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LABOR CODE OF THE REPUBLIC OF MOLDOVA

of March 28, 2003 No. 154-XV

(as amended on 19-03-2021)

The parliament accepts this code.

Section I General provisions

Chapter I Introduction provisions

Article 1. Basic concepts

In this code the following basic concepts are used in value:

the company - the company, organization or the organization with the status of the legal entity irrespective of type of property, form of business and departmental subordination or industry accessory;

the employer - the legal entity (company) or physical person hiring workers based on the individual employment contract signed according to provisions of this Code;

the owner – physical person or legal entity which in the course of reorganization of the company, change of its type of the property or the owner assuming change of the employer loses the legal capacity as the employer concerning the company or its part;

the legal successor – physical person or legal entity which in the course of reorganization of the company, change of its type of the property or the owner assuming change of the employer acquires legal capacity of the employer concerning the company or its part;

the worker - the physical person (the man or the woman) performing the work corresponding to certain specialty, qualification or position, and receiving the salary based on the individual employment contract;

employee representatives - the trade-union body operating, as a rule, at the company according to the current legislation and charters of labor unions, and in case of its absence - other employee representatives of the company elected by them according to the procedure, established by this code (Article 21);

the expectant mother – the woman who in writing informs the employer on the physiological condition of pregnancy also attaches the medical certificate issued by the family doctor or the specialist doctor confirming this condition;

recently given rise woman – the woman who renewed labor activity after postnatal leave and in writing addresses the employer about rendering measures of support, stipulated by the legislation, attaching the medical certificate issued by the family doctor, but no later than six months after the delivery;

the feeding woman – the woman who at the time of renewal of labor activity after postnatal leave nurses the child and in writing informs on it the employer;

the young specialist - the graduate of the highest, average special or average professional educational institution within the first three years after its termination; 

sexual harassment - any form of physical, verbal or nonverbal behavior of the sexual nature wounding dignity of the personality or creating unpleasant, hostile, overwhelming, humiliating or offensive situation;

professional advantage - the comfortable psycho-emotional situation in employment relationships excluding any form of verbal or nonverbal behavior from the employer or other workers which can negatively influence moral and mental integrity of the worker.

Article 2. Regulation of employment relationships and other directly related relations

(1) This code regulates set of individual and collective employment relationships, control of application of regulations in this area, labor jurisdiction, and also other relations which are directly connected with labor.

(2) Action of this Code extends to the employment relationships regulated by the organic laws and other regulations.

(3) In cases when the degree of jurisdiction determines that the civil agreement actually governs employment relationships between the worker and the employer, provisions of the labor law are applied to such relations.

Article 3. Coverage of this Code

Provisions of this Code extend on:

a) workers - the citizens of the Republic of Moldova who are working at the basis of the individual employment contract in the Republic of Moldova, including signed the agreement of continuous professional training or the agreement of professional qualification;

b) workers - the foreign citizens or stateless persons working at the basis of the individual employment contract at the employer performing activities in the Republic of Moldova;

c) workers - the citizens of the Republic of Moldova working in diplomatic representations of the Republic of Moldova abroad;

d) employers - the physical persons or legal entities of the public, private or mixed sector using wage labor;

e) workers of devices of the public, religious associations, labor unions, patronages, funds, batches and other non-profit organizations using wage labor.

Article 4. The legal and other regulations containing regulations of labor right

Employment relationships and other directly related relations are governed by the Constitution of the Republic of Moldova, this code, other laws, other regulations containing regulations of labor right:

a) resolutions of Parliament;

b) presidential decrees of the Republic of Moldova;

c) resolutions and orders of the Government;

d) the acts of work issued by the Ministry of Health, work and social protection, other central industry bodies of public management within the powers delegated by it the Government;

e) acts of bodies of local public authority;

f) regulations at the enterprise level;

g) collective employment contracts and collective agreements; and also

h) international treaties, agreements, conventions and other international acts, one of the parties of which is the Republic of Moldova.

