Remarks: The Ministry of Justice provides a Database with Legislation in Romanian and in Russian. http://lex.justice.md/ The Labour Code of the Republic of Moldova has been amended in 2006 and 2011 by several Laws. The original version in Romanian is provided as amended.
SOURCES
Name of Act
Labour Code of the Republic of Moldova, N 154-XV from 28.03.2003, as amended up to 2011
Remarks: Provisions of the present code are applied to: a) Employees- citizens of the Republic of Moldova, working on the basis of the individual labour contract in the Republic of Moldova, including the ones who have concluded a contract of continuous vocational training or a contract on professional qualification; b) Employees - foreign citizens or persons without the citizenship of Moldova, working for the employer on the basis of the individual labour contract, the employer, carrying out activity in the Republic of Moldova; c) Employees - citizens of the Republic of Moldova, working in diplomatic representatives abroad; d) Employers - physical or juridical persons from the public sector, private or the mixed sector, using wage labour; e) Workers of public bodies, religious associations, trade unions, patronages, foundations, parties and other non-commercial organizations, using wage labour. Art.3
LEGAL DEFINITIONS
Working time/working hours
The period during which employees execute work in line with enterprise regulations or clauses in individual or collective labour contracts.
Labour Code Art.95(1)
Employee/worker
"Employee" shall mean any physical person who performs a job, corresponding to a certain speciality, qualification or position, and receiving wages on the basis of the individual labour contract.
Labour Code Art.1
Employer
"Employer" shall mean any juridical person (enterprise) or physical person, employing workers on the basis of an individual labour contract, concluded in accordance with the regulations of the present Code.
Labour Code Art.1
Overtime/overtime work
Overtime is work exceeding the normal duration of working hours as established by the enterprise, individual or collective labour contract.
Labour Code Art.95, 104(1)
Night work(er)
"Night work" means the work performed in the interval between 22:00 and 06:00
Labour Code Art.103(1)
NORMAL HOURS LIMITS
Daily hours limit
General limit
The normal duration of daily work is 8 hours.
Labour Code Art.100(1)
Historical data (year indicates year of data collection)
2009: 8 hours
2007: 8 hours
Exceptions
For the employees performing working activities in harmful working conditions the duration of daily work cannot exceed 7 hours.
HOURS AVERAGING Hours averaging schemes can be introduced by collective agreement, provided the number of hours, on average, do not exceed the legal limits. The reference period cannot exceed one year and the limit on hours on an individual day during the reference period is 12 hours.
Labour Code Art.99, 100(3)
Special categories
» Night work
Duration of working hours (shift) at night is reduced by one hour. Therefore, the maximum number of hours that a night worker may perform shall not exceed 7 hours per day.
Labour Code Art.103(2), 100(1)
» Young workers
For employees under the age of sixteen the duration of daily work cannot exceed 5 hours. For employees aged sixteen to eighteen and for the employees performing working activities in harmful working conditions, the duration of daily work cannot exceed 7 hours.
Labour Code Art.100(2)
» Domestic work
The normal hours limit applies to workers employed by an employer-physical person. According to this, although no expressly provided, domestic workers shall be entitled to the daily hours limit.
Labour Code Art.285
» Disabled workers
Disabled workers are entitled to a lower limit to be determined by a medical decision.
Labour Code Art.100(4)
Weekly hours limit
General limit
Normal duration of working hours of employees from enterprises cannot exceed 40 hours per week.
Labour Code Art.95(2)
Historical data (year indicates year of data collection)
2009: 40 hours
2007: 40 hours
1995: 40 hours.
Reference period(s)
Working hours are distributed within the limits of a week, as a rule, in regular intervals and it makes 8 hours per day within five days with two days off.
Labour Code Art.98(1)
Compressed workweeks
Distribution of working hours can be made within the limits of a compressed working week, consisting of four or four and a half days, provided that working hours does not exceed the limit of 40 hours per week.
Labour Code Art.98(3)
Exceptions
A reduced working week of 35 hours shall be set for employees working in harmful conditions, according to a list authorized by the Government. For employees whose work demands increased intellectual and psycho-emotional efforts, a different limit will be established by the Government not exceeding 35 hours per week.
HOURS AVERAGING Hours averaging ("global recording of working hours") can be introduced by collective agreement, with a reference period not exceeding one year. Daily working time cannot exceed 12 hours.
Labour Code Art.96(2)(3), 99
Special categories
» Young workers
A reduced working week of 24 hours shall be set for employees between 15 to 16 years old and of 35 hours for employees between 16 to 18 years old.
