calendar year in which the dismissal of the employee who occupied it took place.

(4) In case of liquidation of the establishment, the employer shall be obliged to comply with the dismissal procedure provided for in paragraph (1) (a), (b), (f), (g) and (i).

(1) The employer is entitled to dismiss the employees in connection with the transfer to another unit (art. 86 par. (1) letter u)) only on condition that:

a) will receive a written request from another employer requesting the dismissal by transfer of a certain employee, indicating the job (position) proposed to him at the new unit;

b) (repealed)

c) will obtain the written consent of the employee for dismissal;

d) will pay to the dismissed employee, on the day of dismissal, all the amounts due to him from the unit (salary, compensation for unused leave, etc.).

(2) The employee, until the written expression of the dismissal agreement, may request from the new employer the employment offer, which will include all the clauses of the future individual employment contract.

(3) The employment offer is presented to the employee in written form and is irrevocable within the term provided by it.

(4) The refusal to hire the dismissed employee in connection with the transfer to another unit, as a result of his and both employers' agreement, is prohibited.

(1) An employee wrongfully transferred to another job or wrongfully dismissed from work may be reinstated by direct negotiations with the employer, and in case of dispute - by court decision.

(2) When examining the individual labour dispute by the court, the employer shall be obliged to prove the legality and indicate the grounds for the employee's transfer or release from work. In case the employee who is a trade union member challenges the dismissal order, the court shall request the advisory opinion of the trade union body (organiser) on the dismissal of the employee concerned.

(3) Immediately after the court's decision on the employee's reinstatement, the employer is obliged to issue a reinstatement order, which he shall notify to the employee, under signature or by other means allowing confirmation of receipt/notice, within 3 working days from the date of issue.

(1) In case of reinstatement at work of the employee illegally transferred or dismissed, the employer is obliged to repair the damage caused to him.

(2) The reparation by the employer of the damage caused to the employee consists in:

a) compulsory payment of compensation for the entire period of enforced absence from work in an amount not exceeding 12 average monthly salaries of the employee in the event of transfer or unlawful dismissal;

b) compensation of additional expenses related to contesting the transfer or dismissal from the service (consultation of specialists, court costs, etc.);

c) compensation of the moral damage caused to the employee.

(3) The amount of reparation of the moral damage shall be determined by the court, taking into account the appreciation given to the actions of the employer, but may not be less than an average monthly salary of the employee.

(4) Instead of reinstating at work, the parties may conclude a conciliation transaction, and in case of litigation - the court may collect from the employer, with the consent of the employee, for his benefit, an additional compensation to the amounts indicated in para. (2) in the amount of at least 3 average monthly salaries of the employee.

In order to ensure the rights and freedoms of the individual and the citizen, in the process of processing the employee's personal data, the employer and his representatives are obliged to comply with the following requirements:

a) processing of the employee's personal data may be carried out exclusively for the purpose of fulfilling the provisions of the legislation in force, providing assistance in hiring, training and advancement in service, ensuring the employee's personal security, controlling the volume and quality of work performed and ensuring the integrity of the unit's property;

b) when determining the volume and content of the employee's personal data to be processed, the employer is obliged to be guided by the legislation in force;

c) all personal data shall be taken from the employee or from the source indicated by the employee;

d) the employer is not entitled to obtain and process data relating to the employee's political and religious beliefs and private life. In the cases provided for by law, the employer may request and process data on the employee's private life only with the employee's written consent;

e) the employer shall not be entitled to obtain and process data concerning the employee's membership of trade unions, public and religious associations, parties and other socio-political organisations, except in the cases provided for by law;

f) when taking a decision affecting the employee's interests, the employer shall not be entitled to rely on the employee's personal data obtained exclusively by automatic or electronic processing;

g) the protection of the employee's personal data against unlawful use or loss is ensured at the employer's expense;

h) employees and their representatives must be made familiar, under their signature or by another means allowing confirmation of receipt/notification, with the documents concerning the processing and storage of employees' personal data in the establishment and be informed of their rights and obligations in this area;

i) employees must not waive their rights regarding the storage and protection of personal data;

j) employers, employees and their representatives must jointly develop measures to protect employees' personal data.

When transmitting the personal data of the employee, the employer must comply with the following requirements:

a) not to communicate to third parties the personal data of the employee without his written consent, except in cases where this is necessary in order to prevent a danger to the life or health of the employee, as well as the cases provided by law;

b) not to communicate the personal data of the employee for commercial purposes without his written consent;

c) to warn the persons receiving the personal data of the employee about the fact that they can be used only for the purposes for which they were communicated and to ask the persons concerned to confirm in writing the observance of this rule. The persons who receive the personal data of the employee are obliged to respect the confidentiality regime, except for the cases provided by law;

d) to allow access to the personal data of the employee only to the persons empowered in this respect, who, in their turn, have the right to request only the personal data necessary for the exercise of concrete attributions;

e) not to request information regarding the employee's state of health, except for the data regarding the employee's capacity to fulfill his / her work obligations;

f) to transmit to the employees' representatives the personal data of the employee in the manner provided by this code and to limit this information only to those personal data that are necessary for the exercise by the respective representatives of their attributions.

In order to ensure the protection of his personal data that is kept by the employer, the employee has the right:

a) to receive full information about his personal data and how to process them;

b) to have free and unrestricted access to his personal data, including the right to copy any legal act containing his personal data, except in the cases provided by the legislation in force;

c) to appoint its representatives for the protection of its personal data;

d) to have access to the medical information concerning him, including through the medical worker, at his choice;

e) to request the exclusion or rectification of incorrect and / or incomplete personal data, as well as of data processed in violation of the requirements of this code. If the employer refuses to exclude or rectify incorrect personal data, the employee has the right to notify the employer in writing of his reasoned disagreement;

f) to attack in court any illegal actions or inactions of the employer admitted to obtaining, storing, processing and protecting the personal data of the employee.

Persons guilty of violating the rules on obtaining, storing, processing and protecting the employee's personal data are liable according to the legislation in force.

Normal working time

(1) The working time represents the time that the employee, in accordance with the internal regulation of the unit, with the individual and the collective labor contract, uses for the fulfillment of the work obligations.

(2) The normal working time of the employees in the units may not exceed 40 hours per week.

(3) In exceptional circumstances relating to the declaration of a state of emergency, siege and war or the declaration of a state of emergency in public health, the authorities responsible for the management of that condition may provide for certain categories of working time for certain categories of employees.

