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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of June 16, 2022 No. 12

About control of constitutionality of Article 3 of h (2) the Law No. 1432 of December 28, 2000 on procedure for establishment and review of minimum wage, Article 27 of h (2) the Law No. 270 of November 23, 2018 on single system of compensation in the budget sphere, the Orders of the Government No. 165 of March 9, 2010 about the guaranteed minimum size of the salary in the real sector and the Orders of the Government No. 550 of July 9, 2014 about establishment of the size of minimum wage over the country (the size of minimum wage) (the address No. 18a/2021 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Liouba Shova presiding

Nikolay Roshka,

Sergey Tsurkan,

Vladimir Tsurkan, judges,

with the assistance of the assistant judge Dmitry Avornika,

in view of the address,

registered on February 1, 2021,

having considered this address in open plenary meeting,

considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree:

Points of order

1. The address brought into the Constitutional court on February 1, 2021 by the deputy of Parliament of the Republic of Moldova Dang Perchong based on Article 135 of h (1) the item and) formed the basis for consideration of the case to the Constitution, Article 25 of the item g) the Law on the Constitutional court and Article 38 of h (1) the item g) the Code of the constitutional jurisdiction.

2. The author of the address asks the Constitutional court to check constitutionality:

- Article 3 of h (2) the Law No. 1432 of December 28, 2000 on procedure for establishment and review of minimum wage;

- Article 27 of h (2) the Law No. 270 of November 23, 2018 on single system of compensation in the budget sphere;

- The orders of the Government No. 165 of March 9, 2010 about the guaranteed minimum size of the salary in the real sector and

- The orders of the Government No. 550 of July 9, 2014 about establishment of the size of minimum wage over the country.

3. Determination of the Constitutional court, without decision in essence, the address was acknowledged acceptable.

4. During consideration of the address the Constitutional court requested opinions of Parliament, the President of the Republic of Moldova, the Government, the Ministry of Labour and Social Protection, National confederation of labor unions, National confederation of patronages and Institute of legal, political and social researches.

5. At open session of the Constitutional court there was author of the address Dan Pertschun, the representative of Parliament Rada Rada and the representative of the Government head of department of legal examination of the Ministry of Finance Andrey Balan.

Applicable legislation

6. Applicable provisions of the Constitution:

Article 1 State Republic of Moldova

"[…]

(3) the Republic of Moldova - the democratic constitutional state in which advantage of the person, its rights and freedom, free development of the human person, justice and political pluralism are the supreme values and are guaranteed".

Article 16 Equality

"(1) the Respect and protection of the personality constitute paramount obligation of the state.

(2) All citizens of the Republic of Moldova are equal before the law and the authorities irrespective of race, nationality, ethnic origin, language, religion, floor, views, political affiliation, property status or social origin".

Article 43 Right to work and protection of work

"(1) Each person has right to work, the free choice of work, fair and satisfactory working conditions, and also right of defense from unemployment.

(2) Workers have work right of defense. Measures for protection concern safety and occupational health, the mode of work of women and youth, establishment of minimum wage in the field of economy, weekly rest, paid leave, work under trying conditions, and also other specific situations.

[…]".

Article 47 Intimate, family and private life

"(1) the State shall take measures for providing to any person of worthy living standards, potrebny for maintenance of health and welfare him and his family, including food, clothes, the dwelling, medical care and necessary social servicing.

(2) Citizens have right to social insurance in case of unemployment, diseases, disability, widowhood, approaches of old age or in other cases of loss of means of livelihood on the circumstances which are not depending on them".

7. Applicable provisions of the Law No. 1432 of December 28, 2000 on procedure for establishment and review of minimum wage:

Article 3 Procedure for Establishment, conditions of determination and review of minimum wage

"(1) the Minimum monthly salary, and also the minimum hour salary estimated proceeding from monthly regulation of working hours are established by the order of the Government after consultations with patronages and labor unions.

(2) the Size of minimum wage is determined proceeding from specific economic conditions, level of the average salary on national economy, and also the predicted rate of inflation.

(3) Need of change of the size of minimum wage is considered by the Government together with patronages and labor unions at least once a year.

(4) Review of the size of minimum wage is performed by the Government after preliminary consultations with patronages and labor unions taking into account change of consumer price index and dynamics of change of the average salary on national economy for the corresponding period, amount of the gross domestic product, labor productivity, and also subsistence minimum in its value term".

8. Applicable provisions of the Law No. 270 of November 23, 2018 on single system of compensation in the budget sphere:

Article 27 of the Guarantee on the salary for personnel of budget units

"[…]

(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.

[…]".

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