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Moldova, Republic of - Maternity protection - 2011


LAST UPDATE

July 2012

Data quantity

NORMAL

SOURCES

Labour Code of the Republic of Moldova, N 154-XV from 28.03.2003, Official Monitor of the Republic of Moldova N 159-162, art.648

Name of Act

Labour Code,
Act No. 154-XV/2003 of 28 March 2003, as amended up to Act N60-XVI of 21 March 2008 [online version of March 2003].

Other source used

Social Security Programs Throughout the World: Europe, 2008: Moldova, US Social Security Administration

Other source used

Social Security Programs Throughout the World: Europe, 2010, Moldova

MATERNITY LEAVE


Scope

Employees working on the basis of the individual labour contract and workers of public bodies, religious associations, trade unions, patronages, foundations, parties and other non-commercial organizations, using wage labour.
Labour Code §3

Qualifying conditions

No qualifying conditions identified

Duration


General total duration

Women employees and women apprentices, and also the wives in the care of the employees, are granted maternity leave, including prenatal leave with a duration of 70 calendar days and postnatal leave with a duration of 56 calendar days.
Labour Code § 124(1)
Historical data (year indicates year of data collection)
  • 2009: 126 calendar days (70 days prenatal and 56 days postnatal)
  • 2004: One hundred and twenty-six days
  • 1998: n.a.
  • 1994: n.a.

Extension

In cases of the complicated births or births of two or more children women are entitled to a postnatal holiday with a duration of 70 calendar days.
Labour Code § 124(1)

RELATED TYPES OF LEAVE


Parental leave


Scope

Women employees and women apprentices, wives in the care of the employees, father of the child, grandmother, grandfather or other relative, who takes care of the child.
Labour Code § 124(1) , 124(4)

Length

PArtially paid parental leave is granted until the child reaches the age of three. The grant is paid for this period from the budget of the state social insurance.

Mothers and fathers are given under the written application, additional unpaid holiday on child nursing, aged three to six years
Labour Code §124, 126

Adoption leave


Length

The employee, who has adopted a new-born child directly from the maternity hospital or established guardianship over him, is given a paid holiday for the period from the date of adoption (establishment of guardianship) and before the expiration of 56 calendar days from the birth of the child (in case of simultaneous adoption of two or more children - 70 calendar days), and also under his written application, a partially paid holiday on child nursing until the age of three. Grants to specified holidays are paid from the budget of the state social insurance.

The employee, who has adopted a new-born child directly from the maternity hospital or established guardianship over him, is given under his written application additional unpaid holiday on child nursing, aged three to six years.
Labour Code §127

CASH BENEFITS


Maternity leave benefits


Duration

126 days
Social Security Programs Throughout the World: Europe, 2008: Moldova

Amount

100%
Social Security Programs Throughout the World: Europe, 2008: Moldova
Historical data (year indicates year of data collection)
  • 2009: 100%
  • 2004: One hundred percent
  • 1998: n.a.
  • 1994: n.a.

Financing of benefits

Social security.
Social Security Programs Throughout the World: Europe, 2008: Moldova
Historical data (year indicates year of data collection)
  • 2009: Social security.
  • 2004: Social security
  • 1998: n.a.
  • 1994: n.a.

Parental leave benefits


Duration

After the maternity holiday, mothers are granted a partially paid holiday on child care, until the child reaches the age of three.
§ 124(2)

Financing of benefits

The grant is paid for this period from the budget of the state social insurance.
Labour Code § 124(2)

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

No information available

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

Nursing breaks are not provided for in the legislation.

Nursing facilities

The obligation to have nursing facilities is not covered by the legislation.

HEALTH PROTECTION


Arrangement of working time


Night work

Pregnant women, women who are on postnatal holiday, women having children under the age three can not perform nightwork.
Labour Code §103(5)

Overtime

Engagement in overtime work is not admitted for employees under the age of eighteen, pregnant women, women who are on postnatal holiday, women having children under the age of three.
Labour Code §105

Work on rest days

Engagement of employees in labour activities on the days off is not admitted for employees under the age of eighteen, pregnant women, women who are on postnatal holiday, and women having children under the age of three.

Engagement in work on non-working holidays is not admitted for employees under the age of eighteen, pregnant women, women on postnatal holiday, and women having children under the age of three.
Labour Code §110, 111

Time off for medical examinations

Time off for medical examinations is not provided for.

Other work arrangements

Persons under the age of eighteen, pregnant women, women on postnatal holiday, women having children under the age three, and also persons for whom work in continuous shifts is contra-indicated, according to the medical conclusion are not admitted to perform continuous shift work
Labour Code §318(1)

Dangerous or unhealthy work


General

The employer is responsible to ensure labour safety at the Enterprise.

There is a general prohibition for women on heavy work and work in harmful working conditions, and also on underground work. Exceptions exist related to work on sanitary services and the work which does not demand physical effort.

It is forbidden for women to lift and carry weights, exceeding the limit rates established for them. The list of heavy work, work in harmful conditions, on which women’s work is forbidden, and also the limit rates of loading at lifting and carrying weights are approved by the Government after consultations with patronages and trade unions.
Labour Code §225, §247

Risk assessment


» Transfer to another post

Pregnant women and breastfeeding mothers, according to medical conclusion are given by way of transference easier work, which excludes the influence of adverse production factors, and preserving the average wages on the previous place of work.
Labour Code §250

» Paid/unpaid leave

While solving the problem of granting an easier work, which excludes the influence of hazardous production factors, the pregnant woman should be released from performing labour duties with the preservation of the average wages for all the working days, when she didn’t work.
Labour Code §250

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Refusal in employment or reduction of the size of wages for reasons connected to pregnancy or having children under the age of six, is forbidden. Refusal in employment of pregnant women or person having child under the age of six, or for other reasons should be motivated, the person is informed in writing by the employer during five calendar days from the date of registering the application. Refusal in employment can be appealed against in judicial instance.
Labour Code § 247 (1)

Protection from discriminatory dismissal

Dismissal of pregnant women, women having children under the age of six, and persons who are on child nursing holidays, stipulated by art. 124, 126 and 127 is forbidden,, except for the cases of enterprise liquidation.
Labour Code § 251

Burden of proof

The burden of proof is not covered.

Guaranteed right to return to work

No provisions found guaranteeing women the right to return to work.

Results generated on: 24th April 2024 at 02:43:56.
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