LAW OF THE REPUBLIC OF MOLDOVA

of November 23, 2018 No. 270

About single system of compensation in the budget sphere

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject and purpose of the law

(1) This law regulates establishment of single system of compensation in the budget sphere and is general basis which includes the principles, rules and procedures of establishment of the salary in the ratio with hierarchy of positions in the budget sphere.

(2) the Purpose of this law consists in providing transparent, fair, attractive, manageable wages system of personnel of the budget sphere which is capable to reflect and reward result and within which the base pay is basic element of remuneration of personnel.

(3) the Procedure and payment terms of work of personnel of the budget sphere are subject of exclusively this law and cannot be subject of regulation of other regulations except for following from the relevant law.

Article 2. Scope

Provisions of this law are applied to persons who are taking up responsible state positions, government employees including with special status, persons holding positions with special status in the field of national defense, state security and public order, other personnel working at basis of the individual employment contract in the budget bodies / organizations financed completely from the government budget or local budgets, and also personnel of National cash desk of social insurance (further - budget units).

Article 3. Principles of single system of compensation

(1) the Wages system regulated by this law is based on the following principles:

a) rule of law according to which the salary is established with observance of provisions of this law;

b) nondiscriminations, justice and coordination in sense of ensuring single approach and equal remuneration for equivalent work;

c) hierarchization depending on responsibility, complexity and the importance of the performed activities determined by means of assessment of positions in the budget sphere;

d) transparency according to which the mechanism of establishment of the salary and other rights in the field of compensation belongs to information which is of public interest;

e) payments by result, assuming wages increase of person across without its increase in position on the basis of system of accurate and objective assessment of results;

f) financial stability in sense of establishment of the pay level of work of personnel of budget units with observance of framework of the resources provided by budgets components of the national public budget.

(Provisions of this law provide 2):

a) reduction of wages system of personnel of budget units in compliance with the importance, responsibility, complexity of activities and the education level required for activities implementation;

b) fixing of base pays as the main element of monthly remuneration;

c) creation on the basis of assessment of positions of hierarchy of base pays both between spheres of activity, and in one sphere of activity;

d) the right of local authorities of the public power to regulate and manage work payment procedure at the local level according to this law, under the responsibility and in local public interests.

Article 4. Basic concepts

For the purposes of this law the following concepts are determined:

group of occupations - group of the positions corresponding to certain sphere of activity, and positions, general for all spheres of activity;

subgroup of positions - category of the positions relating to certain group of the occupations united according to set of criteria which reflect the hierarchical level, the required education level, level of complexity of tasks and level of responsibility;

compensation scale - form of hierarchization of base pays on positions and qualification categories. The scale of compensation is structured on the pay levels of work and classes of compensation;

the work pay level - certain level in compensation scale to which there corresponds the range of classes of compensation with set of coefficients of compensation covering group of positions of similar value according to the hierarchy received owing to assessment of positions which assume implementation of the types of activity comparable from the managerial and/or operational point of view;

professional level - the class rank, military (special) rank, special rank and diplomatic rank provided according to the current legislation;

compensation coefficient – the numerical expression corresponding to compensation class. On the basis of this coefficient the base pay on each position is calculated;

compensation coefficient – the numerical expression corresponding to compensation class. On the basis of this coefficient the base pay on each position is calculated;

similar position - the position of the same type as a part of the same or other budget unit assuming the same conditions concerning education, level of responsibility, complexity and working conditions;

temporarily free position - position which owner is absent from work during the period up to 60 calendar days in the following cases: in connection with disease or injury, stay in educational leave, leave non-paid, sending out on business on other place of employment or during the term established by the law in case of maternity leave when for the worker the workplace remains and the office relations are not suspended;

vacant position - the free, not having the owner position;

temporarily vacant position - position with which owner the office relations are suspended / the individual employment contract or the owner of which is recalled or, on circumstances, provides temporary execution of the leading state position;

compensation step - the level of base pay on position correlated to length of service;

base pay - component of the fixed part of monthly remuneration to which the personnel of budget units according to the compensation class established depending on qualification category, length of service, level of budget unit in which activities, according to appendices to this law are performed have the right;

the monthly salary - the money payment including base pay and all allowances, awards, other payments, additional to base pay, according to each category of personnel of the budget sphere;

the register of positions of the budget sphere - the nomenclature classifying positions by groups of occupations and subgroups of positions depending on specifics of activities for each position;

compression coefficient - ratio between the minimum and maximum value of base pay in the budget sphere;

base rate - the value corresponding in compensation scale to coefficient of compensation of 1,00.