(1) For certain categories of employees, depending on age, health status, working conditions and other circumstances, in accordance with the legislation in force and the individual employment contract, the reduced duration of working time shall be established.

(2) The reduced weekly working time is:

a) 24 hours for employees aged 15 to 16;

b) 35 hours for employees aged 16 to 18;

c) 35 hours for employees who work in harmful working conditions, according to the nomenclature approved by the Government.

(3) For certain categories of employees whose work involves an increased intellectual and psycho-emotional effort, the duration of working time shall be established by the Government and may not exceed 35 hours per week.

(4) For persons with severe and accentuated disabilities (if they do not benefit from greater facilities) a reduced duration of working time of 30 hours per week is established, without diminishing the salary rights and other rights provided by the legislation in force.

(1) The employer may hire employees with the day or week of part-time work (part-time), the concrete duration of part-time work being recorded in the individual employment contract, in accordance with the provisions of art. 49 para. (1) lit. it).

(2) Part-time work may also be determined after the conclusion of the individual employment contract, with the agreement of both parties. At the request of the pregnant woman, the employee who has children up to 10 years of age or children with disabilities (including those under her care) or the employee who cares for a sick family member, according to the medical certificate, the employer is obliged to set the day or week of part-time work.

(3) Part-time work is remunerated in proportion to the time worked or according to the volume of work performed.

(1) Less favorable treatment of part-time employees in respect of full-time employees performing equivalent work in the same unit shall not be allowed if such treatment is based exclusively on daily or weekly working time and does not have an objective justification.

(2) In the context of par. (1), the activity in the conditions of part-time work does not imply the limitation of the employee's rights regarding the calculation of seniority, contribution period (except for the law), regarding the duration of annual leave or limitation of other employment rights.

(3) The employer:

a) take measures to facilitate access to part-time work at all levels of the unit, including skilled and managerial positions;

b) ensure, in accordance with the provisions of Title VIII, the access of part-time employees to vocational training which increases their professional opportunities and professional mobility;

c) will take into account the requests of employees to transfer from full-time to part-time work and vice versa or to increase their working time, if such an opportunity arises.

(4) In order to facilitate the transfers provided in par. (3), the employer will inform the employees about the full-time and part-time vacancies that appeared within the unit, within 5 working days from the date of their appearance. Information on vacancies will be made known to employees and their representatives at unit level through a public announcement placed on an information panel with general access to the unit's headquarters (including each of its subsidiaries or representative offices), as well as on its website. , as the case.

(1) The employer may establish the reduced activity regime, with the distribution of working time during the week, at unit level, for at least 25% of the number of employees within the unit:

a) unilaterally, in case of a state of emergency, siege and war or in case of a state of emergency in public health;

b) with the written consent of the employees concerned, in case of unfavorable economic situation, difficulties in supplying raw materials or energy, exceptional weather, transformation, restructuring or modernization of the enterprise or in other exceptional circumstances, in the manner established by the Government .

(2) The reduced activity regime may be established for a period of up to 3 consecutive months, but not more than 5 months per year.

(3) In case of application of the provisions of par. (1) lit. b), the employer is obliged to request the consultative opinion of the employees' representatives regarding the establishment of the reduced activity regime at least 5 working days before submitting the application for granting the aid for the employees with reduced activity regime.

(4) The duration of the working time provided in the individual employment contract of the employee may be reduced, under the conditions of this article, by a maximum of 50%, the work of the employee being remunerated in proportion to the time worked.

(5) Employees who, in accordance with the provisions of this article, have been established a reduced activity regime, benefit from an aid in the manner established by the Government.

(6) During the period of reduced working hours established under the conditions of this Article, the employment of employees for the performance of work similar to that performed by employees whose working hours have been reduced shall be prohibited.

(7) The employer shall establish the reduced activity regime following the adoption of the decision to grant aid to employees whose working time has been reduced.

(8) The provisions of this Article shall not apply to the following categories of employers:

a) institutions financed from the budget;

b) employers who have suspended activity, are in the process of insolvency or liquidation;

c) to the employers who, at the date of submitting the application for granting the aid for the employees with reduced activity regime, have arrears to the national public budget that exceed the amount established by the Government.

(9) The provisions of this Article shall not apply to employees who:

a) performs work by cumulation within the same unit or at another unit;

b) have not completed a contribution period in the public state social insurance system of at least 6 months in the last 24 calendar months preceding the date of registration of the application for granting aid for employees with reduced activity;

c) are part-time employees.

(10) It is not allowed to request the reduced activity regime if, at unit level, a strike is declared. "

(Not in force yet!)

(1) The distribution of working time during the week is, as a rule, uniform and constitutes 8 hours a day, for 5 days, with two days of rest.

(2) At the units where, taking into account the specifics of the work, the introduction of the 5-day working week is irrational, it is allowed, as an exception, the establishment, through the collective labor contract and / or the internal regulation, of the 6-day working week. days with a day off.

(3) The distribution of working time may also be made within a compressed working week of 4 days or 4 and a half days, provided that the weekly working time does not exceed the maximum legal duration provided in art. 95 para. ( 2). The employer who introduces the compressed working week has the obligation to comply with the special provisions regarding the length of daily working time of women and young people.

(4) The type of working week, the work regime - the duration of the work schedule (shift), the start and end time of work, interruptions, alternation of working and non-working days - are established by the internal regulations of the unit and by the collective agreement and / or individual employment contracts.

(1) The overall record of working time may be entered in the units, provided that the duration of the working time does not exceed the number of working hours established by this code. In these cases, the record period must not exceed one year, and the daily duration of working time (shift) may not exceed 12 hours.

(2) The application of the global record of working time shall be established by the internal regulations of the unit and by the collective labor contract, taking into account the restrictions provided for some professions by collective agreements at national and branch level, by the legislation in force. and international acts to which the Republic of Moldova is a party.

(1) The normal daily working time is 8 hours.

(2) For employees up to 16 years of age, the daily duration of working time may not exceed 5 hours.

(3) For employees aged 16 to 18 years and employees working in harmful working conditions, the daily duration of working time may not exceed 7 hours.

(4) For persons with disabilities, the daily duration of working time shall be established according to the medical certificate, within the limits of the normal daily duration of working time.

(5) The maximum daily working time may not exceed 10 hours within the limits of the normal working time of 40 hours per week.

(6) For certain types of activity, units or professions, a daily working time of 12 hours may be established by collective agreement, followed by a rest period of at least 24 hours.