Chapter II Basic principles

Article 5. Basic principles of regulation of employment relationships and other directly related relations

Proceeding from rules of international law and according to the Constitution of the Republic of Moldova the basic principles of regulation of employment relationships and other directly related relations are:

a) freedom of work including right to work which everyone freely chooses or to which agrees without coercion, the right to dispose of the capabilities to work, to choose profession and occupation;

b) prohibition of forced (obligatory) labor and discrimination in the sphere of employment relationships;

c) protection against unemployment and assistance in employment;

d) providing the right of each worker to the fair working conditions including meeting the requirements of health protection both labor safety, and rights to rest including regulation of duration of working hours, provision of annual paid leave, daily rest, output and non-working holidays;

e) equal rights and opportunities of workers;

f) guaranteeing the right of each worker on timely, in complete size and the fair pay of work providing it and his family worthy existence;

g) ensuring equality of workers, without any discrimination, in case of promotion on work taking into account labor productivity, qualification and length of service in the specialty, and also in case of professional training, retraining and advanced training;

h) providing the right of workers and employers on consolidation for protection of the rights and interests, including the rights of workers to consolidation in labor unions and membership in them and the rights of employers to consolidation in patronages and membership in them;

i) providing the right of workers to the participation in enterprise management performed in the forms provided by the law;

j) combination of the state and contractual regulation of employment relationships and other directly related relations;

k) obligation of full recovery the employer of the material and moral damage caused to the worker in connection with execution of labor obligations by it;

l) establishment of the state guarantees of providing rights of workers and employers, and also control of their observance;

m) providing right of each worker to protection of the labor rights and freedoms, including rights to the direct appeal to supervision bodies and control, bodies of labor jurisdiction;

n) providing the right to permission of individual employment disputes and collective labor disputes, and also the rights to strike according to the procedure, established by this code and other regulations;

o) obligation of the Parties of collective and individual employment contracts to comply with contractual conditions, including the right of the employer to demand from workers of execution by them of labor obligations and careful attitude to property of the employer and respectively the right of the worker to demand from the employer of accomplishment of its obligations in relation to workers, the observance of the labor law and other acts containing regulations of labor right;

p) providing the right of labor unions to exercise public control over observance of the labor law;

r) providing the right of workers to protection of honor, advantage and professional reputation in the period of labor activity;

s) guaranteeing right to compulsory social and medical insurance of workers.

Article 6. Not restriction of right to work and freedom of work

(1) Freedom of work is guaranteed by the Constitution of the Republic of Moldova.

(2) Everyone is free in the choice of place of employment, profession, occupation or activities.

(3) Nobody can be shall work or not work throughout all the life at certain workplace or by certain profession whatever they were.

(4) Any transaction made with violation of provisions of parts (1), (2) and (3), is invalid.

Article 7. Prohibition of forced (obligatory) labor

(1) Forced (obligatory) labor is forbidden.

(2) Forced (obligatory) labor means any work or any service to which person is forced or on which it did not give the consent.

(3) use of forced (obligatory) labor in any form Is forbidden, namely:

a) as measure of political or educational impact or measure of punishment for support or expression of the political views or beliefs opposite to the installed political, social or economic system;

b) as means of mobilization and use of labor power for needs of economic development;

c) as instrument for ensuring of labor discipline;

d) as punishment measure for participation in strike;

e) as measure of discrimination on the basis of race, nationality, religion or social position.

(4) treat forced (obligatory) labor:

a) violation of fixed terms of salary payment or its payment not in complete size;

b) the requirement of the employer of execution by the worker of labor obligations in the absence of systems of collective or individual protection or in case accomplishment of required work can threaten life or health of the worker.

(5) are not considered as forced (obligatory) labor:

a) military service or the activities of persons replacing it which according to the law do not pass obligatory military service;

b) work of the condemned person during imprisonment or in case of parole from punishment, performed in normal conditions;

c) work in the conditions of natural disasters or other danger, and also the work which is part of the regular civil obligations established by the law.

Article 7-1. Prohibition of not declared work

(1) not declared work is forbidden.

(2) not declared work means any work performed by physical person for and under control of the employer without observance of the provisions of this Code relating to the conclusion of the individual employment contract.