Labour Code Art.96(2)
» Domestic work
The normal hours limit applies to workers employed by an employer-physical person. According to this, although no expressly provided, domestic workers shall be entitled to the weekly hours limit.
Labour Code Art.285
» Disabled workers
A reduced working week of 30 hours shall be set for disabled workers.
Labour Code Art.96(4)
OVERTIME WORK
Criteria for overtime
General
Overtime is work exceeding the normal duration of working hours as established by the enterprise, individual or collective labour contract.
Overtime work can be required by the employer to: (1) perform work to defend the country, prevent industrial accidents or eliminate the consequences of industrial accidents or natural calamities; (2) perform work to respond to unforeseen circumstances that may prevent the normal functioning inter alia of water and electricity supply services, postal services and public transport.
Overtime work requires the written approval of the worker where it is performed to: (1) finish work that has been started, due to an unforeseen delay connected to the technical aspects of the production process, the stoppage of which would entail damage or destruction to the property of the employer or the proprietor, or of municipal or state property; (2) perform temporary work to repair or restore machines or installations, if their malfunction could cause work to stop for an indefinite period and for a large number of people; (3) perform work in circumstances that might entail damage or destruction of the property of the enterprise, including raw materials, other materials and finished goods; (4) continue work in case of the absence of a shift worker, if the work does not include a break. In these cases, the employer is obliged immediately to arrange the replacement of the worker.
In other cases, engagement in overtime work is admitted with the written approval of the employee and the representatives of employees.
Labour Code Art.95, 104
Worker`s influence
In general, overtime work is permitted with the written approval of the employee and the employee representatives.
Labour Code Art.104
Limits on overtime hours
General limits
The employer shall not perform more than 12 hours in total per day (including overtime) or 120 hours per calendar year for overtime that is required by the employer.
The duration of overtime work can be increased with the consent of the representatives of employees up two 240 hours per calendar year.
Labour Code Art.105(3), 104(5)
Historical data (year indicates year of data collection)
2009: 12 hours in total per day (including overtime)
120 hours per calendar year for overtime that is required by the employer.
The duration of overtime work can be increased with the consent of the representatives of employees up two 240 hours per calendar year.
2007: 12 hours in total (including overtime)
2007: 120 hours per calendear year for overtime that is required by the employer.
The duration of overtime work can be increased with the consent of the representatives of employees up two 240 hours per calendar year.
1995: 4 hours on 2 consecutive days; 120 per year.
Compensation for overtime work
Overtime rate(s)
Overtime work shall be remunerated at a rate not less than 150% of the monthly wage rate for the first 2 hours and not less than 200% for subsequent hours.
Labour Code Art.157
Historical data (year indicates year of data collection)
2007: Compensation of overtime work in the form of time-off is not permitted.
2007: In piecework, overtime work must be paid at not less than 50% of the wage rate of employees of the corresponding category paid by the hours for the first two hours and at a rate of 100 percent of this wage rate in subsequent hours.
1995: 50%premium for the first 2 hours, 100% thereafter. (100% for work on weekly rest days and public holidays.)
Exceptions
In piecework, overtime work must be paid at not less than 50% of the wage rate of employees of the corresponding category paid by the hours for the first two hours and at a rate of 100 percent of this wage rate in subsequent hours.
Labour Code Art.157(2)
Compensatory rest
Compensation of overtime work in the form of time-off is not permitted.
Labour Code Art.157(3)
Special categories
Domestic work
The normal hours limit applies to workers employed by an employer-physical person. According to this, although no expressly provided, domestic workers shall be entitled to the overtime hours limit.
Labour Code Art.285
Young workers
The performance of overtime work is prohibited for workers under 18 years old.
Labour Code Art.105
SCHEDULES
General
Working hours must in principle be arranged in a regular pattern of 8 hours per day, five days per week, with two weekly rest days. At enterprises in which, due to the nature of the work, it is not possible to have a 5 day workweek, a 6 day workweek is permitted. The length of daily and weekly hours, start and finish times, breaks and the schedule of working days and rest days are to be determined by the internal rules of an enterprise or collective and/or individual labour contracts.
Labour Code Art.98(1)(2)(4)
REST PERIODS
Rest breaks
General provisions
Within the working day the employee should be given a break for meal of not less than 30 minutes.
Concrete duration of the break and time of its granting are established by the collective labour contract or the internal regulations of the enterprise.
Breaks for meal are not included in working time, except for the cases stipulated in the collective labour contract or regulations of the enterprise.
Labour Code Art.107(1)(2)
Historical data (year indicates year of data collection)
2009: 30 minutes (meal break)
2007: 30 minutes (meal break)
1995: A break for rest and meals of not more than 2 hours.