(7) (Repealed)

(8) For works where the special character of the work requires it, the working day may be segmented, in the manner provided by law, provided that the total duration of working time is not longer than the normal daily working time.

(9) (Repealed)

(1) Flexible working arrangements shall be established by agreement between the employee and the employer, at the request of the employee or the employer, both at the time of employment and after the conclusion of the individual employment contract, for a fixed or indefinite period.

(2) Flexible working arrangements shall be laid down in the individual employment contract or in the supplementary agreement to the individual employment contract.

(3) Work under the flexible working arrangements shall not limit the rights and guarantees of the employee regarding the calculation of seniority, the duration of annual rest leave or other rights related to employment relations, provided for in this Code.

(4) An employee may request reasonable adjustment of working hours not more than once every 6 months, in writing, by a request which shall include the following information: the date of submission of the request, the requested flexible work formula and the date on which the change of working hours would start.

(5) Within 30 days of receipt of the request for reasonable adjustment of working hours, the employer shall provide a response with the justification for the decision.

(6) In considering the request for reasonable adjustment of working hours, the employer may take into account the following factors in determining whether or not it is possible to adjust the workplace to flexible working arrangements:

a) the costs involved;

b) the ability to reorganise work among existing staff;

c) the ability to recruit additional staff;

d) impact on quality;

e) impact on employee performance;

f) the effect on the ability to meet customer demand.

(7) In the case of an employee with a flexible working arrangement who is travelling on official business, the work schedule established at the unit to which he is delegated shall be extended to him.

(8) Flexible working arrangements shall apply without prejudice to the provisions of Article 100."

(1) Shift work, ie work in 2, 3 or 4 shifts, is applied in cases where the duration of the production process exceeds the allowed duration of the working day, as well as in order to use the machine more efficiently, increase the production volume or services.

(2) Under the conditions of shift work, each group of employees performs work within the established schedule.

(3) The shift work program is approved by the employer after consulting the employees' representatives, taking into account the specifics of the work.

(4) Work during two successive shifts is prohibited.

(5) The shift work schedule shall be made known to the employees at least 14 days before its implementation.

(6) The duration of the interruption of work between shifts may not be less than the double duration of the working time from the previous shift (including the lunch break).

(1) The duration of the working day (shift) on the eve of the non-working holiday is reduced by at least one hour for all employees, except for those who have been established, according to art.96, the reduced duration of working time or, according to art. .97, part-time work.

(2) If the working day on the eve of the non-working holiday is transferred to another day, the same reduced duration of the working day shall be kept.

(3) The reduced concrete duration of the working day on the eve of the non-working holiday provided in paragraph (1) shall be established in the collective labor contract, in the internal regulations of the unit or in the order (disposition, decision, decision) of the employer, issued with prior consultation of employees' representatives.

(4) For the units with continuous flow and for some works with uninterrupted work regime, which do not allow to reduce the duration of the working day (shift) on the eve of the non-working holiday, the working hours / hours that cannot be reduced are considered additional work. .

(1) The work performed between 22.00 and 6.00 is considered night work.

(2) The duration of night work (shift) is reduced by one hour.

(3) The duration of night work (shift) shall not be reduced to employees for whom the reduced duration of working time is established, as well as to employees specially employed for night work, unless the collective labor contract provides otherwise.

(3.1) Employees to be transferred to permanent night work before transfer are subject to a medical examination at the employer's expense.

(4) Any employee who, in a period of 6 months, performs at least 120 hours of night work shall be subjected to a medical examination at the expense of the employer.

(5) It is not allowed to attract to night work employees under the age of 18, pregnant women, women who have recently given birth and those who are breastfeeding, as well as persons whose night work is contraindicated according to medical certificate.

(6) Persons with severe and accentuated disabilities, one of the parents (guardian, curator) who have children up to 4 years old or children with disabilities, persons who combine childcare leave provided in art. 126 and 127 para. ( 2) with the work activity and the employees who take care of a sick family member based on the medical certificate can perform night work 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 night work.

(7) The employees to whom the night work is contraindicated according to the medical certificate are to be transferred to a day work for which they are qualified, in compliance with the provisions of art. 74.

(1) Overtime shall be regarded as work performed outside the normal working hours referred to in Articles 95(2), 96(2) to (4), 98(3) and 99(1). During a state of emergency, siege and war or a public health emergency, the authorities responsible for managing the state in question may order, for certain categories of employees, that additional work be performed in excess of the limits laid down in this Code, as well as the conditions under which it is performed.

(2) The employer may order additional work without the consent of the employee:

a) for the performance of work necessary for the defence of the country, for the prevention of a production breakdown or for the removal of the consequences of a production breakdown or a natural disaster;

b) to carry out works necessary to remove situations that could endanger the proper functioning of water and electricity supply, sewerage, postal, telecommunications and computer services, communication routes and public transport, fuel distribution facilities, medical and sanitary establishments.

(3) Additional work shall be performed by the employer with the written consent of the employee:

a) for the completion of work started which, due to an unforeseen setback related to the technical conditions of the production process, could not be completed during the normal duration of working time, and its interruption may cause damage or destruction of the employer's or owner's property, municipal or state property;

b) for carrying out temporary repair and restoration work on devices and installations, if their deficiencies could cause work to stop for an indefinite period of time and for several persons;

c) for the performance of work necessitated by the occurrence of circumstances which could cause damage to or destruction of the property of the establishment, including raw materials, materials or products;

d) for the continuation of work in the event of the non-appearance of the shift worker, if the work cannot be interrupted. In such cases, the employer is obliged to take urgent measures to replace the employee concerned.

(4) The engagement of additional work in cases other than those referred to in paragraphs (2) and (3) shall be permitted with the written consent of the employee and the employee representatives.

(5) At the employer's request, employees may work outside working hours up to 240 hours in a calendar year.

(5.1) The maximum working time of employees may not exceed 48 hours per week, including overtime. By way of exception, working time, including overtime, may be extended beyond 48 hours per week provided that the average working time, calculated over a reference period of 4 calendar months, does not exceed 48 hours per week.

(6) If the employer requests overtime work, the employer is obliged to provide employees with normal working conditions, including health and safety at work.

(7) The extra work shall be performed on the basis of the employer's reasoned order (provision, decision, decision), which shall be notified to the employees concerned under signature or by another means allowing confirmation of receipt/notification.