Article 8. Prohibition of employment discrimination

(1) Within employment relationships the principle of equality of all workers is effective. Any direct or indirect discrimination of the worker on the basis of sex, age, race, skin color is forbidden, to nationality, religions, political convictions, social origin, the residence, availability of restriction of opportunities, HIV / SPID-infetsirovaniya, memberships in labor union or participations in trade-union activities, and also by other criteria which are not connected with professional qualities of the worker.

(2) establishment of distinctions, exceptions, preferences or the separate rights for the workers caused by the requirements specific to this type of work or provided by the current legislation, or special care of the state of persons needing the raised social and legal protection is not discrimination.

Article 9. Basic rights and worker's obligations

(1) the Worker has the right on:

a) the conclusion, change, suspension of action and termination of the individual employment contract according to the procedure, established by this code;

b) work according to conditions of the individual employment contract;

c) the workplace corresponding to the conditions provided by state standards of the organization, health protection and labor safety, the collective employment contract and collective agreements;

d) timely and in full receipt of the salary according to the qualification, complexity, quantity and quality of the performed work;

e) the rest provided with establishment of normal duration of working hours, the reduced working hours for separate professions and employee categories, provision of the weekly days off, non-working holidays, annual paid leaves;

f) on complete and reliable information about working conditions before employment or transfer to other position;

f-1) on informing and consultation on occasion of economic situation of the company, health protection and labor safety, and also on other questions concerning work of the company according to provisions of this Code;

g) the address to the employer, in patronages, labor unions, bodies of the central and local public authority, bodies of labor jurisdiction;

h) professional training, retraining and increase in the qualification according to this code and other regulations;

i) free consolidation in labor unions, including creation of the trade-union organizations and the introduction in them for protection of the labor rights, freedoms and legitimate interests;

j) participation in enterprise management according to this code and the collective employment contract;

k) conducting collective bargainings and the conclusion through the representatives of the collective employment contract and collective agreements, and also on information on their accomplishment;

l) protection of the labor rights, freedoms and legitimate interests by the methods which are not forbidden by the law;

m) permission of individual employment disputes and collective labor disputes, including the right to strike, according to the procedure, established by this code and other regulations;

n) compensation of the material and moral damage caused to it in connection with execution of labor obligations according to the procedure, established by this code and other regulations;

o) compulsory social and medical insurance according to the procedure, provided by the current legislation.

(1-1) Workers cannot refuse the rights provided by this code. Any agreement directed to refusal of the worker of the labor rights or to their restriction is invalid.

(2) the Worker shall:

a) to honesty fulfill the labor duties provided by the individual employment contract;

b) carry out the established work regulations;

c) follow regulations of the company and to constantly carry in case of itself the personal permission to the admission to workplace issued by the employer;

d) observe labor discipline;

d-1) show non-discriminatory behavior in the relations with other workers and the employer; 

d-2) observe the right of other workers to professional advantage;

e) observe requirements for health protection and labor safety;

f) make thrifty use of property of the employer and other workers;

g) without delay to report to the employer or the direct head about emergence of the situation posing threat of life and to human health or safety of property of the employer;

without delay to report g-1) to the employer or the direct head about impossibility to come to work with representation within five working days after resumption of work of the documents proving absence;

h) pay in accordance with the established procedure fees of compulsory national social insurance and fees of compulsory medical insurance;

i) carry out other obligations provided by the current legislation, the collective employment contract and collective agreements.

Article 10. Rights and obligations of the employer

(1) the Employer has the right:

a) conclude, change, suspend and dissolve individual employment contracts with workers according to the procedure and on the conditions established by this code and other regulations;

b) demand from workers of execution of labor obligations and careful attitude to property of the employer by them;

c) encourage workers for honest and effective work;

d) involve workers to disciplinary and financial responsibility according to the procedure, established by this code and other regulations;

e) publish regulations at the enterprise level;

f) create patronages for the purpose of representation and protection of the interests and to enter them.

