CHANGED AAME929 from 27.05.16, MO140-149/27.05.16 art. 929 pursuant to the rights guaranteed by the Constitution of the Republic of Moldova, the Education Code and the labour code of the Republic of Moldova, the signatory parties, Ministry of education and the Federation of Trade Union of education and Science (FSEŞ) have signed this Convention, which aims to ensure, in accordance with the law, the reciprocal rights and obligations of employers and employees, members of the Federation of Trade Union of education and science and aims at promoting and safeguarding fair labor relations in order to ensure the social protection of employees.
General Chapter I.General Provisionsarticle 1. The parties recognize the equality of the two sides and ensure the authority, the mandatory execution of agreements and assume the responsibility for all obligations stipulated in this collective agreement.
2. the parties undertake to take actions in order to ensure employees ' rights and freedoms, as guaranteed by the Constitution of Moldova, the law and the conventions of the International Labour Organization, ratified by the Parliament of the Republic of Moldova.
3. the term employer means: a) the Ministry of education, represented by the Minister;
b) local authorities, represented by the directors;
c) pre-school institutions, general, technical, professional, represented by University Presidents/directors;
(d) other institutions subordinate to the Ministry) of education, represented by directors.
4. the term employee shall appoint a natural person carrying out work for and under the authority of any of the employers referred to in point 3, in Exchange for a salary, on the basis of an individual contract of employment.
5. this collective agreement is concluded for the years 2016-2020. Its employees are subject to the cad and employers who have authorized their representatives to participate in collective bargaining, to draw and to conclude collective Convention on their behalf, as well as employees and employers who have adhered to the Convention after its conclusion.
6. persons who are not members of the Federation of Trade Union of education and science, on request, benefit from the guarantees stipulated in this Convention only where they pay monthly FSEŞ 1% of salary/stipend as established by article 390 from labour code of the Republic of Moldova.
7. the provisions of the Convention are considered collective minimum level to which begin individual and collective bargaining work.
Chapter IIObligaţiile of the Parties within the social partnership 8. The parties, within the limits of its competence, shall ensure that: (1) participation of representatives of the Union at all levels within the bodies and decision-making committees: the republican-level) within the Ministry of education, Council of ethics and management in higher education, the boards of organisation and conduct of the contest for the leadership function in technical and vocational education of the contest "Educator of the year";
b) at territorial level-in the composition of the Board of Directors of the local body, the Accreditation Commission of teaching and managerial staff, Commission of organizing and conducting the leading commanders, etc;
c) at the level of unit-in the composition of the Management Board (composed of two teachers, one representing the Trade Union body of the institution), the Senate, the Faculty Council, Accreditation Commission, Commission of organisation and conduct of the contest for the leadership, commanders of the tariff Commission, Committee on safety and health at work, the commissions for the establishment of scholarships and the apportionment of seats in nursing homes etc;
(2) participation in the improvement of the legislative and regulatory framework in the field of labor relations, wage labor, health and safety at workplaces;
(3) the control of compliance with the laws in force and of the decisions taken;
(4) ensuring transparency in the formation and execution of the budget unit, informing the operative legislative and normative acts through media, newsletters, informational technologies;
(5) financial cooperation in the Organization of activities of common interest aimed at improving preparedness of institutions, Union leaders, and to conduct cultural and sporting events;
(6) drawing up proposals for improving the remuneration of teachers, scientific-didactic and other categories of employees in the education system;
(7) the recognition of students ' unions as the subject of student self-government;
(8) the development partnership within the framework of the Commission for social dialogue "employer-employees" and commissions for collective consultations and negotiations at national, sectoral, territorial;
(9) cooperation for the purpose of opening a specialized shows on TV Moldova 1 in order to promote the profession, to promote a positive image of the teacher and the school's credibility;
(10) the resolution of overlapping activity initiation of specialists within the local bodies in the field of education, why not have the status of civil servants;
(1) proposals for the amendment of the Labour Code relating to increase parental leave for teachers in preschool education.
9. The Ministry of education is required to: (1) their own normative documents, draw anime projects of laws, decisions of the Government, including regulating the implementation of the education code, the terms established, reconciling them with the provisions of the labour code;
(2) obtain funding to increase the share of this sector in accordance with the new conditions-education per child, per student, per student and increase investment in the consolidation of the material basis of the units;
(3) approve the rules for staff, teaching staff, teaching science, teaching, administrative and auxiliary staff, other household goods, auxiliary and servicing;
(4) promoting enhanced quality of labour teachers by assessing the activity, organization of contests, mobility, access to national and international projects, popularization of good practices of successful teachers;
(5) responsabilizeze heads of educational institutions aiming to:-respect for the rights of employees, pupils and students in accordance with article 134 and 136 of the code of education, article 9 and 10 of the labour code of the Republic of Moldova;
-carrying out of the provisions of collective agreements and collective contracts.