(8) The collective or individual employment contract may provide for the possibility of compensating overtime with paid time off, with the written agreement of the parties. In this case, the time off shall be granted within 30 days of the overtime work being performed.

1) It is not allowed to attract to additional work the employees up to 18 years old, the pregnant women, as well as the persons whose additional work is contraindicated according to the medical certificate.

(2) Persons with severe and accentuated disabilities, one of the parents (guardian, curator) who have children up to 4 years old or children with disabilities, persons who combine childcare leave provided by art. 126 and 127 para. ( 2) with the work activity and the employees who take care of a sick family member, based on the medical certificate, can perform additional work only with their written consent. At the same time, the employer is obliged to inform the mentioned employees in writing about their right to refuse additional work.

(3) The performance of additional work may not have the effect of increasing the daily working time beyond 12 hours.

The employer is obliged to keep, in the established manner, the record of the working time actually performed by each employee, including additional work, work performed on days off and non-working holidays.

(1) During the daily work schedule, the employee must be given a lunch break of at least 30 minutes.

(2) The duration of the meal break and the time of its granting shall be established in the internal regulations of the unit, in the collective labor contract or in the individual labor contract. Lunch breaks, with the exceptions provided for in the unit's rules of procedure, collective bargaining or individual employment, shall not be included in working time.

(3) At the units with continuous flow, the employer is obliged to provide the employees with conditions for eating during the service at the workplace.

(4) The duration of the daily rest, comprised between the end of the work schedule in one day and the beginning of the work schedule in the next day, may not be less than 11 consecutive hours.

(1) One of the parents (guardian) who has children up to 3 years old is granted, in addition to the lunch break, additional breaks for feeding the child.

(2) The additional breaks will have a frequency of at least once every 3 hours, each break having a duration of at least 30 minutes. For one of the parents (guardians) who has 2 or more children up to 3 years old, the duration of the break cannot be less than one hour.

(3) Breaks for feeding the child are included during working hours and are paid based on the average salary.

(4) If the employer provides special rooms for feeding children within the unit, they will meet the hygiene conditions corresponding to the sanitary norms in force.

(1) The weekly rest is granted for 2 consecutive days, usually on Saturday and Sunday.

(2) If a simultaneous rest for the entire staff of the unit on Saturdays and Sundays would harm the public interest or compromise the normal operation of the unit, the weekly rest may be granted on other days, established by the collective labor agreement or by the internal regulations of the unit, provided that one of the days off is Sunday.

(3) In the units where, due to the specifics of work, the weekly rest cannot be granted on Sunday, the employees will benefit from two days off during the week and from a salary increase established by the collective labor contract or the individual labor contract. .

(4) The duration of the uninterrupted weekly rest in any case must not be less than 42 hours, except for the cases when the working week is 6 days.

(1) Work on rest days is prohibited.

(2) By derogation from the provisions of paragraph (1), the attraction of employees to work on rest days is allowed in the manner and in the cases provided in art. 104 paragraphs (2) and (3).

(3) It is not allowed to attract pregnant women up to 18 years of age to work on rest days.

(4) Persons with severe and accentuated disabilities, one of the parents (guardian, curator) who have children up to 4 years old or children with disabilities persons who combine childcare leave provided in art. 126 and 127 para. (2 ) with the work activity and the employees who take care of a sick family member, based on the medical certificate, can perform the work on rest days 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 work on days off.

(1) In the Republic of Moldova, non-working holidays are:

a) January 1 - New Year;

b) January 7 and 8 - The birth of Jesus Christ (Christmas in the old style);

c) March 8 - International Women's Day;

d) the first and second day of Easter according to the church calendar;

e) Monday one week after Easter (Easter of the Blessed);

f) May 1 - International Day of Solidarity of Working People;

g) May 9 - Victory Day and the commemoration of the fallen heroes for the independence of the Fatherland;

g.1) May 9 - Europe Day;

h) August 27 - Independence Day;

i) August 31 - the celebration "Our Language";

i.1) December 25 - Birth of Jesus Christ (Christmas in a new style);

j) the day of the Feast of the church from the respective locality, declared in the manner established by the local council of the municipality, city, commune, village.

(1.1) To the employees remunerated in agreement or per unit of time (hour or day), for the non-working holidays listed in par. (1), if the non-working holidays do not coincide with the weekly rest days, they are paid the average salary.

If the non-working holidays coincide with the weekly rest days, the average salary for these days is not paid.

(2) On non-working holidays, works are allowed in the units whose stopping is not possible in connection with the technical and production conditions (continuous flow units), the works determined by the need to serve the population, as well as the urgent repair and loading works. -download.

(3) It is not allowed to attract pregnant women up to 18 years of age to work on non-working holidays.

(4) The persons with severe and accentuated disabilities, one of the parents (guardian, curator) who have children up to 4 years old or children with disabilities, the persons who combine the parental leave provided in art. 126 and 127 par. (2) with the work activity and the employees who take care of a sick family member, based on the medical certificate, can perform the work on non-working holidays 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 work on non-working holidays.

(5) In order to make the best use of rest days and non-working holidays by employees, the head of the unit, after consulting the employees' representatives, is entitled to transfer the rest (working) days to other days. For public authorities and institutions, the right to transfer the rest (working) days to other days, including by changing the daily working time, belongs to the Government. Employees who on the declared day of rest were not yet in employment with the unit in question, employees whose individual employment contracts were suspended on that date, as well as employees who on that day were on sick leave, in maternity leave, partly paid childcare leave up to the age of 3, additional unpaid childcare leave from 3 to 4 years old, annual leave, unpaid leave and study leave the obligation to appear at work on the declared working day.

(6) (Repealed)

(1) The right to paid annual leave is guaranteed for all employees.

(2) The right to annual rest leave may not be the subject of any assignment, waiver or limitation. Any agreement waiving, in whole or in part, this right is void.

(3) Every employee who works on the basis of an individual employment contract benefits from the right to annual rest leave.

(1) All employees are granted an annual paid rest leave, with a minimum duration of 28 calendar days, except for non-working holidays.

(2) For employees in some branches of the national economy (education, health care, public service, etc.), by organic law, another duration of annual leave may be established (calculated in calendar days).

(1) The working year for which annual leave is granted shall constitute 12 calendar months from the date of employment of the employee.

(2) The calculation of length of service that is included in one year of work is carried out according to art. 114.