Special categories
» Shift work
At enterprises in which continuous shift work is in operation, employees are entitled to have a meal at the workplace during working hours.
Labour Code Art.107(3)
» Domestic work
The work regime with an `employer-physical person´ is determined by the individual labour contract. (NB: The term `work regime´ seems to include rest breaks.)
Labour Code Art.285
» Pregnant workers/recent birth
Women with children of under 3 years are entitled to additional breaks for feeding children of not less than 30 minutes every three hours.
Women who have two or more children under the age of three are entitled to additional breaks of not less than one hour.
Breaks for feeding children are included in the working hours and are paid proceeding from the average wages.
One of the parents of a disabled child are entitled to one paid day off per month.
Labour Code Art.108(1)(2)(3)(4)
Daily rest periods
Duration
The period between the end of one working day and the start of the next should not be less than double the duration of the working day.
Labour Code Art.107(4)
Historical data (year indicates year of data collection)
2009: The period between the end of one working day and the start of the next must not be less than double the duration of the working day.
2007: The period between the end of one working day and the start of the next must not be less than double the duration of the working day.
1995: No legal provision.
Weekly rest periods
Duration
» General
Weekly rest is given for two days successively, as a rule on Saturday and Sunday (at least 42 hours, with the exception of 6 day workweeks).
Labour Code Art.109(1)(4)
Historical data (year indicates year of data collection)
2009: 2 days (at least 42 hours, with the exception of 6 day workweeks).
1995: 42 consecutive hours.
» Exceptions
At enterprises, where the nature of work does not permit time-off on Sundays, workers are entitled to two rest days within a week and an increase in wages determined by the collective or individual labour contract.
Labour Code Art.109(3)
Day specified
» General
In general the weekly rest falls on Saturday and Sunday.
Labour Code Art.109(1)
» Exceptions
At enterprises, where the nature of work does not permit time-off on Sundays, workers are entitled to two rest days to be enjoyed within the week.
Labour Code Art.109(3)
Work on weekly rest day
» Criteria
In general, work on weekly rest days is not permitted.
However work on weekly rest days can be required by the employer to: (1) perform work to defend the country, prevent industrial accidents or eliminate the consequences of industrial accidents or natural calamities; (2) perform work to respond to unforeseen circumstances that may prevent the normal functioning inter alia of water and electricity supply services, postal services and public transport.
Work on weekly rest days requires the written approval of the worker where it is performed to: (1) finish work that has been started, due to an unforeseen delay connected to the technical aspects of the production process, the stoppage of which would entail damage or destruction to the property of the employer or the proprietor, or of municipal or state property; (2) perform temporary work to repair or restore machines or installations, if their malfunction could cause work to stop for an indefinite period and for a large number of people; (3) perform work in circumstances that might entail damage or destruction of the property of the enterprise, including raw materials, other materials and finished goods; (4) continue work in case of the absence of a shift worker, if the work does not include a break. In these cases, the employer is obliged immediately to arrange the replacement of the worker.
Labour Code Art.104(2)(3), 110(1)(2)
» Compensation (for working on a rest day)
Working on a weekly rest day shall be paid as follows: a) to employees with piece-work payment - not less than on double piece-work tariffs; b) to employees whose work is paid on hour or day time rates, - in the size of not less than the double hour or day time rate; c) to employees receiving a monthly salary, - in the size not less than one hour or day time rate over the salary, if the work on the day off or non-working holiday was performed within the limits of the monthly norm of working hours, and in the size of not less than the double hour or day time rate over the salary if the work was performed over the monthly norm.
Labour Code Art.158(1)
Special categories
» Young workers
Engagement of employees on days off is not admitted for employees under 18 years old.
Labour Code Art.110(3)
» Domestic workers
The procedure of granting days off in case of work for an employer-physical person is determined by the labour contract.
Labour Code Art.285
» Pregnant workers/recent birth
Engagement of employees on days off is not admitted for pregnant women, women on postnatal leave and women having children under the age of three.
Labour Code Art.110(3)
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
Paid holiday for the first year of work is given to the employee after 6 months of his continuous work at the enterprise.
Labour Code Art.115(1)
Duration
» General
All employees have the right to an annual paid holiday, with duration of not less than 28 calendar days without taking into account the non working holidays.
Employees of special sectors (education, health service, public service, etc.) can be granted annual leave of a different duration.
Labour Code Art.113(1)(2)
Historical data (year indicates year of data collection)
2009: 28 calendar days
Employees of special sectors (education, health service, public service, etc.) can be granted annual leave of a different duration.
2007: 28 calendar days
Employees of special branches of the national economy (education, health service, public service, etc.) can be granted annual leave of a different duration.