Article 5. Coordination of implementation of single system of compensation

(1) Coordination of process of implementation and assessment of state policy in the field of compensation in the budget sphere belongs to the sphere of competence of the Ministry of Finance.

(2) the Main powers of the Ministry of Finance in the field are:

a) coordination and monitoring of uniform implementation of single system of compensation in the budget sphere;

b) development/coordination of drafts of the regulations concerning compensation of personnel of budget units;

c) the analysis of offers on change of scale of compensation, hierarchy of positions in groups of occupations and other elements of single system of compensation with attraction in need of specialists from the respective areas.

Article 5-1. Ensuring transparency of compensation of some categories of personnel

Bodies of the public power annually till May 1 publish on official web pages the total amount of the payments for compensation (the monthly salary, benefits, compensation etc.) received in previous year by persons who are taking up responsible state positions, personnel of office of persons who are taking up responsible state positions, the state employees-upper managers, the state employees heads who are heads, and is equal also deputy managers of bodies of the public power, and also heads and deputy managers of subordinated public organizations.

Chapter II Classification of positions in the budget sphere

Article 6. Classification system and estimates of positions in the budget sphere

(1) the Classification system and estimates of positions in the budget sphere aims at categorization of positions of the budget sphere on groups of occupations and subgroups of positions depending on sphere of activity, and also establishment of their hierarchy.

(2) Assessment of the positions included in the register of positions of the budget sphere, their hierarchization and equating for the purpose of establishment of base pays both between groups of occupations and in one group, are based on the following main criteria:

a) education, knowledge and experience;

b) complexity, creativity and variety;

c) responsibility for decision making;

d) management, coordination and implementation of supervision;

e) communication;

f) working conditions;

g) intellectual and physical efforts;

h) incompatibility and special situations.

(3) Systematic assessment of positions is performed by the Ministry of Finance at least once in five years.

(4) the Procedure for systematic assessment of positions and the procedure of revaluation are established by the order of the Government.

(5) the Description and detailed determination of evaluation criteria affirm the order of the Minister of Finance.

Article 7. Register of positions of the budget sphere

(1) the Register of positions of the budget sphere includes eight groups of the occupations corresponding to spheres of activity in the budget sphere, coded by letters as follows:

1) Public administration (And);

2) Justice (B);

3) National defense (C);

4) Public order and state security (D);

5) Education and researches (E);

6) Culture, youth and sport (F);

7) Public assistance and health care (G);

8) Complex positions (H).

(2) Each group of occupations includes several subgroups of the positions grouped in number of general signs. Subgroups of positions are coded on letter, the corresponding group of occupations, and have the corresponding sequence number.

(3) In each subgroup of positions the positions corresponding to this category are concretized, to each of which there corresponds the unique digital code.

(4) Groups of occupations, subgroups of positions and position of the budget sphere included in the register specified in part (1) this Article, are described in appendices 3-10.

(5) the Body of the public power responsible for maintaining the register of positions of the budget sphere, the Ministry of Finance is.

Article 8. The register of accounting of positions at the level of budget unit

(1) Each budget unit conducts the register of personnel of budget unit (further - register) reflecting categories of positions according to system of codification of the register of positions of the budget sphere specified in Article 7.

(2) the Register includes the following information categories for each position:

a) identification data of each person (name, personal digital code);

b) date of acceptance/job placement in budget unit;

c) code of position and the job title according to appendices to this law;

d) code according to the Qualifier of occupations of the Republic of Moldova;

e) professional level and/or, on circumstances, qualification category;

f) length of service and step of compensation;

g) class of compensation and coefficient of compensation;

h) the base pay determined according to this law;

i) name and size of allowances, and also other information necessary for accounting of personnel.

j) ceased to be valid;

k) ceased to be valid.

