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The document ceased to be valid since  December 1, 2018 according to article 30 of the Law of the Republic of Moldova of November 23, 2018 No. 270

LAW OF THE REPUBLIC OF MOLDOVA

of December 23, 2005 No. 355

About wages system in the budget sphere

(as amended on 08-11-2018)

The parliament adopts this organic law.

Chapter I. General provisions

Art. 1. (1) This law regulates procedure, conditions and the amount of compensation of employees of bodies of public management, the organizations and organizations financed from the national public budget (further - budget units).

(2) Provisions of this law extend to persons holding responsible state positions (except for persons having the status of magistrate), persons performing specific functions on ensuring national defense, state security and public order according to the prevention and fight against corruption, and also persons working at basis of the individual employment contract in budget units.

Art. 2. (1) the Salary of 1 workers of budget units specified in Article (except for persons holding responsible state positions), consists from:

a) the base pay (the tariff charge, official pay rate) established depending on responsibility and complexity of tasks and also from the level of preparation, necessary for post;

b) allowances, surcharges and payments to base pay of the stimulating or compensation nature;

c) awards by results of the current activities, and also award by results of work of budget unit in year.

(2) Along with the salary the financial support provided in the sizes and procedure established by this law can be given to workers of budget units.

Chapter II. System of establishment of base pay

Art. 3. – (1) the Basis of the organization of compensation of workers of budget units is the system of establishment of base pay which includes:

a) Single scale of charges of compensation of workers of budget units (further – the Single scale of charges);

b) the intersectoral indicators of priority differentiated on types of activity.

(2) the Single scale of charges is provided in appendix 1, establishing categories of compensation and base pay according to each category of compensation.

(3) the Base pay according to the categories of compensation given in appendix 1, changes according to the procedure, established by the law.

(4) Intersectoral indicators of priority are component of the Single scale of charges and are applied for the purpose of differentiation of the pay level of work depending on specifics, complexity and the importance of separate industries or types of activity.

Art. 4. The system of establishment of base pay on the basis of the Single scale of charges is not applied to persons holding responsible state positions, to employees of bodies of legislative, executive and judicial authority and also to officers of central offices of bodies of national defense, state security and public order, bodies for the prevention and fight against corruption which compensation is performed according to the procedure, established in Chapters III-V.

Chapter III. Compensation of persons holding responsible state positions and personnel of office of persons who are taking up responsible state positions, and also heads and inspectors on integrity of National authority on integrity, inspectors of Inspection of prosecutors, managements of Audit Chamber, management of service according to the prevention and anti-money laundering and judicial inspectors of Judicial inspection

Art. 5. (1) For the purpose of this law responsible state position is the state position held under the direct mandate received as a result of organized elections or by appointment according to the law.

(2) voided

Art. 6. (1) Persons holding responsible state positions (except for persons having the status of magistrate), have the right to the monthly salary for the activities performed according to provisions of the current legislation established according to appendices 2, 3 and 15, which is the single payment method of their activities.

(2) Voided according to the Law of the Republic of Moldova of 01.07.2016 No. 152

(2-1) For the persons holding responsible state positions, performing activities in the National center for fight against corruption, the total amount of earnings consists of the monthly salary provided by appendix 3, of the allowance for qualification category established according to part (3) Articles 21, of the allowance for special rank established in the amount of, provided in appendix 9, of the allowance provided by part (3) this Article, and the allowance, stipulated in Article 21-1.

(2-2) Persons holding responsible state positions as a part of Service according to the prevention and anti-money laundering and as a part of Central Election Commission receive the monthly salary provided by appendix 3, the allowance for efficiency of activities in the amount of 1,5 of the monthly salary provided by appendix 3, and the allowance provided by part (3) this Article.

(3) For preserving the state secret concerning the facts, data or documents which became known in connection with execution of service duties, persons holding responsible state positions (except for persons having the status of magistrate and the prosecutor), receive the monthly allowance at the rate to 20 percent of monthly salary. The specific size of the allowance is established by the Government.

Art. 7. The salaries specified in Article 6, change the law.

Art. 8. (1) Persons holding responsible state positions are annually given financial support in the amount of one average monthly salary. In case of resignation, response or dismissal of person holding responsible state position because of making of guilty act by it the paid financial support is recalculated in proportion to the stay period in position in settlement year.