(2) the Employer shall:

a) observe the laws and other regulations, conditions of the collective employment contract and collective agreements;

b) comply with conditions of individual employment contracts;

approve and/or change b-1) states of employees of the company in accordance with the terms, established by this code;

c) ceased to be valid;

d) provide to workers the work provided by the individual employment contract;

e) provide to workers of working condition, the health protection meeting the requirements and labor safety;

f) provide workers with the equipment, tools, technical documentation and other means necessary for execution of labor obligations by them;

provide with f-1) to all persons equal opportunities and equal, without any discrimination, approach in case of employment by profession, in case of professional orientation and preparation, in case of promotion on work;  

f-2) apply identical quality criterions of work, application of penalties and dismissal;

f-3) take measures for prevention of sexual harassment on workplace, and also on prevention of prosecution for giving in competent authority of the claim to discrimination;

provide with f-4) equal conditions to women and men for combination of labor activity with family obligations;  

enter f-5) into regulations of the company of regulations on discrimination prohibition to any sign and sexual harassment; 

provide to f-6) respect for professional advantage of workers;

g) provide equal pay for work of equal value;

h) pay in complete size the salary which is due to workers in the terms established by this code, the collective employment contract and individual employment contracts;

i) conduct collective bargainings and sign the collective employment contract, providing to employee representatives complete and reliable information, necessary for its conclusion, and also information necessary for control of its accomplishment;

j) inform and advise workers concerning economic situation of the company, health protection and labor safety, and also on other questions concerning work of the company according to provisions of this Code;

k) to timely carry out instructions of state bodies on supervision and control, to pay the penalties imposed for violations of the legal and other regulations containing regulations of labor right;

l) consider addresses of workers or their representatives concerning violations of the legal and other regulations containing regulations of labor right, take measures for their elimination and inform specified persons on the taken measures in the terms established by the law;

m) create conditions for participation of workers in the enterprise management according to the procedure established by this code and other regulations;

n) provide to workers the sanitary living conditions necessary for execution of the labor obligations by them;

o) perform compulsory social and medical insurance of workers according to the procedure, provided by the current legislation;

p) compensate the material and moral damage caused to workers in connection with execution of labor obligations by them according to the procedure, established by this code and other regulations;

r) fulfill other duties provided by this code, other regulations, collective agreements, collective and individual employment contracts.

Article 11. Normative and contractual regulation of employment relationships

(1) the Minimum level of labor rights and guarantees for workers is established by this code and other regulations containing regulations of labor right.

(2) can be established by Individual and collective employment contracts and collective agreements for workers additional, in addition to the provided by this code and other regulations, labor rights and guarantees.

Article 12. Invalidity of conditions of the individual and collective employment contracts and collective agreements or legal acts published by bodies of public management, the workers worsening situation

Conditions of the individual and collective employment contracts and collective agreements or legal acts published by the bodies of public management specified in Items d) and e) Articles 4, worsening situation of workers in comparison with the labor law, are invalid and have no legal consequences.

Article 13. Priority of international treaties, agreements, conventions and other international acts of work

If international treaties, agreements, conventions or other international acts, one of the parties of which is the Republic of Moldova, other provisions than containing in this code are provided, the international standards have priority.

Article 14. Calculation of the terms provided by this code

(1) the Current of terms which this code origin or the termination of employment relationships contacts begins next day after date which determines origin or the termination of labor rights and obligations.

(2) the Terms estimated for years, months, weeks expire in the corresponding numbers of the last year, month or week of term. In time, estimated in calendar weeks or days, also non-working days join.

(3) If the end of the term estimated for months falls on month with large or smaller number of days in comparison with month from which the current of term began, then day of the expiration the last day of month in which term expires is considered.

(4) If the last day of term falls on non-working day, the first working day following it is considered day of the termination of term.

The Section II Social partnership in the sphere of work

Chapter I General provisions

Article 15. Concept of social partnership

Social partnership - system of relations between workers (employee representatives), employers (representatives of employers) and relevant organs of the public power in the course of determination and realization of the social and economic rights and interests of the parties.

Article 16. Parties of social partnership

(1) the Parties of social partnership at the enterprise level are workers and employers on behalf of their representatives, representatives in accordance with the established procedure.

(2) the Parties of social partnership at the national, industry and territorial levels are labor unions, patronages and relevant organs of the public power on behalf of their representatives, representatives in accordance with the established procedure.

(3) Organa of the public power are the parties of social partnership when they act as employers or their representatives authorized by the law or employers.