(1) The seniority that gives the right to annual leave shall include:

a) the time when the employee actually worked;

b) the time when the employee did not actually work, but his job (position) and the average salary were fully or partially maintained;

c) the time of forced absence from work - in case of illegitimate dismissal from service or illegitimate transfer to another job and subsequent reinstatement at work;

d) the time when the employee did not actually work, but maintained his job (position) and received various payments from the state social insurance budget, except for the partially paid leave for childcare until the age of 3;

e) other periods of time provided by the collective agreements, by the collective or individual labor contract, by the internal regulation of the unit.

(2) Unless the collective agreements, the collective or the individual employment contract provide otherwise, in the length of service, which gives the right to annual leave, the following shall not be included:

a) the time of unjustified absence from work;

b) the period of being on leave for the care of the child up to the age of 4 years;

c) the period of unpaid leave with a duration of more than 14 calendar days;

d) the period of suspension of the individual employment contract, except for the cases provided in art. 76 letters a) -d) and in art. 77 letters b).

(1) The duration of annual leave in proportion to the time worked in a year of employment shall be calculated by multiplying the duration of leave for one month by the number of complete months worked in that year of employment.

(2) Decimals obtained in calculating the duration of annual leave in proportion to the time worked in a year of employment equal to 0.5 and more shall be rounded up to one day and less than 0.5 shall be excluded from the calculation.

(3) The calculation of full months worked in a working year shall be made as follows:

a) the days worked in a working year are counted;

b) the amount obtained is divided by the average monthly number of working days per year;

c) the balance of days, which constitutes 15 or more calendar days, is rounded up to a full month;

d) for the balance of days from 6 to 14 calendar days, the employee will be granted 1 day of leave.

(1) Paid leave for the first year of employment is granted to an employee after six months of continuous employment with the company.

(2) Before the expiry of six months of continuous employment, paid leave for the first year of employment shall be granted upon written application to the following categories of employees:

a) women - before or immediately after maternity leave;

b) b) employees up to the age of 18;

c) Other employees, in accordance with current legislation.

(2.1) Paid leave for the first year of employment may be granted to employees even before the expiry of six months of employment at the unit.

(3) Employees transferred from one unit to another may be granted annual leave even before the expiration of 6 months of work after the transfer.

(4) Annual paid leave for the following years of employment is granted upon written request of an employee at any time of the working year according to a schedule. At the employee's written request, the annual leave can be granted outside the established schedule.

(5) Annual leave may be granted in full or, on the basis of a written request by the employee, it may be divided into parts, one of which shall last for at least 14 calendar days.

(6) Annual leave shall be granted to the employee on the basis of the order (disposition, decision, resolution) issued by the employer.

(1) The scheduling of the annual rest leave for the following year is made by the employer, in agreement with the employees' representatives, at least 2 weeks before the end of each calendar year.

(2) When scheduling the annual rest holidays, the desire of the employees is taken into account, as well as the need to ensure the good functioning of the unit.

(2.1) The period and duration of scheduled annual leave may be modified at the request of the employee, with the agreement of the employer, taking into account the functioning of the enterprise and its needs.

(3) Employees whose spouses are on maternity leave shall be granted, on the basis of a written request, annual leave at the same time as the leave of the spouses.

(4) Employees up to 18 years of age, parents who have 2 or more children up to 16 years of age or a child with disabilities and single parents who have a child up to 16 years of age annual leave they are granted during the summer or, on a written request, at any other time of the year.

(5) The holiday schedule is binding for both the employer and the employee. The employee must be notified in writing of the starting time of the leave.

(6) The annual leave schedule approved in accordance with the conditions stipulated in paragraphs (1) and (2) shall be communicated to employees against signature or by other means allowing for acknowledgment of receipt/notification within 10 working days of approval.

(1) For the period of annual leave, the employee benefits from a leave allowance which may not be less than the size of the average salary for the respective period.

(2) The method of calculating the holiday allowance shall be established by the Government.

(3) The leave allowance shall be paid by the employer at least 3 calendar days before the employee leaves for leave.

(4) In case of death of the employee, the indemnity due to him, including for unused leave, 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 applicable law.

Exceptional cases of its postponement

(1) The rest leave is granted annually according to the programming provided in art.116. The employer has the obligation to take the necessary measures for the employees to use the rest leave in each calendar year.

(2) The annual rest leave may be postponed or extended in case the employee is on medical leave, the fulfillment by him of a state duty or in other cases provided by law.

(3) In exceptional cases, if the granting of full annual leave to the employee in the current working year may adversely affect the proper functioning of the unit, part of the leave, with the written consent of the employee and the written consent of employees' representatives, may be postponed for the following working year. In such cases, in the current working year, the employee will be granted at least 14 calendar days from the annual rest leave, the remaining part being granted until the end of the following year.

(4) It is forbidden not to grant annual leave for 2 consecutive years, as well as not to grant annual leave to employees up to 18 years of age and employees who are entitled to additional leave in connection with work in harmful conditions.

(5) It is not allowed to replace the unused annual rest leave with a monetary compensation, except for the cases of termination of the individual employment contract of the employee who did not use his leave.

(6) The duration of the medical, maternity and study leave is not included in the duration of the annual rest leave. In case of total or partial coincidence of the leave with one of the mentioned leave, based on a written request of the employee, the annual leave not used in whole or in part is postponed for the period agreed by written agreement of the parties or extended, respectively, by number of days. indicated in the document, issued in the established manner, regarding the granting of the corresponding leave within the same calendar year.

(1) In case of suspension (art.76 letters e) and m), art.77 letters d) and e) and art.78 paragraph (1) letters a) and d)) or termination of the contract individually employed, the employee has the right to compensation for all unused annual rest leave.

(2) Based on a written request, the employee may use the annual rest leave for one year of work, with the subsequent suspension or termination of the individual employment contract, receiving compensation for other unused leave.

(3) During the validity period of the individual employment contract, the unused leave may be attached to the annual rest leave or may be used separately (in whole or in part, according to art. 115 para. written of the parties.

(1) For family and other well-founded reasons, on the basis of a written request, the employee may be granted, with the consent of the employer, unpaid leave of up to 120 calendar days, for which purpose an order is issued ( disposition, decision, decision).

(2) One of the parents who has 2 or more children up to 14 years of age (or a child with disabilities), single unmarried parents who have a child of the same age shall be granted annually, on the basis of a written request, a unpaid leave of at least 14 calendar days. This leave may be attached to the annual leave or may be used separately (in whole or in part) during the periods agreed with the employer.

