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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 March 22, 2012 No. 48

About wages system of government employees

(as amended on 26-07-2018)

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject and purpose of the law

(1) This law regulates procedure, conditions and the amount of compensation of government employees.

(2) the Wages system of government employees determines general provisions by application of single standards and procedures in case of establishment of the salary and provides:

a) creation of hierarchy of the salaries on categories of government employees;

b) establishment of the salary depending on the importance, responsibility, complexity and risk of the performed activities, and also depending on professional achievements of government employees;

c) establishment of the transparent and easily applied regulations.

(3) the Purpose of this law consists in creation by the government employee of necessary conditions for effective implementation of the obligations by them and contribution to providing bodies of the public power with competent and motivated staff.

Article 2. Principles of wages system

The wages system of government employees is based on the following principles:

a) rule of law according to which establishment and provision of the rights in the field of compensation are performed according to the current legislation;

b) competitiveness according to which it is necessary to provide equilibration of level of the income from compensation in the public sector with their level in private sector for similar or comparable from the point of view of complexity and responsibility of positions or activities;

c) proportionality according to which the wages system provides establishment and salary payment according to the level of the required competence for occupation of this position, complexity of the performed work and level of responsibility, in accordance with the terms of work and on the basis of general criterions of classification of the state positions;

d) motivations according to which the wages system promotes development of career of government employees according to the law, recognition and remuneration of individual professional achievements;

e) justice and the sequence according to which the wages system creates equal opportunities by regulation of the single principles and regulations of establishment of the salary of government employees;

f) flexibility and adaptability according to which the wages system provides the general and flexible legislation which gives the chance of periodic reduction of the pay level of work of government employees in compliance with development of economy, legislative and institutional changes, and also possibility of the decentralized management of implementation;

g) responsibility according to which contractors of the budget are responsible for observance of the rights of government employees regulated by this law and government employees are responsible for implementation of powers and accomplishment of obligations according to the law;

h) transparencies according to which the mechanism of establishment of the salary and other rights in the field of compensation of government employees is part of information which is of public interest.

Article 3. Scope of this law

Provisions of this law extend to government employees of the bodies of the public power specified in appendix 1 to the Law on the state position and the status of the government employee No. 158-XVI of July 4, 2008 and to government employees with special status from Customs Service and diplomatic service.

Article 4. Administration of wages system

(1) Administration of wages system of government employees is provided with each contractor of the budget within the approved budgetary funds and extreme number of personnel of body of the public power approved according to the current legislation.

(2) For ensuring administration of wages system and career system of public service contractors of the budget have the right to perform redistribution of some positions within structural divisions of body of the public power or between subordinated structures according to the procedure of job development or the translation of the government employee within the approved budgetary funds and extreme number of personnel of body of the public power approved according to the current legislation.

Chapter II Salary of the government employee

Article 5. Structure of the salary

(1) the General salary of the government employee for work within a month at the normal duration of the working hours established by the law, according to the tasks and obligations provided in the job description consists from:

a) official pay rate;

 b) allowances for the class rank, special rank and diplomatic rank;

c) the monthly allowance for efficiency;

d) the stimulating payments.

(2) Voided according to the Law of the Republic of Moldova of 22.12.2016 No. 295

(3) According to the law the government employee also has the right to surcharges for extra work.

Article 6. Official pay rate

(1) For establishment of official pay rates by the government employee depending on tasks and obligations of post 23 pay levels of work provided in appendix 1 are entered.

(2) the Pay level of work is element of wages system on the basis of which the official pay rate of government employees depending on their differentiation according to hierarchy of positions in the corresponding fields of activity is determined.

(3) the work Pay levels on the state positions of bodies of the public power are specified in appendices 2 and 3. The work pay levels for deputy managers of units and divisions which are not specified in appendices 2 and 3, are established one level below, than the work pay levels provided for the corresponding heads. Official pay rates according to the compensation steps provided on the work pay levels specified in appendices 2 and 3, are established for government employees with the higher education. For the personnel which do not have necessary level of training, the official pay rates corresponding to the compensation steps provided on the work pay levels are applied with 0,95 coefficient.