Article 17. Basic principles of social partnership

The basic principles of social partnership are:

a) legality;

b) equality of participants;

c) parity of representative office of the parties;

d) polnomochnost of agents of the parties;

e) interest of the parties in participation in contractual relations;

f) observance of regulations of the current legislation by the parties;

g) mutual trust between the parties;

h) assessment of real opportunities of accomplishment of the obligations undertaken by the parties;

i) priority of conciliatory methods and procedures and obligation of mutual consultations of the parties concerning work and social policy;

j) refusal of the unilateral actions violating arrangements (collective employment contracts and collective agreements) and mutual informing on changes of situation;

k) decision making and implementation of actions within the rules and procedures approved by the parties;

l) obligation of accomplishment of collective employment contracts, collective agreements and other arrangements;

m) control over the implementation of collective employment contracts and collective agreements;

n) responsibility of the parties for failure to carry out of the undertaken obligations;

o) creation of favorable conditions by the state for development of social partnership.

Article 18. System of social partnership

The system of social partnership includes the following levels:

a) the national level establishing bases of regulation of social and economic and employment relationships in the Republic of Moldova;

b) the industry level establishing bases of regulation of the relations in the sphere of work and the social sphere in separate industry (industries) of national economy;

c) the territorial level establishing bases of regulation of the relations in the sphere of work and the social sphere in administrative and territorial units of the second level and in municipiums;

d) the enterprise level establishing specific cross liabilities of workers and employers in the sphere of work and the social sphere.

Article 19. Forms of social partnership

Social partnership is performed in the following forms:

a) collective bargainings on project development of collective employment contracts, collective agreements and their conclusion on two - and tripartite basis through agents of the parties of social partnership;

b) participation in consideration of drafts of the regulations and offers concerning social and economic reforms in enhancement of the labor law, ensuring civil conciliation;

c) mutual consultations (negotiations) concerning regulation of employment relationships and other directly related relations;

d) participation of workers (their representatives) in enterprise management;

e) participation of agents of the parties of social partnership in process of extrajudicial permission of collective labor dispute (conciliatory procedure).

Chapter II Employee representatives and employers in social partnership

Article 20. Employee representatives in social partnership

(1) Employee representatives in social partnership are trade-union bodies at the enterprise level, at the territorial, industry and national levels, authorized according to charters of labor unions and the current legislation.

(2) Interests of employees of the company in social partnership during the carrying out collective bargainings, the conclusion, change and amendment of the collective employment contract, control of its accomplishment, and also in case of realization of the participation right in enterprise management represent trade-union body of the company, and in case of its absence - other representatives elected by employees of the company.

(3) Interests of workers in social partnership at the territorial, industry and national levels during the carrying out collective bargainings, the conclusion, change and amendment of collective agreements, permission of the collective labor disputes including concerning the conclusion, change or amendment of collective agreements in case of control of their accomplishment represent the relevant trade-union organs.

Article 21. Elected representatives of workers

(1) the Workers who are not members of labor union have the right to authorize trade-union body to represent their interests in employment relationships with the employer.

(2) At the company where labor unions are not created, interests of workers can be protected by the representatives elected by them.

(3) Workers elect the representatives on general meeting (conference) of workers by poll at least a half from total number of workers (delegates) of the company.

(4) the Number of the elected employee representatives is determined by general meeting (conference) of workers proceeding from the total number of employees of the company.

(5) Powers of the elected representatives of workers, procedure of powers, and also terms and limits of the mandate of representatives are set by general meeting (conference) of workers in the regulation at the enterprise level.

Article 22. Obligations of the employer on creation of conditions for activities of employee representatives in social partnership

The employer shall create conditions for activities of employee representatives according to this code, the Trade union act, other regulations, collective agreements and the collective employment contract.

Article 23. Representatives of employers in social partnership

(1) Representatives of employer to carrying out collective bargainings, the conclusion, change or amendment of the collective employment contract are the director or persons authorized by it according to this code, other regulations and constituent documents of the company.

(2) During the carrying out collective bargainings, the conclusion, change or amendment of collective agreements, and also in case of permission of collective labor disputes concerning their conclusion, change or amendment the interests of employers are represented if necessary by the corresponding patronages.

