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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 10, 2021 No. 333

About approval of the Regulations on assistance to workers with the reduced operating mode

Based on Article 97-2 of the Labor code of the Republic of Moldova No. 154/2003 (The official monitor of the Republic of Moldova, 2003, Art. No. 159-162, 648), with subsequent changes, DECIDES: the Government

1. Approve Regulations on assistance to workers with the reduced operating mode it (is applied).

2. To the agency of electronic control, the Ministry of Finance and subordinated structures, National employment agency of the population to enter adjustments into information systems for realization of provisions of this resolution.

3. Information center of National employment agency of the population (0 8000 1000) is Item of telephone communication for assistance to employers and workers.

4. Expenses on assistance, provided in Item 1, and on necessary adjustments of information systems of the bodies specified in Item 2, become covered by the financial means allocated from the government budget for these purposes.

5. This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Prime Minister

Natalya Gavrilitsa

Countersign:

Minister of Labour and Social Protection

Marchel Spatar

Minister of Finance

To Dumitr Budyanski

 

Approved by the Order of the Government of the Republic of Moldova of November 10, 2021 No. 333

Regulations on assistance to workers with the reduced operating mode

I. General provisions

1. The regulations on assistance to workers with the reduced operating mode (further - the Provision) establish procedure for assistance to workers with the reduced operating mode (further - the help) established according to Article 97-2 of the Labor code of the Republic of Moldova No. 154/2003.

2. For the purposes of this provision the following concepts are determined:

the reduced operating mode - operating mode with reduced working hours in week no more than by 50% at the enterprise level, established at least for 25% of the actual number of workers at the company;

adverse economic situation - set of the negative circumstances characterizing certain moment of economic development;

difficulties with supply of raw materials or energy - any obstacle in supply of raw materials or energy which do not depend on will of the employer;

extraordinary weather conditions (natural disasters) - the destructive natural and (or) natural and anthropogenous phenomenon from which can result or arises threat of life and to human health, there is destruction or destruction of material values, elements and components of the environment;

other force majeure - the emergency situations determined according to the Order of the Government No. 1076/2010 about classification of emergency situations and procedure for collection and submission of information in the field of protection of the population and the territory in case of emergency situations;

the employee assistance with the reduced operating mode - cash amount, provided from the government budget to workers with the reduced operating mode, based on the statement of the employer, in accordance with the terms of this provision;

restructuring of the company - process of accomplishment of packet of the financial, organizational, operational and legal measures directed to financial and economic improvement of the company based on capitalization, reorganization, changes of structure of assets and production and functional process, and also implementation of other measures which are not contradicting the legislation;

transformation of the company - transfer of the company from one form of business in other form of business;

upgrade of the company - re-equipment, digital transformation of the company.

II. Scope

3. Requirements of this provision are applied to the employers who set for the workers the reduced operating mode in accordance with the terms of Article 97-2 of the Labor code of the Republic of Moldova No. 154/2003 and according to this Provision.

4. The reduced operating mode is set by the employer as follows:

1) unilaterally - in case of emergency, obsidional and warlike situation according to Item m) article 66 of the Constitution of the Republic of Moldova, or in case of emergency state in the field of public health;

2) from written consent of the corresponding workers - in case of adverse economic situation, difficulties with supply of raw materials or energy, extraordinary weather conditions, transformation, restructuring or upgrade of the company or in any other exceptional circumstances.

5. Requirements of this provision are not applied to the following categories of employers:

1) the organizations financed from the budget;

2) employers who suspended activities which are in process of insolvency or liquidation;

3) employers who at the time of filing of application about assistance to workers with the reduced operating mode, have the debt to the national public budget exceeding the amount of taxes on the monthly salary on the company.

6. Requirements of this provision are not applied to workers who:

1) work part-time at the same or other company;

2) were not acquired for the last 24 calendar months preceding registration date of the statement for assistance to workers with the reduced operating mode, at least six-months insurance years of service in system of the national social insurance;

3) work part-time.

7. Requesting of the reduced operating mode in case of the announcement at the company of strike is not allowed.

8. The reduced operating mode can be set for the period up to three months in a row, but not over five months in year.

III. The procedure of request of the reduced operating mode

9. For request of the reduced operating mode the employer fills in the application form under own responsibility, signs and gives it through the Single window of delivery of the electronic reporting - raportare.gov.md.

10. The statement specified in Item 9, shall include the following data:

1) state identification number of the legal entity (IDNO);

2) name of the employer;

3) contact information (phone, e-mail address (e-mail), etc.);

4) legal address of the company;

5) the total number of workers, according to the approved staff list;

6) the number of the workers transferred to the reduced working hours (person);

7) the reason of establishment of the reduced operating mode;

8) expected number, month and year of establishment of the reduced operating mode;

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