1995: 12 working days after 12 months of employment.
» Exceptions
Employees working in harmful conditions, blind workers and workers under the age of 18 are entitled to additional holidays of not less than 4 days. Collective agreements and collective or individual employment contracts can specify other categories of employees to be given additional paid holidays.
Labour Code Art.121(1)(5)
Payment
» Amount
For the period of annual paid holiday, a holiday allowance is due to the employee, the size of which cannot be less than the wages, increases and, on occasion, the severance pay for the corresponding period. Replacement of the unused annual paid holidays by monetary indemnification is not admitted, except for the cases of termination of the individual labour contract of the employee who was not using the holiday.
Labour Code Art.117(1), 118(5)
» Date of payment
The holiday grant is paid by the employer to the employee not less than three calendar days prior to the beginning of holiday.
Labour Code Art.117(3)
Schedule and splitting
Annual paid holiday can be taken in its entirety or, on a written application of the employee, it can be divided into two parts, one of which should not be less than 14 calendar days. The annual holiday can be given to the employees at any time of the year in conformity with the enterprise’s holiday schedule. The schedule of annual holidays must be designed by the employer with the agreement of workers’ representatives not less than two weeks before the end of each calendar year. The employer is required to take into account the wishes of the workers as well as the need to maintain the normal activity of the enterprise. Workers must be informed of the date of their leave not less than 2 weeks prior to its start.
Labour Code Art.115(4), 116, 115(5)
Work during annual leave
Workers can be recalled from their annual holidays by the employer only with the written approval of the workers and only in unforeseen circumstances that demand their presence at the workplace.
In this case, the worker is not obliged to return the compensation for the unused portion of the leave.
The worker has the right to take the remaining days of the leave after the end of the circumstances in question or at another time within the limits of the same calendar year at a time determined with the agreement of the employer.
Labour Code Art.122
Special categories
» Women
Women with two or more children under 16 years and single parents with children under 16 years must be given their leave in the summer or, if they prefer, in another season.
Labour Code Art.116(4)
» Young workers
Workers under 18 years old have the right to 4 additional calendar days leave per year. They must be given their leave in the summer or, if they prefer, in another season.
Labour Code Art.116(4)
» Domestic work
Workers employed by an `employer-physical person´ are entitled to the general amount of annual leave. The procedure of determining the schedule of annual leave is determined by the labour contract.
Labour Code Art.285
» Part-time work
Persons performing part-time work have the right to annual leave, the duration of which corresponds to the established duration for the given post.
Labour Code Art.272
PUBLIC HOLIDAYS
Number and dates
12 days.
January, 1 - New Year Day; January, 7 and 8 - Christmas; March, 8 - International Women’s Day; The first and second days of Easter according to the church calendar; The second Monday after Easter (Remembrance Day); May, 1 - May Day (International Solidarity Day of Workers); May, 9 - Victory Day (to honour the heroes who fought for the independence of the Native land); August, 27 - Day of Republic (Independence Day); August, 31 - the holiday " Limba Nastra "(Our Language); City (town, village) Day, declared and established by the mayoralty of the city, town, village.
Labour Code Art.111(1)
Work on Public Holidays
» Criteria
On holidays, activities are carried on at enterprises where it is impossible to stop work with regard to the technological and production conditions, work necessary for the consumer service and urgent repair and cargo handling work.
Labour Code Art.111(2)
» Compensation
Working on a public holiday day shall be paid as follows: a) to employees with piece-work payment - not less than on double piece-work tariffs; b) to employees whose work is paid on hour or day time rates, - in the size of not less than the double hour or day time rate; c) to employees receiving a monthly salary, - in the size not less than one hour or day time rate over the salary, if the work on the day off or non-working holiday was performed within the limits of the monthly norm of working hours, and in the size of not less than the double hour or day time rate over the salary if the work was performed over the monthly norm.
Labour Code Art.158(1)
EMERGENCY FAMILY LEAVE
Due to family circumstances or other valid reasons, workers, by a written application and with the consent of the employer, are entitled to unpaid leave of up to 60 calendar days.
Labour Code Art.120
PART-TIME WORK
General provisions
Individual workers and employers can agree to work for fewer hours than the ordinary day or week.
Labour Code Art.97(1)
Annual leave
Persons performing part-time work have the right to annual leave, the duration of which corresponds to the established duration for the given post.
Labour Code Art.272
Right to equal treatment
Right/scope
The persons who have been employed as part-time workers benefit from the same rights and guarantees, as the other workers of the enterprises.