(3) Voided.

(4) the Form and procedure for maintaining register affirm the Government.

Chapter III Elements of wages system

Article 9. Compensation scale

(1) the compensation Scale in the budget sphere provides establishment according to hierarchy of positions of base pay on each position.

(2) the compensation Scale given in appendix 1, includes the work pay levels, classes of compensation and coefficients of compensation.

(The compression Coefficient for base pays in the budget sphere makes 3) 1 to 15.

Article 10. Components of the monthly salary

(1) the Monthly salary of personnel of budget units for the activities performed at the normal duration of the working hours established by the law consists from:

a) the fixed part including:

- the monthly allowance in the fixed size;

- base pay;

- the monthly allowance for professional level;

- the monthly allowance for scientific and/or scientific and pedagogical rank;

- the monthly allowance for honorary title;

b) the variable part including:

- the allowance for achievements;

- special allowances.

(2) In addition to specified in part (1) the personnel of budget units have, on circumstances, the right on:

- compensatory allowances for work in adverse conditions;

- overtime bonuses, work at night and/or work in non-working holidays and/or the days off;

- the allowance for participation in the projects of development financed from external sources;

- the allowance for accomplishment of priority tasks in the context of implementation of requirements for accession to the European Union;

- compensatory allowance for work in the conditions of the increased risk for health;

- the allowance for increase in institutional capacity of the united bodies of local public authority;

– the allowance for increase in managerial and professional potential of personnel of local authorities of the public power of the first level;

- one-time awards;

– annual bonus.

(3) In departure from part provisions (1) the monthly salary of persons who are taking up responsible state positions except for of the director of the State Tax Administration, the director of Customs Service, the director Organa of civil aviation and the director of the Agency of cybernetic safety, and also personnel of office of persons who are taking up responsible state positions consists of the fixed part and the payments listed in part (2) if these payments are not consequence of the types of activity recognized by special laws incompatible.

(3-1) V departure from part provisions (1) the monthly salary of persons who are taking up responsible state positions as a part of Service according to the prevention and anti-money laundering, Services of information and safety, the National center for fight against corruption consists of the fixed part, the special allowance and payments specified in part (2) if these payments are not consequence of the types of activity recognized by special laws incompatible.

(4) Terms, frequency and the place of salary payment to personnel of budget units are established according to Article 142 of the Labor code of the Republic of Moldova. Payroll distribution to personnel of budget units is performed by means of government electronic payment service into payment accounts of workers in the procedure established by the Government.

Article 11.

No. 130 voided according to the Law of the Republic of Moldova of 12.07.2020

Article 12. Base pay

(1) the Base pay corresponds to the work done in the mode of full time within a month.

(2) the Base pay is established according to the compensation coefficients provided by appendices 3-10, according to post, the education level, qualification category, scientific degree, length of service or step of compensation according to this law.

(3) the Classes of compensation and coefficients of compensation provided in appendices 3-10, correspond to step of compensation of I and the education level and/or, on circumstances, qualification, necessary for replacement of position.

(4) to Each position there correspond six steps of compensation corresponding to the periods of length of service, except for responsible state positions, positions of personnel of office of persons who are taking up responsible state positions, the state employees-upper managers and heads of budget units irrespective of their status or category of personnel.

(5) the Base pay for persons who are taking up responsible state positions, personnel of office of persons who are taking up responsible state positions, the state employees-upper managers and heads of budget units including deputies irrespective of their status or category of personnel is established according to specified in appendices to this law by class of compensation and coefficient of compensation and with the conditions provided by parts (9) - (12).

(6) compensation Steps according to length of service are:

a) The I step - - corresponds from 0 to 2 years to the compensation class specified for the corresponding position according to appendices 3-10;

b) The II step - from 2 to 5 years - are added to the compensation class provided for the I step two consecutive classes of compensation;

c) III step - from 5 to 10 years - are added to the compensation class provided for the I step three consecutive classes of compensation;

d) The IV step - from 10 to 15 years - are added to the compensation class provided for the I step four consecutive classes of compensation;

e) The V step - from 15 to 20 years - are added to the compensation class provided for the I step five consecutive classes of compensation;

f) The VI step - more than 20 years - six consecutive classes of compensation are added to the compensation class provided for the I step.