(4) Depending on specifics and conditions of activities the work pay levels provided in appendices 2 and 3, raise:

a) on one level - if the performed activities oblige to keep the state secret concerning the facts, data or documents which became known in connection with accomplishment of service duties;

b) on one or two levels – for the government employees holding positions with control functions (the controller, the controller-auditor, the inspector) and performing activities in the conditions of risk for the health and life working in bodies, given with functions of financial and economic, tax, customs control, control in the fields of the competition, work, social security, social insurance, the prevention and fight against corruption, the prevention and anti-money laundering and financing of terrorism, control of nuclear and radiological activities and response to incidents with nuclear or radioactive materials, control in the field of environmental protection and use of natural resources – for holding the post;

b-1) on two levels – for the government employees performing activities as a part of delegation of the Republic of Moldova in the Joint control commission – for stay as a part of delegation;

c) on three levels - for the government employees performing activities in settlements of left bank of Dniester, in the village Saltworks (the area Aneny Noy) and in the villages of Kopanka and Hadzhimus (area Keushen).

The state positions, procedure and conditions of increase in the pay levels of work provided by this part are established by the Government.

(5) For the purpose of differentiation of official pay rate of the government employee depending on its individual professional achievements within the established pay level of work compensation steps are entered.

(6) Steps of compensation are established as follows:

a) five steps for the work 21-23 pay levels;

b) nine steps for the work 1-20 pay levels.

(Growth of official pay rate from step to step constitutes 7) 7, percent in relation to official pay rate of the first step of compensation for government employees - upper managers and according to percent 5,0 for government employees - heads and contractors.

(8) the I step of compensation is established for the beginning government employees and government employees – the upper managers appointed to position on tender.

(9) Transfer of the government employee on higher step of compensation is made consistently provided that it worked at step of compensation with which it raises, at least one year and its individual professional achievements in year are estimated at least on "well" for increase on IIVI to steps and respectively at least two years for increase on the VII-IX steps.

(10) in case of assessment of individual professional achievements of the government employee on "well" he remains at the same step of compensation.

(10-1) For the translation of government employees according to part (9) funds within 4 percent of the total annual wages estimated proceeding from the official pay rates provided in the staff list on the state positions are annually allocated for higher step of compensation

(11) the Government employee who reached the highest step of compensation (the V step - for government employees - upper managers, the IX step - for government employees - heads and contractors) on appropriate level of compensation, subsequently official pay rates can increase by 5 percent every three years depending on the individual professional achievements estimated on "very well" at least two times for the last three years.

(12) For increase in official pay rates according to the procedure, specified in part (11), funds within 3 percent of the total annual wages estimated according to the official pay rates provided in staff lists are annually allocated, and government employees to whom official pay rates raise are determined annually in February based on results of assessment of individual professional achievements for the last three years. The raised official pay rates affirm the administrative act of the head of body of the public power and are paid since April 1 of the current year.

Article 7. The allowance for the class rank, special rank and diplomatic rank

(1) the Monthly allowance for the class rank, special rank or diplomatic rank is paid in the amount of, provided in appendix 4.

(2) the Monthly allowance for the class rank, special rank or diplomatic rank is paid for time which is actually fulfilled in the state position.

Article 7-1. The stimulating payments

(1) Government employees have the right to annual bonus.

(2) Government employees have the right to one-time awards.

(3) Government employees have the right to the stimulating payments which are made at the expense of the means which are annually allocated within 15 percent of the salary fund estimated proceeding from the official pay rates provided by the staff list of body of the public power, and due to economy of the funds for compensation allocated for the corresponding year, according to the procedure and in accordance with the terms, established by the Government.

(4) the Government employees having authority punishments for the corresponding accounting period have no right to other stimulating payments. In case of suspension of the administrative act by degree of jurisdiction about imposing of collection of payment are made in established by part (3) procedure.

Article 8.

Voided according to the Law of the Republic of Moldova 14.07.2017 No. 153

Article 8-1. The allowance for efficiency of activities

(1) to the Employees of the State Tax Administration, Customs Service and Financial inspection having the status of the government employee including with special status, the monthly allowance for efficiency of activities in relevant organs in the amount of 0,8 to 1,5 of the average monthly salary on economy in prior year is established.

(2) the Procedure and conditions of payment of the allowance affirm the Ministry of Finance.

Article 8-2. Review of the allowance for efficiency of activities

(1) Review of the allowance established according to Article 81 proceeding from the size of the average monthly salary on economy in prior year is performed annually since April 1 within the assignments provided on these purposes in the national public budget.

(2) the Size of the average monthly salary on economy in prior year annually is represented the Ministry of Finance for publication in the Official monitor of the Republic of Moldova.

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