Part-time work must not entail any restriction of the worker’s rights concerning the calculation of seniority, duration of annual paid leave or other labour rights.
Labour Code Art.97(3),267(6)
NIGHT WORK
Criteria for night work
"Night work" means the work performed in the interval between 22:00 and 06:00
Labour Code Art.103(1)
Limits
Daily hours limit
Duration of working hours (shift) at night is reduced by one hour. Therefore, the maximum number of hours that a night worker may perform shall not exceed 7 hours per day.
Duration of working hours (shift) at night is not reduced for employees for whom the reduced duration of the working hours was established, and also for the employees hired especially for work at night, if the collective labour contract does not establish otherwise.
Labour Code Art.103(2)(3), 100(1)
Compensation
Night work shall be paid at a rate not lower than 150% the hourly wage rate of the employee.
Labour Code Art.159
Workers' health
Each employee, who within six months has fulfilled not less than 120 hours of night work, will have to undergo a medical examination at the account of the employer.
Labour Code Art.103(4)
Special categories
Young workers
Night work is prohibited for workers under 18 years old.
Labour Code Art.103(5)
Pregnant workers/recent birth
Night work is prohibited for pregnant workers and workers on maternity leave.
Labour Code Art.103(5)
Parents
Persons combining parental leaves for child care with work may perform night work only with their written consent.
Labour Code Art.103(6)
Carers
Workers who care for sick family members may perform night work only with their written consent.
Labour Code Art.103(6)
Disabled workers
Disabled workers can perform night work only with their written consent.
Labour Code Art.103(6)
Women
Night work is prohibited for workers on maternity leave. Women with children of 3-6 years of age or disabled children of under 16 years of age can perform night work only with their written consent.
Labour Code Art.103(6)
SHIFT WORK
Criteria for shift work
Work in 2, 3 or 4 shifts is permitted when the duration of production exceeds the legal limit on daily work, to enable a more effective use of equipment, increase the volume of production or ensure better service provision.
Work during 2 successive shifts is prohibited.
Labour Code Art.101
Limits
Continuous shift work cannot be carried out for more than one month. In exceptional cases, the employer, in consultation with the workers’ representatives, can extend it to three months.
Labour Code Art.319
Overtime work
Hours of additional work within the limits of the schedule of work in the continuos shift method can be collect within one calendar year and summarized whole days with the subsequent granting of additional days-off, according to the order (decision, disposition) of the employer.
Labour Code Art.321(3)
Schedule
Working hours and rest periods must be specified in the shift work schedule, which is to be designed by the employer with the workers’ representatives and must be brought to the notice of workers not later than one month prior to its introduction.
Labour Code Art.321
Rest breaks
At enterprises in which continuous shift work is in operation, employees are entitled to have a meal at the workplace during working hours.
Labour Code Art.107(3)
ON-CALL WORK
Relevant provisions have been not identified.
FLEXITIME
Criteria
The employer can establish, with the written approval of the employee, individual working schedules with a flexible regime of working hours, if such an opportunity is stipulated by the regulations of the enterprises or the collective labour contract.
The working day can also be divided into two parts: a fixed part, during which the employee is at the workplace, and a flexible (mobile) part, during which the worker chooses the time of arrival and leaving, respecting the normal duration daily work.
Labour Code Art.100(7)(9)
CASUAL WORK
General provisions
Payment of wages for occasional work, continuing for more than two weeks, is made immediately upon the termination of work.
Labour Code Art.142(4)
SHORT-TIME WORK/WORK-SHARING
General provisions
If it is temporarily impossible for the employer to continue the industrial activity for objective economic reasons, the employees have the right to an allowance of 75 percent of the basic wages for idle time¿.
Labour Code Art.80(1)(4)
Limits
The duration of this idle time cannot exceed three months within one calendar year.
Labour Code Art.80(2)
RIGHT TO CHANGE WORKING HOURS
Type of changes permitted
Individual workers and employers can agree to work for fewer hours than the ordinary day or week.
Labour Code Art.97(1)
Reasons for request
Carers
On request, workers caring for children under 14 years of age or disabled children younger than 16 years of age and workers caring for sick family members are entitled to work part-time.
Labour Code Art.97(1)
INFORMATION & CONSULTATION
Information
A fundamental right and responsability of the employee shall be to obtain from the employer full and trustworthy information about the working conditions and the requirements referring to occupational safety and health, including the protective measures against the influence of risk factors.
Labour Code Art.9f, 227c
Consultation
The social partnership is carried out in mutual consultations(negotiations) on questions of labour relations regulation and other relations directly connected to them.
Labour Code Art.19c)
Results generated on: 20th April 2024 at 05:59:44.
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