(2) Persons holding responsible state positions, and personnel of office of persons who are taking up responsible state positions can be awarded in connection with anniversaries, professional holidays and on the occasion of non-working holidays due to economy of the funds for compensation allocated in the corresponding year. The size of one-time award shall not exceed monthly salary (official pay rate) of the awarded worker.

(2-1) Size of awards on the occasion of anniversaries, professional holidays and non-working holidays for persons holding responsible state positions in bodies of local public authority are established by the decision of executive body of local public authority based on the provision approved by authorized body of local public authority.

(2-2) Persons holding responsible state positions, and personnel of office of persons who are taking up responsible state positions as a part of the Government, the State office, the ministries, other subordinates to the Government of the central administrative authorities have the right to the stimulating payments at the expense of the means which are annually allocated for the stimulating payments according to the legislation on wages system of government employees and due to economy of the funds for compensation allocated to body in the corresponding year less the payments provided and calculated according to part (2). The stimulating payments are paid monthly along with the salary and installed separately for each person holding responsible state position, and for each person from personnel of office of persons who are taking up responsible state positions, as a part of the Government, the State office, the ministries, other subordinates to the Government of the central administrative authorities, in proportion to the monthly salary established in appendix 3, and the official pay rate established in appendix 12, calculated by 3-1 method provided by appendix.

(2-3) Persons holding responsible state positions in bodies of local public authority have the right to the monthly stimulating payments in the amount of 50 percent of monthly salary. The corresponding payments are performed for actually worked time is pro rata to the monthly salary established in appendices 2 and 3, at the expense of the means planned for these purposes in budgets of relevant organs or allocated from the government budget.

(3) Persons holding responsible state positions in bodies of local public authority have the right to the annual award provided on the basis of the decision of competent regional authority, in the amount up to three monthly salaries, paid within 30 percent of the income (except for transfers and grants) received in addition to approved (specified) for the expired financial year, on condition of non-admission on the end of the year of accounts payable with overdue repayment period. This award is provided on the basis of the domestic situation approved by the decision of the relevant local council and is paid in the year following for expired financial year, for the account and within the specified budget for the current year.

Art. 8-1. - (1) the Salary of personnel of office of persons who are taking up responsible state positions consists of official pay rate and the allowance for preserving the state secret according to the existing regulatory base.

(1-1) Personnel of office of persons who are taking up responsible state positions as a part of the State office, the ministries, other subordinates to the Government of the central administrative authorities, have the right to the stimulating payments according to part (2/2) of Article 8.

(2) Official pay rates of the personnel specified in part (1), are given in appendix 12.

(3) the Personnel of office of persons who are taking up responsible state positions have the right to annual financial support in the amount of one official pay rate.

(4) the Personnel of office of persons who are taking up responsible state positions, performing activities in the National center for fight against corruption receive salary supplement, stipulated in Article 21-1.

Art. 8-2. – The salary of the Chairman, his deputy and inspectors on integrity of National authority on integrity includes official pay rate according to appendix 13.

Art. 8-3. – The salary of inspectors of Inspection of prosecutors and judicial inspectors of Judicial inspection includes official pay rate according to appendix 14.

Art. 8-4. - The salary of the chairman, vice-chairman and members of Audit Chamber includes official pay rate according to appendix 15.

Chapter IV. Compensation of employees of degrees of jurisdiction, prosecutor's office and bodies of the central and local public authority which do not have the status of the government employee

Art. 9. – The salary of the workers performing maintenance and providing activities of degrees of jurisdiction, prosecutor's offices, bodies of the central and local public authority includes:

a) official pay rate;

b) the allowances and surcharges connected with specifics of activities;

c) award by results of the current activities.

Art. 10. – Official pay rates of the workers specified in Article 9, are given in appendix 8. Official pay rates for deputy managers of divisions are established 5-10 percent below than the official pay rates provided for the corresponding heads. The specific amount of reduction in the limits set by this Article is determined by the head of budget unit after consultation with the head of the relevant division.

Art. 11. – The allowances or surcharges connected with specifics of activities are established according to the procedure and on conditions, stipulated in Article 30.

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