of November 23, 2018 No. 270
About single system of compensation in the budget sphere
The parliament adopts this organic 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.
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).
(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.
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 within no more than 60 calendar days in connection with disease or injury, stay in educational leave, leave non-paid sending out on business on other place of employment or is during the term established by the law on maternity leave, on cases when for workers the place of employment remains, and the office relations are not suspended;
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.
(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.
(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;
f) working conditions;
g) physical and intellectual efforts.
(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.
(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.
(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.
(4) the Form and procedure for maintaining register affirm the Government.
(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.
(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:
- 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;
- one-time awards;
– annual bonus.
(3) In departure from part provisions (1) the monthly salary of persons who are taking up responsible state positions and 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.
(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.
No. 130 voided according to the Law of the Republic of Moldova of 12.07.2020
(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 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.
(16) the Size of annually approved base rate cannot be less, than in previous year.
(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.
(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.
(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.
(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.
(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.
(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;
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 - 60 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, and 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.
(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.
(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.
(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 the salary for unit of time or day rate.
(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.
(1) as a part of budget unit in which it works the personnel of budget units can receive the allowance at the rate to 75 percent of base pay established by the head of budget unit For participation in the projects of development financed from external sources.
(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.
(1) the Personnel of budget units can get one-time awards in connection with professional holidays and on the occasion of non-working holidays which are paid for the account of economy of the funds allocated for compensation in the corresponding year, but no more than 5 percent of the annual salary fund at the level of budget unit.
(2) the Size of one-time award in each separate case shall not exceed base pay of the awarded person.
(3) With observance of provisions of parts (1) and (2) this Article one-time awards can be appointed also as measures of the stimulating nature if they are provided by special laws.
(1) the Personnel of budget units can get annual bonus by results of activities in reporting year in proportion to time which is actually fulfilled in the corresponding year.
(2) Indicators and the size of awards to heads of budget units are established by higher body. The maximum size of awards of heads cannot exceed 50 percent of base pay.
(3) the Annual bonus is not appointed to workers who within year inefficiently or inadequate image performed professional activity or were exposed to authority punishment, for action of the authority punishment imposed on the worker in reporting year.
(4) For purpose of annual bonus fund of compensation at the rate to 50 percent of base pay of persons having the right to annual bonus is used.
(5) the Procedure for purpose of annual bonus is established by the Government.
(1) during temporary fulfillment of duties person who is temporarily taking up executive position has the right to the base pay corresponding to this position established according to Article 12, and other payments corresponding to this executive position.
(2) If the monthly salary on position which temporary execution provides person below the monthly salary on position at which it worked earlier, person remains the monthly salary on the main position.
(3) Temporary execution of executive position is performed by temporary appointment of the worker corresponding to specific conditions for replacement of the corresponding executive position from its written consent if special laws do not provide other.
(3-1) is not recognized temporary fulfillment of duties the situation when the executive position is temporarily taken up by the deputy of person holding this position.
(4) Temporary execution of executive position can be provided no more than six months and can be prolonged from written consent of person providing fulfillment of duties for six months if special laws do not provide other.
(1) Vacant and temporarily vacant positions which did not manage to be replaced on tender can be replaced in combination with the worker of the same or other budget unit provided that the working schedule established for the combined position does not match the working schedule on the main position.
(2) the Main working conditions of workers in the mode of combining jobs are regulated by the Labor code of the Republic of Moldova if special laws do not provide other.
(3) Specific working conditions in combination for certain employee categories are provided in appendices to this law.
(4) Compensation of the workers working part-time is performed in accordance with the terms, provided by this law for other workers of the corresponding unit, for actually performed work or actually worked time.
(1) Surcharges for combination of fulfillment of duties of post and vacant, temporarily vacant or temporary free position are established to personnel of the leading and executive positions by the administrative act of the head of budget unit during month under report within economy of means from the salary fund of budget unit. The amount of the specified surcharges shall not exceed 100 percent of the base pay corresponding to the I step of the compensation established according to Article 12 for vacant or temporarily free position.