(7) Assignment to personnel of new step of the compensation corresponding to length of service is performed by the administrative act of the head of budget unit from the date of the entry into the next period of length of service.

(8) the Procedure for determination of the period of length of service for establishment of steps of compensation affirms the Government.

(9) Persons which did not reach the education level, necessary for replacement of position, receive the base pay provided by this law for the corresponding positions, reduced by five consecutive classes of compensation.

(10) Persons holding position of the vice-president, deputy, regular deputy except for of the positions which are directly specified in appendices 3-10, receive the base pay determined according to this law, reduced by four consecutive classes of compensation in comparison with the compensation class specified for the higher head.

(11) Personnel of budget units of left bank of Dniester, the Saltworks of the area Aneny Noy, the villages of Kopanka and Hadzhimus of the area Keushen, Bender's municipium sat down, and also the personnel from structure of divisions of the Ministry of Internal Affairs and territorial structures of the public assistance in the territory of the area Dubesar receive the base pay determined according to this law, increased by four consecutive classes of compensation.

(12) the Personnel performing activities as a part of delegation of the Republic of Moldova in the Joint control commission during the activities as a part of delegation receive the base pay determined according to this law, increased by two consecutive classes of compensation.

(13) the Base pay is calculated multiplication of the established base rate by the compensation coefficient corresponding to the compensation class for the corresponding position determined according to this law with rounding to 10 lei for benefit of the worker.

(14) the Base rate corresponding to coefficient of compensation of 1,00, is established in the law on the government budget for the corresponding year.

(15) the Base rate is reviewed annually depending on economic country situation and opportunities of the national public budget, taking into account at least the predicted rate of inflation.

(16) the Size of annually approved base rate cannot be less, than in previous year.

Article 12-1. The monthly allowance in the fixed size

The size of the monthly allowance affirms the annual law on the government budget depending on economic country situation and opportunities of the national public budget as the fixed size.

Article 13. The monthly allowance for professional level

(1) the Monthly allowance is paid for professional level in the amount of, specified in appendix 2.

(2) the Monthly allowance provided by part (1), it is paid for actually worked time.

Article 14. The monthly allowance for academic and/or scientific and pedagogical status

(1) the Monthly allowance for academic and/or scientific and pedagogical status is established:

a) in the amount of 1100 lei – to the scientific researchers and managing personnel working in the organizations of the sphere of researches and innovations, to the scientific and pedagogical and managing personnel of system of the higher education having academic status of the habilitirovanny doctor, and/or scientific and pedagogical rank of professor-universitara, and/or academic status of professor-researcher;

b) in the amount of 600 lei – to the scientific researchers and managing personnel working in the organizations of the sphere of researches and innovations, to the scientific and pedagogical and managing personnel of system of the higher education having academic status of the doctor, and/or scientific and pedagogical rank of university konferentsiar, and/or academic status of the konferentsiara-researcher;

c) in the amount of 50 percent of the amounts determined in Items and) and b), – to the personnel from other fields of activity having academic status of the habilitirovanny doctor or doctor of science in the specialty corresponding to job responsibilities.

(2) the Monthly allowance is paid for academic and/or scientific and pedagogical status in proportion to worked time within the normal daily duration of working hours or one academic load from the date of assignment by competent organizations of the academic and/or scientific and pedagogical status confirmed with National quality assurance agency in education and scientific research.

Article 15. The monthly allowance for honorary title

(1) the Monthly allowance for honorary title is established to persons to whom the following honorary titles are given:

a) "Artist al Poporului", "Maestru in Arta" – in the amount of 250 lei;

b) "Emerit", "Om Emerit", "Maestru al Literaturii", "Mester-Faur", "Honoured Master of Sports" – in the amount of 200 lei;

c) "World class master of sports", "The international grand master" – in the amount of 150 lei;

d) "Master of Sports" – in the amount of 100 lei.

