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LAW OF THE REPUBLIC OF MOLDOVA

of February 23, 2018 No. 22

About procedure for accomplishment by time-workers of odd unskilled works

(as amended of the Law of the Republic of Moldova of 07.07.2022 No. 160)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Sphere of regulation

(1) In departure from provisions of the Labor code of the Republic of Moldova No. 154/2003 this law regulates method of accomplishment by time-workers of odd unskilled works.

(2) Provisions of this law are applied in relation to beneficiaries of works in agricultural industry.

(3) In case of application of provisions of this law any kinds of discrimination on signs of race, skin color, nationality, ethnic or social origin, language, religion or beliefs, sex, age, limited opportunities, infectiousnesses by HIV infection/AIDS, views are prohibited, to political, trade-union affiliation, and also on the basis of any other similar sign.

Article 2. Basic concepts

For the purpose of this law the following basic concepts are used:

odd unskilled works – types of activity which do not require special knowledge or skills, carried out sporadic, accidentally;

the beneficiary of works (further – the beneficiary) – the company or the organization with the status of legal entity or physical person, irrespective of type of property and form of business for which time-workers perform odd unskilled works;

the register of accounting of time-workers (further – the Register of accounting) – the register constituted according to the sample provided in appendix 1, used for accounting of time-workers, issued by territorial inspection of work for a fee;

payment of the time-worker – the sum of money paid to the time-worker for accomplishment of odd unskilled works;

the time-worker – the able-bodied physical person – the citizen of the Republic of Moldova, the foreign citizen or the stateless person which carries out for the beneficiary for certain payment odd unskilled works.

Article 3. Area of accomplishment of odd unskilled works

The odd unskilled works corresponding to the types of activity listed in Section 01 of the Qualifier of types of economic activity of the Republic of Moldova can be carried out only in agricultural industry.

Chapter II. Accomplishment by time-workers of odd unskilled works

Article 4. Conditions of accomplishment of odd unskilled works

(1) the Relations between the time-worker and the beneficiary are established at will of the parties on conditions, stipulated in Article 1, without the conclusion of the individual employment contract in writing.

(2) the Daily duration of accomplishment of odd unskilled works cannot exceed eight hours. Persons aged from 16 up to 18 years can perform work no more than seven hours, and persons aged from 15 up to 16 years – five hours.

(3) Persons aged from 15 up to 16 years can perform odd unskilled works as the time-worker only from written consent of parents or their legal representatives if it does not do harm to their health, development, educational process and professional training.

(4) accomplishment of odd unskilled works Is forbidden at night by persons specified in part (3).

(Working hours of the time-worker shall not exceed 5) 40, 35 or 25 hours a week, depending on age of the time-worker.

(6) Any time-worker cannot perform works for the same beneficiary in total more than 120 days within one calendar year.

(7) Foreigners and stateless persons can perform odd unskilled works after receipt of the residence permit.

(8) Persons registered as the unemployed can perform odd unskilled works according to the conditions provided by this law without removal from accounting on these bases.

Article 5. Maintaining Register of accounting

(1) For the purpose of accounting of time-workers the beneficiary registers all time-workers in the Register of accounting on separate pages in chronological procedure.

(2) the Beneficiary represents to the 15th day of every month of territorial inspection of work around which activities it is located the statement from the Register of accounting containing records for the last month on paper or electronically according to provisions of the Law on the digital signature and the electronic document No. 91/2014.

(3) the State Labour Inspection establishes the electronic register completed on the basis of the statement from the Register of accounting provided by the beneficiary for the purpose of ensuring control of observance of the labor law and approval of activities for control in the field of health protection and labor safety.

(The Maximum storage duration of information in the electronic register constitutes 4) five years. After this term information from the electronic register is destroyed.

(5) Receivers of information from the Register of accounting containing personal data are beneficiaries, time-workers and State Labour Inspection.

(6) the State Labour Inspection provides confidentiality of personal data from the Register of accounting.

(7) Subjects of legal relations in the field of the Register of accounting are:

a) owner of the Register of accounting;

b) owner of the Register of accounting;

c) holder of the Register of accounting;

d) registrar and subregistrar;

e) supplier of data of the Register of accounting;

f) receiver of data of the Register of accounting.

(8) Storage, use and management of personal data after completion of transactions on their processing are performed according to the Marine life protection act of personal data No. 133/2011.

Article 6.

No. 160 voided according to the Law of the Republic of Moldova of 07.07.2022

Article 7.

No. 160 voided according to the Law of the Republic of Moldova of 07.07.2022

Article 8. Compulsory medical insurance

From the income, the odd unskilled works got by the time-worker from accomplishment, the fees of compulsory medical insurance established as a percentage of the salary do not keep.

Article 9. Compensation of the time-worker

(1) the time-worker receives payment which amount is established by direct negotiations between the parties, in accordance with the terms, provided by part (2) For accomplishment of odd unskilled works.

(2) the time-worker receives payment which amount cannot be below the guaranteed minimum size of the salary in the real sector calculated for the eight-hour working day For the performed work. From the sum of money paid to the time-worker the income tax according to the rate established by the Tax code for physical persons and fees of compulsory social insurance according to the rate established By the law about the state system of social insurance No. 489/1999 keeps.

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