(1) Employees working in harmful conditions, persons with severe visual disabilities and young people up to 18 years of age benefit from an additional paid annual leave with a duration of at least 4 calendar days.

(2) For the employees who work in harmful conditions, the concrete duration of the additional paid annual leave is established by the collective labor contract, based on the respective nomenclature approved by the Government.

(3) Employees from some branches of the national economy (industry, transport, construction, etc.) are granted additional annual leave paid for seniority in the unit and for work in shifts, according to the legislation in force.

(4) One of the parents who has 2 and more children up to 14 years of age (or a child with disabilities) is granted, based on a written request, an additional paid annual leave with a duration of 4 calendar days. .

(5) In the collective agreements, in the collective agreements or in the individual labor contracts, other categories of employees may be provided to whom additional paid annual leave is granted, as well as other (longer) duration of leave than those specified in par. (1), (3) and (4).

(6) The additional annual rest leave shall be attached to the basic annual rest leave.

(1) The employee may be recalled from the annual rest leave by order (disposition, decision, decision) of the employer, only with the written consent of the employee and only for unforeseen service situations, which make necessary his presence in the unit. In this case, the employee does not return the allowance for unused holidays.

(2) The remuneration of the work of the employee recalled from the annual rest leave shall be made on a general basis.

(3) In case of recall, the employee must use the rest of the days of the rest leave after the respective situation has ended or at another date established by the agreement of the parties within the same calendar year. If the remaining days of the rest leave have not been used for any reason within the same calendar year, the employee is entitled to use them during the following calendar year.

(4) The use by the employee of the remaining part of the annual rest leave is carried out on the basis of the order (disposition, decision, decision) of the employer.

(5) The refusal of the employee to use the remaining part of the annual rest leave is null (art. 9 paragraph (11) and art. 112 paragraph (2)).

(1) The paid medical leave is granted to all employees and apprentices based on the medical certificate issued according to the legislation in force.

(2) The manner of establishing, calculating and paying the indemnities from the state social insurance budget in connection with the medical leave is provided by the legislation in force.

(1) Employees and apprentices, as well as wives dependent on employees, are granted maternity leave which includes prenatal leave with a duration of 70 calendar days (in the case of pregnancies with 3 or more children - 112 calendar days) and postnatal leave with a duration of 56 calendar days (in case of complicated births or the birth of two or more children - 70 calendar days), being paid for this period allowances in the manner provided in art. 123 par. ( 2).

(2) The insured persons referred to in paragraph (1) shall, upon expiry of their maternity leave, be granted, upon their written request, partially paid child care leave until the child reaches the age of three with the payment of a benefit from the state social insurance budget. Part-time leave with pay for the care of a child up to the age of 3 years shall be granted, optionally, to a parent, a grandparent, another relative who is directly responsible for the care of the child, and the guardian.

(3) Paid partial leave for childcare may be taken by both parents alternately, in instalments, according to the availability of each, provided that the instalments do not overlap. Such leave shall be included in length of service, including special work, and in the period of contribution.

(4) In the case of a request for partial leave with pay for childcare in instalments, the leave shall be granted no later than 30 days from the date of submission of the request, for the period indicated in the request. A copy of the child's birth certificate shall be attached to the request.

(5) The partially paid leave for the care of children born from a twin pregnancy, of triplets or multiples shall be granted, upon written request, to both parents or other insured persons provided in par. (2).

(6) An employee has the right to return from partially paid parental leave until the child reaches the age of three years before the end of the period specified in paragraphs (2) or (4) by giving 15 working days written notice to the employer.

(1) Paternity leave shall be granted under the conditions provided for in this article in order to ensure the effective participation of the father in the care of the newborn child.

(2) The father of the newborn child benefits from the right to a paternity leave of 14 calendar days.

(3) Paternity leave shall be granted on the basis of a written request within the first 12 months after the birth of the child. A copy of the child's birth certificate shall be attached to the application.

(3.1) In case of total or partial coincidence of paternity leave with sick leave, on the basis of a written request by the employee, unused paternity leave shall be extended.

(4) During the paternity leave, the employee benefits from a paternity allowance which cannot be lower than the average monthly income insured for the respective period and which is paid from the state social insurance budget.

(5) The employer is obliged to encourage the employees in order to benefit from paternity leave.

(6) The cases in which the employer creates situations with disadvantage effect of the employees who take paternity leave are considered cases of discrimination on the part of the employers and are sanctioned according to the law

(1) The woman, based on a written request, is granted the annual leave before the maternity leave, provided in art. 124 paragraph (1), or immediately after it, or after the end of the child care leave.

(2) Persons referred to in Article 124 paragraph (4) shall be granted annual leave on the basis of a written request after the end of their childcare leave.

(3) The employees who have adopted newborn children or taken them under guardianship may use, based on a written request, the annual rest leave after the end of any of the leave granted according to art.127.

(4) The annual rest leave, according to paragraphs (1) - (3), is granted to the employees regardless of the seniority in the respective unit.

(1) In addition to the maternity leave and the partially paid leave for the care of the child up to the age of 3, the woman, as well as the persons referred to in art. 124 paragraph (4), shall be granted, based on a written request, a unpaid additional leave for the care of the child aged 3 to 4 years, with the maintenance of the job (of the position). In the absence of the previous job (previous position), the mentioned persons are granted another equivalent job (equivalent position).

(2) Based on a written request, during the additional unpaid leave for the care of the child, the woman or the persons mentioned in art. 124 paragraph (4) may work under the conditions of part-time work or at home.

(3) The period of the unpaid additional leave is included in the seniority, including in the special seniority, if the individual employment contract has not been suspended according to art. 78 paragraph (1) letter a).

(4) The period of the unpaid additional leave is not included in the seniority that gives the right to the next paid annual leave, as well as in the contribution period according to the law.

(5) The employee may return from unpaid additional leave for childcare before the deadline set out in the request referred to in paragraph (2) by giving 15 working days written notice to the employer.

(1) An employee who has adopted a newborn child directly from maternity or taken him under guardianship shall be granted paid leave for a period starting from the day of adoption (taking under guardianship) and until the expiration of 56 calendar days from the day the birth of the child (in case of adoption of two or more children at the same time - 70 calendar days) and, based on a written request, a partially paid leave for the care of the child up to the age of 3 years. The allowances for the mentioned holidays are paid from the state social insurance budget.