(2) the Monthly allowance is paid for honorary title in the form of fixed amount only on principle place of employment and is established only for one, highest rank provided that the receiver takes up position on profile of the activities.

Article 16. The allowance for achievements

(1) the Allowance for achievements is intended for individual stimulation of personnel of budget units to achievement in the activities of optimum results.

(2) For payment of the allowance for achievements funds within 10 percent of the annual amount of base pays on the personnel having the right to the allowance for achievements are annually allocated.

(3) the Allowance for achievements is established monthly according to individual achievements and is paid along with the salary to personnel of budget units, except for technical, support and working personnel to which the allowance for achievements is established without assessment of individual achievements.

(3-1) Ceased to be valid.

(4) the Allowance for achievements is not identified to persons who underwent to authority punishment for collection action. In case of cancellation of the administrative act by degree of jurisdiction about imposing of collection on the worker the allowance is established for the period beginning with date of cancellation of collection.

(5) the Procedure for establishment of the allowance for achievements affirms the Government.

Article 17. Special allowances

(1) the Personnel of budget units receive, as necessary, special allowances for groups of occupations or categories of personnel according to the procedure, established by the Government. For the body responsible for implementation of parliamentary control, procedure for purpose of the special allowance affirms Permanent bureau of Parliament.

(The Annual amount of the special allowances entering variable part of the monthly salary shall not exceed 2):

a) for personnel of education, researches, culture, youth, sport, the public assistance - 10 percent of the annual amount of base pays for the personnel having the right to the special allowance;

b) for personnel of the sphere of national defense, state security and public order - 20 percent of the annual amount of base pays for the personnel having the right to the special allowance;

b-1) in departure from Item b provisions) for personnel of the sphere of national defense, state security and the public order participating in special events for fight against terrorism - 120 percent of the annual amount of base pays for the personnel having the right to the special allowance;

b-2) for personnel of the competent authority at the national level in the field of cyber security appointed based on the Law on cyber security No. 48/2023, – 120 percent of the annual amount of base pays for the personnel having the right to the special allowance;

b 3) in departure from Item b) for personnel of the National center for fight against corruption participating in actions for the prevention and fight against corruption – 30 percent of the annual amount of base pays for the personnel having the right to the special allowance;

c) for the medical personnel including holding the state positions with special status, medical bodies / organizations / structures, the Center of forensic medicine and organizations of the public assistance - 75 percent of the annual amount of base pays for the personnel having the right to the special allowance;

d) for personnel of the body responsible for implementation of parliamentary control, - 40 percent of the annual amount of base pays for the personnel having the right to the special allowance;

d-1) ceased to be valid;

e) for personnel of the body responsible for constitutionality control, - 40 percent of the annual amount of base pays for the personnel having the right to the special allowance;

f) for personnel as a part of the body responsible for activities for information monitoring, strategic communications and fight against misinformation, - 40 percent of the annual amount of base pays for the personnel having the right to the special allowance;

g) for personnel of the bodies responsible for the state supervision and control of national audiovisual space, protection of the competition, and also in the field of road, rail and water transport, in the field of work, health protection and labor safety, non-food products and consumer protection, – 20 percent of the annual amount of base pays for the personnel having the right to the special allowance;

h) for personnel of the body responsible for management, privatization, supervision and control of public property of the state, - 20 percent of the annual amount of base pays for the personnel having the right to the special allowance;

i) for personnel of the body responsible for digitalization in justice and judicial administration, - 20 percent of the annual amount of base pays for the personnel having the right to the special allowance.

(3) For the bodies responsible for management of the tax and customs income and for certification, supervision and control in the field of civil aviation, the limit of special allowances affirms the Government.

Article 18. Compensatory allowances for work in adverse conditions

(1) Compensatory allowances for work in adverse conditions are established depending on degree of harm of the performed work determined by results of certification of workplaces according to time which is actually fulfilled in such conditions.

(2) the Standard activity list and workplaces, and also the specific size of compensatory allowance for work in adverse conditions are established by the Government.

