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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 26, 2004 No. 426

About approval of the Procedure for calculation of the average salary

(as amended on 27-12-2019)

Based on Art. 165 of the Labor code No. 154-XV of March 28, 2003 and Art. 32 of the Law on compensation No. 847-XV of February 14, 2002. The government DECIDES:

1. Approve the Procedure for calculation of the average salary according to appendix No. 1.

2. Recognize invalid the orders of the Government according to appendix No. 2.

Prime Minister

Vasile Tarlev

Deputy Prime Minister

Valerian Kristya

Minister of Labour and Social Protection

Valerian Revenko

Minister of Economic Affairs

Marian Lupu

Appendix No. 1

to the Order of the Government of the Republic of Moldova of April 26, 2004 No. 426

Procedure for calculation of the average salary

1. The procedure for calculation of the average salary (further - the Procedure for calculation) is applied in case of calculation of the average salary of the personnel working according to the individual employment contract at the companies in the organizations and organizations (further - the companies), irrespective of type of property and form of business.

2. The average salary established according to this procedure for calculation is applied in case of:

to dismissal wage payment;

to payment of the average monthly salary kept for job search;

to payment of holiday benefit;

to payment of compensation for unused next leave and educational leaves;

to payment for time of accomplishment of the state and public duties;

to payment for non-working holidays, during the translating and work stoppages, stipulated by the legislation;

indemnification during induced truancy illegally to the translated or dismissed worker;

to payment for time of passing of rates of professional training;

to payment of the average salary during passing of obligatory medical examination;

to payment of the average salary to constantly working members of Central Election Commission for the period releases them from obligations on principle place of employment;

in other cases, stipulated by the legislation, collective agreements and agreements and individual employment contracts when the average salary is guaranteed to workers;

payment of the average monthly salary for time of official journey or sending out on business on other place of employment;

payment of unemployment benefit;

to allowance payment on the temporary disability caused by regular diseases or accident, not work-related, the employer paid from means.

3. The average salary joins the following payment types of work and compensations:

the salary for the performed work or worked time it agrees to the forms and wages systems operating at the company for the price-work quotations, hourly (day) rates, monthly official pay rates, earnings estimated percentage of revenue or shares from profit the salary established to the worker in non-tariff wages system, to salaries for merits etc.;

allowances and surcharges to hourly (day) rates and monthly salaries, and also other payments of compensation nature, directly work-related, stipulated by the legislation and collective agreements;

surcharges for combination of professions (positions), including for fulfillment of duties of temporarily absent worker, for expansion of zones of servicing or increase in amount of the work performed during duration of the working day (working shift) established by the legislation;

payments of the stimulating nature: the awards established according to the wages system operating at the company including the awards paid from profit; annual bonuses; remuneration for general results of work following the results of year; monthly percentage allowances and annual remunerations for long service; salary supplements for collective achievements, professional competence, for outstanding performance of work and accomplishment of separate especially important or urgent works, intensity of work, etc. At the same time awards and the specified remunerations join in earnings of that month in which they were added according to settlement documents, and are considered in case of determination of average earnings for 12 calendar months completely or in the amounts falling on every month in case of settlement period of other duration;

surcharges for work at night and for work by turns;

payment of work in days off and holidays, overtime work;

the amounts of wages indexation estimated according to the legislation;

difference between earlier received average earnings and the new salary in case of the translation of the worker for health reasons or in connection with business necessity on other, below-paid work for the period, provided by the current legislation;

the fee of regular creative specialists of editorial offices of newspapers, magazines, publishing houses, cable agencies and news agencies, television, radio and other mass media in case of its payment at the expense of literary (creative) fund of the specified organizations;

other payments of permanent nature connected directly with work.

4. The following payments do not join in the average salary:

dismissal wage, unemployment benefit and other benefits, irrespective of sources of payments;

compensation for unused leave;

compensation for mutilation of the worker or other harm done to his health in connection with work;

compensations connected with moving, transportation of property, lease of rooms in case of transfer of the worker to work to other area;

the daily and other payments connected with traveling expenses and also the surcharges and salary supplements paid instead of daily allowance, field allowance;

the amount of financial support in cash or natural form;

compensation of rise in price of cost of food in dining rooms, buffets, dispensaries, provision to his workers at reduced prices or is free;

the cost of the utilities which are free of charge provided to workers, fuel, tickets, milk, treatment-and-prophylactic food, overalls, special footwear and other individual protection equipment, tools and uniform;

complete or partial payment for the account of the company of housing, the hired apartment or place in the hostel;

payments for agreements of copyright in case of the edition of scientific works, literary works and arts;

the salary for days of work without remuneration transferred into the relevant budget or charity foundations;

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