(2) The employee who has adopted a newborn child directly from maternity or took him under guardianship is granted, based on a written request, an unpaid additional leave for the care of the child aged 3 to 4 years, according to art.126 .

(3) The employee who intends to adopt a child shall be granted, on the basis of a written request, unpaid leave during the entrustment of the adoptable child, which shall not exceed 90 calendar days.

(1) Wages are any reward or gain valued in money, paid to the employee by the employer under the individual employment contract for work done or to be done.

(2) In the determination and payment of wages, no discrimination shall be permitted on the grounds of sex, age, disability, social origin, family status, ethnicity, race or nationality, political or religious beliefs, trade union membership or activity.

(2.1) The employer is obliged to ensure equal pay for male and female employees for equal work or work of equal value.

(2.2) In assessing whether employees are performing work of equal value, the employer shall consider aspects of the employee's work, including:

a) degree of responsibility;

b) skill level and experience;

c) effort and nature of the tasks involved;

d) working conditions.

(2.3) Employers of medium-sized and large enterprises are obliged to inform employees and/or their representatives periodically, but not less frequently than once a year (at the latest in the first half of the year following the year of management), of the gender pay gap by employee category and function.

(2.4) The employer must make available to employees, in an easily accessible manner, information on the criteria used for the job evaluation and classification system for determining pay levels applied in the establishment.

(3) Pay is confidential and guaranteed.

State guarantees in the field of wages include the minimum wage set by the state, the reference value for calculating the basic wages of employees in the budgetary sector, as well as the allowances and bonuses of a compensatory nature, guaranteed by the state and regulated by the legislation in force.

(1) Salary includes basic salary (tariff salary, function salary), additional salary (additions and increases to basic salary) and other incentive and compensation payments.

(2) The remuneration of the employee's work depends on the demand and supply of labour force in the labour market, the quantity, quality and complexity of work, working conditions, professional qualities of the employee, effort and responsibilities of the employee, the nature and results of the employee's work and/or the results of the economic activity of the establishment.

(3) Work shall be remunerated per unit of time or by agreement both in the tariff and in the non-tariff wage systems.

(4) Depending on the specific activity and the concrete economic conditions, the establishments of the real sector shall apply the tariff system and/or the non-tariff wage systems for the organisation of wages.

(5) The choice of the wage system within the establishment shall be made by the employer after consultation with the employees' representatives.

(6) The employer, irrespective of which pay system is applied, shall use a job evaluation and classification system within the establishment for determining pay levels.

(1) Every employee has the right to a guaranteed minimum wage.

(2) The minimum wage represents the minimum amount of remuneration assessed in national currency, the amount established by the state for a simple, unskilled work, below which the employer is not entitled to pay for the monthly or hourly work performed by the employee.

(3) The minimum wage does not include additions, bonuses, incentive and compensation payments.

(4) The amount of the minimum wage is mandatory for all employers of legal or natural persons who use salaried work, regardless of the type of ownership and the legal form of organization. This amount cannot be reduced either by the collective labor agreement or by the individual employment contract.

(5) The amount of the minimum wage is guaranteed to the employees only on the condition of their execution of the work obligations (norms) during the working hours established by the legislation in force.

(1) The minimum wage per month and the minimum wage per hour, calculated starting from the monthly norm of working time, shall be established by Government decision, after consulting the employers' associations and trade unions.

(2) The amount of the minimum wage is determined and re-examined depending on the concrete economic conditions, the level of the average wage on the national economy, the forecasted level of the inflation rate, as well as other socio-economic factors.

(1) The increase of the level of the real content of the salary is ensured by indexing the salary in connection with the increase of the consumer prices for goods and services.

(2) The guaranteed minimum wage is indexed annually according to the evolution of the consumer price index, in accordance with the legislation in force.

(Abrogat)

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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).

(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.

(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.

(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.

(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.

(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.

(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.

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.

(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.

(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.

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.

(Repealed)

(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.

(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.

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

(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.

(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.

(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)

(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.

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.

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.

(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.

(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.

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

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.

(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.

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).

Employees are guaranteed:

a) the methodological contest of the state in organizing the labor norm;

b) the application of the work standardization systems established by the employer together with the employees' representatives and stipulated in the collective labor contract or in another normative act at unit level.

(1) Labor norms mean the norms of production, time, service, personnel that are established by the employer for employees in accordance with the achieved level of technique and technology, organization of production and work, so as to correspond concrete conditions in the unit and not lead to overwork of employees.

(2) In the conditions of the collective forms of organization and remuneration of work, combined and complex norms can also be applied.

(3) The labor norms can be revised as the new technique and technologies are implemented or the existing ones are improved, organizational or other measures are implemented, which ensure the increase of labor productivity, as well as in case of using an outdated physical and moral equipment.

(4) Obtaining a high level of production production by a certain employee or a certain brigade by applying, on their own initiative, new work procedures and advanced experience, by improving their own jobs, is not the basis for the revision of labor norms.

(1) For certain homogeneous works, unique norms and standard norms (interbranch, branch, professional, etc.) of work can be elaborated and established. The standard work norms are elaborated by the specialized central public administration authorities in agreement with the respective employers' associations and trade unions and are approved in the manner established by the Government.

(2) The replacement and revision of the single rules and the standard rules shall be carried out by the authorities that approved them.

(1) If the work rules no longer meet the conditions for which they were approved or do not ensure full occupancy of normal working time, they may be revised or replaced.

(2) The procedure for the revision or replacement of work rules, and the specific situations in which it may be applied, shall be laid down in collective agreements, other legislation at unit level and/or collective agreements.

(3) Employees must be notified of the introduction of new work rules in writing, under their signature or by another means that allows confirmation of receipt/notice, at least 2 months in advance.

(1) When remunerating the work in agreement, the tariffs are established starting from the work categories, the tariff salaries (function salaries) and the production norms (time norms) in force.

(2) The tariff for the work paid in the agreement is established by dividing the tariff salary per hour (per day), which corresponds to the category of work performed, at the production norm per hour (per day). The tariff for the work paid in the agreement can also be established by multiplying the hourly wage (per day), which corresponds to the category of work performed, with the time norm in hours or days.

The employer has the obligation to permanently ensure the technical and organizational conditions that were the basis for the elaboration of the labor norms and to create the working conditions necessary to fulfill the production (service) norms. These conditions are:

a) good condition of machines, machine tools and devices;

b) timely provision of technical documentation;

c) the appropriate quality of the materials and tools necessary for the performance of the work, as well as the timely supply with them;

d) timely supply of the production process with electricity, gas and other energy sources;

e) ensuring labor protection and production security.