Article 18-1. Compensatory allowance for work in the conditions of the increased risk for health

(1) For work in the conditions of the increased risk for health in the period of emergency, obsidional or warlike situation or during emergency state in the field of public health the compensatory allowance for work in the conditions of the increased risk for health can be provided to personnel of budget units.

(2) the Compensatory allowance for work in the conditions of the increased risk for health is provided according to Article 139-1 of the Labor code of the Republic of Moldova No. 154/2003 at the rate to 100 percent of base pay.

(3) the Specific size of compensatory allowance is established by the head of budget unit depending on amount of work and the professional training level of the personnel performing work in the conditions of the increased risk for health.

Article 19. Overtime bonuses, work at night and work in non-working holidays and/or the days off

(1) For overtime work the personnel of budget units have the right:

a) on the allowance for work over the established working hours or in non-working holidays and/or the days off when implementing the activities corresponding to job responsibilities if overtime fulfilled hours or non-working festive and/or the days off are not compensated other hours/days off according to the special laws / collective agreements / internal regulations;

b) on night work allowance.

(2) the Allowance for work over the established working hours or in non-working festive and/or the days off when implementing the activities connected with job responsibilities is established according to Articles 103-105 of the Labor code of the Republic of Moldova in double size of base pay for unit of time.

(3) part Provisions (2) are not applied to the workers combining positions in the same budget unit.

(4) the Personnel which according to the established working schedule perform activities from 22 to 6 o'clock o'clock in the morning have the right for the hours fulfilled during this period to the allowance in the amount of 50 percent of base pay for unit of time in accordance with the terms, established in Articles 103 and 159 of the Labor code of the Republic of Moldova.

Article 20. The allowance for participation in the projects of development financed from external sources

(1) as a part of budget unit in which it works the personnel of budget units can receive the allowance which size is established by the head of budget unit For participation in the projects of development which are completely financed from non-paid external sources. In case of the projects of development in parts or in full financed from the compensated external sources, the size of the allowance shall not exceed limit in 75 percent of base pay.

(2) the Allowance for participation in the projects of development financed from external sources is provided for the account and within the means provided for compensation in agreements/agreements on financing.

Article 20-1. The allowance for accomplishment of priority tasks in the context of implementation of requirements for accession to the European Union

(1) in the context of implementation of requirements for accession to the European Union the personnel of bodies of the public power can receive the allowance at the rate to 30 percent of base pay For direct participation in accomplishment of priority tasks.

(2) the Procedure for establishment of the allowance for accomplishment of priority tasks in the context of implementation of requirements for accession to the European Union affirms the Government.

Article 20-2. The allowance for increase in institutional capacity of the united bodies of local public authority

(1) the Allowance for increase in institutional capacity of bodies of local public authority is established for personnel of the united bodies of local public authority.

(2) Criteria and conditions of establishment of the allowance for increase in institutional capacity of the united bodies of local public authority affirm the Government.

(3) the Allowance for increase in institutional capacity of the united bodies of local public authority is provided based on the domestic situation approved by the decision of local council.

Article 20-3. The allowance for increase in managerial and professional potential of personnel of local authorities of the public power of the first level

(1) For increase in managerial potential of personnel of local authorities of the public power of the first level, for positions of primar, the deputy of primar and the secretary of local council the monthly allowance in the amount of 50 percent of base pay of the corresponding positions is provided.

(2) For increase in professional potential of the state employees contractors of local authorities of the public power of the first level the monthly allowance at the rate to 50 percent of base pay for the corresponding positions based on the internal regulations approved by the decision of local council can be provided.

(3) the Financial resources necessary for provision of the allowance provided by part (2) this Article, are allocated annually within 50 percent of the amount of own income realized for previous year after accomplishment of the obligations provided by part (5) article 29 of the Law on local public finance No. 397/2003, with observance of the components of the monthly salary provided by part (1) article 10 of this law, and also after application of the corresponding base rate according to the law on the government budget for the corresponding year.

The allowance for increase in professional potential can be provided to the state employees contractors of local authorities of the public power of the first level if they do not earn the reward provided by parts (5) – (8) article 40 of the Law on local public authority No. 436/2006.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info