Article 24. Other representatives of employers in social partnership

The state and municipal companies, and also the organizations and organizations financed from the national public budget can be provided by the bodies of the central and local public authority authorized by the law or heads of these companies, organizations and organizations.

Chapter III of Organa of social partnership

Article 25. Bodies of social partnership

(1) For the purpose of regulation of the social and economic relations in the sphere of social partnership the following structures are created:

a) at the national level - the National commission on consultations and collective bargainings;

b) at the industry level - the industry commissions on consultations and collective bargainings;

c) at the territorial level - the territorial commissions on consultations and collective bargainings;

d) at the enterprise level - the commission on social dialogue the employer - workers.

(2) Creation and activities of the commissions of the national, industry and territorial levels provided by Items a) - c) parts (1), are regulated by the organic law, and the commissions at the enterprise level, stipulated in Item d) parts (1), - the standard provision approved by the National commission on consultations and collective bargainings which is published in the Official monitor of the Republic of Moldova.

Chapter IV Collective bargainings

Article 26. Conducting collective bargainings

(1) Employee representatives and employers have the right to initiate and participate in collective bargainings on development, the conclusion, change or amendment of the collective employment contract or collective agreements.

(2) the Agents of the parties who received the notification in writing with the offer on the beginning of collective bargainings shall enter negotiations within seven calendar days from the date of receipt of the notification.

Article 27. Procedure for conducting collective bargainings

(1) Bargaining agents are free in the choice of the questions regulated by collective employment contracts and collective agreements.

(2) At the companies where part of workers are not members of labor union, these workers can authorize trade-union body to represent their interests at negotiations according to part (1) Article 21.

(3) In case of absence at the company of labor union the representation of interests of workers is performed by the representatives elected by them according to part (2) Article 21.

(4) the Participation right in collective bargainings, signing of collective agreements from employee name at national, industry, territorial level or at the enterprise level belongs to the relevant labor unions (trade union associations). In the presence at the national, industry or territorial level of several trade-union bodies the single representative body for conducting collective bargainings, project development of the collective agreement and its conclusion is created. Forming of representative body is performed on the basis of the principle of pro rata representative office of trade-union bodies depending on the number of members of labor union. In the absence of the agreement on creation of single representative body for conducting collective bargainings the right to their maintaining is granted to labor union (trade union association) uniting the greatest number of members.

(4-1) Participation right in collective bargainings, signing of collective agreements on behalf of employers at national, industry or territorial level belongs to the corresponding patronages. In the presence at the national, industry or territorial level of several patronages the single representative body for conducting collective bargainings, project development of the collective agreement and its conclusion is created. Forming of representative body is performed on the basis of the principle of pro rata representation of patronages depending on the number of his members. In the absence of the agreement on creation of single representative body for the organization of collective bargainings the right to their maintaining is granted to the patronage uniting the greatest number of members.

(5) Voided

(6) the Parties shall provide each other information necessary for conducting collective bargainings not later than in two weeks from the moment of request.

(7) the Bargaining agents, other persons involved in collective bargainings not disclose the acquired information if it is the state or trade secret. Persons which divulged the specified information bear disciplinary, material, administrative, civil or criminal liability according to the procedure, established by the current legislation.

(8) Terms, the place and procedure for carrying out collective bargainings are established by the agents of the parties participating in negotiations.

Article 28. Settlement of disagreements

If during collective bargainings agreed decision on all or on single questions is not made, the protocol of disagreements is constituted. Settlement of the disagreements which arose during collective bargainings according to the conclusion, change or amendment of the collective employment contract or collective agreement is made according to the procedure, established by this code.

Article 29. Guarantees and compensations to bargaining agents

(1) Persons participating in collective bargainings, project development of the collective employment contract or collective agreement are exempted from the main work with preserving the average salary for the term established by the agreement of the parties, but no more than for three months.

(2) All costs connected with participation in collective bargainings are compensated according to the procedure, established by the current legislation, the collective employment contract or the collective agreement. Work of experts, specialists and intermediaries is paid by inviting party if the collective employment contract or the collective agreement does not provide other.

(3) authority punishments cannot be imposed On the employee representatives participating in collective bargainings during their maintaining, they cannot be transferred to other work or are dismissed without preliminary consultation with the trade-union bodies which authorized them.

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