LAW OF THE REPUBLIC OF MOLDOVA

of March 22, 2024 No. 47

About modification of some regulations (updating of the regulatory base in the field of human resources management)

The Parliament adopts this organic law.

Art. I. – In the Law on the Constitutional court No. 317/1994 (Official monitor of the Republic of Moldova, 1995, No. 8, of the Art. 86), with subsequent changes, to make the following changes:

1. Add Article 7 with part (6) the following content:

"(6) the Chairman of the Constitutional court with its activities is helped by personnel of its own office.".

2. Item e) parts (Article 8 to state 1) in the following edition:

"e) according to the law performs the common directorship of activities of the Secretariat of the Constitutional court, appoints to position, changes, stops and stops the office relations of government employees and personnel of office of person who is taking up responsible state position accepts and dismisses other personnel;".

3. Part (Article 34 to state 4) in the following edition:

"(4) the Secretariat of the Constitutional court consists of personnel of office of the Chairman of the Constitutional court to which provisions of the Law on the status of personnel of office of persons who are taking up responsible state positions, No. 80/2010, of government employees to whom provisions of the Law on the state position and the status of the government employee No. 158/2008, and also from the personnel working at contractual basis to which provisions of the labor law are applied are applied are applied.".

Art. II. – In the Law on National Bank of Moldova No. 548/1995 (repeated publication: The official monitor of the Republic of Moldova, 2015, Art. No. 297-300, 544), with subsequent changes to make the following changes:

1. Add the law with Article 24-1 of the following content:

"Article 24-1. Office of the president and Control

service of the president

(1) When implementing the powers the president can be helped by own Office founded according to its decision.

(2) the President can make the decision on organization of Control service of the president.

(3) In departure from Item g provisions) parts (1) articles 27 the president approves internal regulations about the organization and functioning and other internal regulations about the current activities of the Office of the president and Control service of the president.".

2. Add Article 34 with part (2-1) following of content:

"(2-1) V departure from part provisions (2) the president appoints to position and dismisses personnel of the Office and Control service of the president according to provisions of the internal regulations approved by the president.".

Art. III. – Part (3) article 132-3 of the Tax Code No. 1163/1997 (repeated publication: The official monitor of the Republic of Moldova, special release of February 8, 2007), with subsequent changes to state in the following edition:

"(3) the Director of the State Tax Administration is person performing I reply the state position, the Government appointed to position and dismissed according to the proposal of the Minister of Finance.".

Art. IV. – Part (2) Article 6-2 of the Maritime Code of the Republic of Moldova approved by the Law No. 599/1999 (2001, 2), with subsequent changes, to state the official monitor of the Republic of Moldova to Art. No. 1-4, in the following edition:

"(2) the Agency of water transport is headed by the director who is helped by one deputy; they are appointed to position and are dismissed or leave from it according to the law.".

Art. V. – In Article 118 of the Labor code of the Republic of Moldova No. 154/2003 (Official monitor of the Republic of Moldova, 2003, Art. No. 159-162, 648), with subsequent changes, to make the following changes:

add Article with part (4-1) following of content:

"(4-1) If the worker for the valid, documentary confirmed reasons cannot use annual paid leave on which he had the right in the corresponding calendar year, with the consent of this worker the employer shall grant it leave within two years, since the year following after year in which it was granted the right to annual paid leave.

At the end of each calendar year the employer in writing – on paper or in electronic form – informs the worker on the number of cumulative/unused days of annual paid leave, about date of their expiration and suggests the worker to use cumulative/unused days of annual paid leave according to mutually approved schedule. The unreasonable refusal of the worker of use of cumulative/unused days of annual paid leave according to the established schedule is invalid.".

part (to add 5) with words ", according to part (4-1).".

Art. VI. – The second paragraph of Item 45 of the Standard regulations on education and functioning of local and regional councils approved by the Law No. 457/2003 (2003, Art. No. 248-253, 998), with subsequent changes, to exclude the official monitor of the Republic of Moldova.

Art. VII. – In part (2) article 59 of the Code of the Republic of Moldova about science and innovations No. 259/2004 (repeated publication: The official monitor of the Republic of Moldova, 2018, Art. No. 58-66, 131), with subsequent changes, words", appointed according to the regulatory base by the Government according to the proposal of the CEO." shall be replaced with words ", appointed to the state position and exempted from the state position or dismissed from it by the Government according to the law.".

Art. VIII. – In the Law on the state position and the status of the government employee No. 158/2008 (Official monitor of the Republic of Moldova, 2008, Art. No. 230-232, 840), with subsequent changes, to make the following changes:

1. In all text of the law of the word "legislative and regulations" shall be replaced with words "regulations" in the corresponding case.

2. To add article 2 after the concept "government employee" with the concept "government employee of reserve" of the following content:

"the government employee in reserve – physical person with which employment relationships are stopped in connection with dismissal or resignation from the state position and which is included in personnel reserve of government employees;".

3. Part (2) articles 4 after words of "State Tax Service", to add with the words "Services according to the Prevention and Anti-money Laundering, National Authority on Integrity".

4. In Article 5 of the word "and loyalty." shall be replaced with words ", loyalty and integrity.".

5. In Article 8:

Item c) parts (to state 2) in the following edition:

"c) the deputy secretary general of the Government, the secretary general of the ministry, the deputy secretary general of the ministry, the deputy manager of other central administrative authority subordinated to the Government, and the deputy manager of the administrative authority subordinated to the ministry, except as specified, directly provided by the law;";

add Article with part (4-1) following of content:

"(4-1) Within 18 months from the moment of appointment to the highest leading state position person holding the corresponding position shall receive the certificate on the termination of the specialized program of preparation for occupation of the highest leading state position according to the procedure established by the Government.";

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