(2) In case of combination of fulfillment of duties by several workers the amount of surcharge for combination is established in proportion to amount of the work performed by each of them within the base pay established for the combined position. The list of the combined professions is not limited.
(3) Except for the cases established by this law combination of obligations of other positions within duration of working hours to heads of budget units, including deputies, and to the faculty is not allowed.
(4) surcharges for fulfillment of duties of vacant, temporarily vacant or temporarily free executive positions are not paid to Regular deputies.
(5) If the worker who is not the regular deputy manager fulfills duties of vacant, temporarily vacant or temporarily free executive position, including responsible state positions, the monthly salary determined according to the law for position of the absent head is paid to the worker.
Payment of idle time is made in the amount of the base pay of personnel established for date of the announcement of idle time, but it is not lower than a minimum wage in the budget sphere, provided by part (2) Article 27.
(1) On the date of entry into force of this law the personnel of budget units are distributed on positions, the compensation steps, classes of compensation and coefficients of compensation established in appendices to this law according to group of occupations which the corresponding position enters.
(2) Distribution of personnel is performed by the administrative act of the head of budget unit and is told each worker in writing under list.
(3) the Administrative act told workers shall contain information relating to the corresponding position: the name of position, the compensation step corresponding to it class of compensation and coefficient of compensation, the size of the established base pay and, on circumstances, the allowance for professional level.
(4) If the position which the worker holds in the month preceding entry into force of this law is absent in appendices to this law, distribution of this worker is made by assimilation of the position which is earlier held by it from one of the positions included in the specified appendices.
(5) Temporary placement of the assimilated position in scale of compensation is performed according to the offer of budget unit by the administrative act of the Ministry of Finance before entering of necessary changes into this law.
(1) the Base pay in case of promotion, transfer, the sending out on business/direction in business trip of personnel of budget units is established according to the compensation coefficients appropriated to the corresponding positions taking into account compensation step.
(The personnel get 2) in case of sending out on business/a referrals in business trip in addition to base pay and other payments provided to personnel of budget unit in which it is recalled/is sent to business trip, according to provisions of this law.
(3) If owing to the sending out on business/direction in business trip the monthly salary established to personnel appears below that which it received to the sending out on business/direction in business trip, the wage differential is paid to the personnel which are recalled/sent to business trip.
(4) Compensation during sending out on business is made according to provisions of Article 72 of the Labor code No. 154/2003.
(5) Compensation of personnel in the period of the direction in business trip is performed by the budget unit which sent to business trip.
(1) In case for certain workers from personnel of budget units the monthly salary calculated since December 1, 2018 for position with normal duration of working hours is less than average monthly salary calculated before entry into force of this law it the wage differential is paid.
(2) In case for certain workers from personnel of budget units owing to application of this law the monthly salary calculated since December 1, 2018 for position with normal duration of working hours exceeds the average monthly salary calculated before entry into force of this law and less than 2200 lei constitute, compensation payments are paid to them. Compensation payment is determined by difference between the amount of 2200 lei and the monthly salary calculated according to this law and is subject to recalculation in proportion actually to worked time.
(3) In case for certain workers from personnel of legal entities whose status is changed by the Law on modification of some legal acts No. 140/2018, the salaries calculated owing to application of this law below the average monthly salaries calculated before change of the status to them payment of wage differential is guaranteed.
(4) the Procedure of payments of the average monthly salary considered for establishment of wage differential and compensation payments according to this Article is established by the Government.
(5) the Guarantees provided by parts (1) - (3), are applied to the activities period in the corresponding budget unit in the same or higher position.
(6) Provisions of this Article are not applied to government employees, including with the special status working in the bodies responsible for administration of the tax and customs income.
No. 175 voided according to the Law of the Republic of Moldova of 19.12.2019
(1) In the first years of application of this law for separate employee categories the base rates departing from general meaning can be used.
(3) to the Government in six-months time from the date of entry into force of this law:
a) provide to Parliament of the offer on reduction of the current legislation according to this law;
b) bring the regulations into accord with this law and adopt the regulations necessary for execution of this law.
(4) From the date of entry into force of this law to recognize invalid:
a) The law on wages system in the budget sphere No. 355/2005;
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