(1) The guarantee means the means, the methods, the conditions by which the realization of the rights granted to the employees in the field of labor relations and of other social relations related to them is ensured.

(2) Compensation means the monetary rights established for the purpose of compensating the expenses incurred by the employees in connection with their execution of the work obligations and other obligations provided by the legislation in force.

In addition to the general guarantees and compensations provided by this code (guarantees for employment, transfer, in the field of remuneration, etc.), employees are granted guarantees and compensations in case of:

a) travel in the interest of work;

b) transfer to work in another locality;

c) combining work with studies;

d) termination of the individual employment contract; as well as

e) in other cases provided by this code and by other normative acts.

(1) Travel in the interest of the service means the delegation of the employee, according to the order (disposition, decision, decision) of the employer, for a certain term, for the execution of work obligations outside the permanent workplace.

(2) The service trips of the employees whose permanent activity has a mobile or itinerant character, as well as the accomplishment of the prospecting works, of the geodetic and topographic ones on the field, are not considered trips in the interest of service if the employer grants the necessary service transport.

Employees displaced in the interest of work are guaranteed the maintenance of their job (position) and average salary, as well as compensation for expenses related to travel in the interest of work.

(1) In case of travel in the interest of service, the employer is obliged to compensate the employee:

a) round-trip travel expenses;

b) accommodation expenses;

c) daytime;

d) other travel expenses.

(2) The manner and amount of compensation of expenses related to travel in the interest of service shall be approved by the Government. Units with financial autonomy may establish in the collective labor agreement increased amounts of these compensations.

(1) When the employee is transferred, based on a prior written agreement with the employer, to work in another locality, the employer is obliged to compensate him:

a) the expenses related to the relocation of the employee and his family members to another locality (except for the cases when the employer ensures the transportation of the respective persons and their goods);

b) the expenses for settling in the new place of residence.

(2) The concrete amounts of the compensation of the expenses specified in paragraph (1) shall be determined by the agreement of the parties to the individual employment contract, but may not be smaller than those established by the Government.

(1) Employees sent by the employer to accredited study programs under the conditions of the law in technical vocational education, bachelor's degree or master's degree with reduced frequency are established a reduced working time, additional leave is granted, with the maintenance full or partial average salary, and other facilities, as established by the Government.

(1.1) Employees who, on their own initiative, have enrolled in accredited study programs under the law in technical vocational education, bachelor's degree or part-time master's degree are granted certain guarantees and compensations in the manner provided by the contract. collective or individual work.

(2) In the collective labor contract, in another normative act at unit level and in the collective agreements for the employees mentioned in paragraph (1), additional facilities may be provided at the expense of the means of the unit.

(1) Employees who study in doctoral and postdoctoral programs in higher education institutions or in organizations in the fields of research and innovation, accredited under the law, are granted guarantees and compensations in the manner provided by the collective agreement or individual contract for work.

(2) The employer and the employees' representatives may provide in the collective labor contract or in another normative act at unit level, from the unit's account, additional guarantees and compensations to those established by the normative acts in force.

(Repealed)

Employees studying in general secondary education institutions are established a reduced duration of working time, they are granted additional leave with the maintenance, total or partial, as the case may be, of the average salary, as well as other guarantees and compensations as established by the Government.

(1) The employees who combine work with studies are granted guarantees and compensations when obtaining, for the first time, the studies of the respective level.

(2) The annual leave may be attached to the additional holidays granted to the employees who combine work with studies, according to a written agreement between the employer and the employee.

(3) Employees who study at an educational institution in the second or third specialty (profession) may be granted certain guarantees and compensations in the manner provided by the collective or individual employment contract.

(1) In case of reduction of the number or staff, the preferential right to be left to work benefits the employees with a higher qualification and labor productivity.

(2) In case of an equal qualification and labor productivity, the preferential right to be left to work have:

a) employees with family obligations, who support two or more persons and / or a person with disabilities;

b) employees in whose family there are no other persons with independent income;

c) employees who have a longer seniority in the respective unit;

d) the employees who suffered in the respective unit a work accident or contracted an occupational disease;

e) employees who raise their qualification in higher education and technical professional institutions, without leaving the activity;

f) persons with disabilities as a result of the war and members of the families of soldiers who have fallen or disappeared without a trace;

g) participants in the actions for the defense of the territorial integrity and independence of the Republic of Moldova;

h) inventors;

i) persons who have fallen ill or have suffered from actinic disease and other diseases caused by radiation as a result of the Chernobyl accident;

j) persons with disabilities in respect of whom the causal relationship between the occurrence of the disability and the damage from the C.A.E. Chernobyl, the participants in the liquidation of the consequences of the damage from the C.A.E. Chernobyl in the alienation zone in 1986-1990;

k) employees who have more incentives for success at work and do not have disciplinary sanctions (art. 211);

l) employees who have at most 5 years left until the establishment of the old-age pension.

(3) In case some persons indicated in paragraph (2) correspond to several criteria provided in this paragraph, the preferential right to be left to work belongs to the persons who meet several criteria in comparison with the other persons. In case of equality of the number of criteria, the preferential right belongs to the person who has a longer seniority in the respective unit.

(1) The employer is obliged to notify the employee, by order (provision, decision, decision), under signature or by another means which allows confirmation of receipt of the order by each employee concerned, of his intention to terminate the individual employment contract concluded for an indefinite or fixed term, within the following time limits:

a) 2 months in advance - in case of dismissal in connection with the liquidation of the establishment or the termination of the activity of the natural person employer, reduction in the number or states of personnel at the establishment (Art. 86 (1) (b) and (c));

b) one month in advance - in the event of dismissal in connection with a finding of unsatisfactory performance, repeatedly over a period of one year, of individual performance indicators, in accordance with the assessment procedure implemented by the employer under Article 86 para. (1) (e);

c) 14 calendar days in advance - in case of dismissal due to the employee's status of old-age pensioner (Art. 86 para. (1) (y.1) and Art. 301 para. (1) lit. c)).

(2) During the periods referred to in paragraph (1), the employee shall be granted at least one working day per week, with maintenance of the average wage, for seeking another job.   

(3) Upon termination of the individual employment contract as a result of the employee's breach of his/her employment obligations (Article 86 (1) (g)-(k), (m), (o)-(r)), notice of termination is not mandatory.