10. Trade-Union Federation of education and science assumes responsibility to: (1) protect the rights and professional interests, socio-economic and employment of its members under the statutes of the Trade Union;
(2) examine and identify the existing problems of the branch, and by bringing the administrative organs of power;
(3) promote the negotiation, mediation, mediation in order to settle claims, collective conflicts;
(4) provide assistance, including free legal, Union members at individual employment dispute resolution;
5. distribute tickets to employees balneosanatorial treatment, as well as the rest of the summer to children as required by law, will allocate 5% of the annual budget of the Union strengthened its members for improvement (in accordance with the rules approved by the Executive Board);
(6) further contribute to the strengthening of material base in medical center and will compensate the cost of tickets for the treatment of learners under regulation approved;
(7) conduct measures of instruction in the field of employment relationships, trade union organization and training of negotiators, creating 10-12 trade union centres of excellence which will work according to a regulation approved;
(8) the form of Union leaders and youth leaders beginning in training activities;
(9) years 2016, 2017 declare-years of young teachers. (Years of the young specialist education).
Chapter IIIReglementări in establishing employment relationships 11. The employment of teaching staff, teaching, administrative and auxiliary staff, other household goods, auxiliary and servicing will be achieved through the conclusion of the individual labour contract in written form and issuance under this contract has an order in accordance with article 45 and 65 of the code of labor with awarding nominal permit access at work.
12. individual labour Contract shall be concluded as a rule, for an indefinite period (article 54 of the labour code). The individual labour contract on the time period, not exceeding 5 years, ending in the cases listed in article 55 of the code.
(1) the management personnel in educational establishments, teaching faculty, scientific collaborators are appointed according to a contest conducted in accordance with the legislation in force. For driving from general education, vocational, technical function may not exceed 6 months from the date of termination of the individual contract of employment.
(2) employment of persons receiving pensions for age limit, not covered in the labour field are carried out over a period of 2 years, which may be extended up to 5 years, in accordance with article 55, paragraph 2 of point f) of the labour code.
(3) Hiring teachers, whose contract of employment has terminated pursuant to article. 301 para. (1), subparagraph (c). (c) is performing during the new party negotiated by individual contract of employment.
(4) young specialists deal with priority vacancies. Graduates assigned by the Ministry of Education institutions benefit from unique benefits, social facilities, leave with duration of 1 month with payment of compensation in the amount of a monthly stipend from the account of the institution in which they are placed, in accordance with the approved regulations.
In the case of transfer of the young specialist argued (marriage, caring for a sick family member, etc.) to another educational institution, unique amenities and social allowance shall be kept, in accordance with Government decision No. 802 from 29.10.2015.
(5) the probationary period shall not apply in the case of the individual labour contract with young specialists and teachers, with the exception of the person providing the educational activity at the other school discipline than that certified by the diploma.
(6) employment leader is obliged to acquaint the employee with this collective agreement, the collective labour Contract, the rules of procedure, the law on safety and health at work.
(7) the Dismissal of employees union members is carried out by the head of the institution, pursuant to article 86 of the labour code with the prior informed consent or prior consultation with the Trade Union in question (article 87 of the labour code).
(8) in the case of reorganization, liquidation of absorption, education institutions is subject to reduction under the terms of art. 88, 183 and 186 of the labour code. Preferential right to keep their work and young specialists in the first three years of activity. Reduction in employee table can only take place with due regard for the provisions of the Convention collective (national) No. 11 of 28.03.2012 "regarding the criteria for mass reduction in employment".
(9) the employer shall grant a single indemnity in the size of an average monthly wage of the person at the end of the activity (negotiated in the collective labour contract), in case of: 91demisionare: a) pensioners;
b) people with a seniority of more than 25 years in the institution (loyalty);
92 the termination of individual labour contract: a) pensioners (article 301 para. (1), subparagraph (c). c);
b) pre-school institutions, leaders, general, higher education, vocational technical colleges at expiry, by decision of the hierarchically superior body. The allowance shall be granted only once.
Chapter IVTimpul of work and rest time 13. The normal duration of work time of employees shall not exceed 8 hours per day and 40 hours a week, with two days of rest, one of them being Sunday, with the exception of the employees to whom it shall determine the length of time on a weekly basis:-employees aged 15-16 years-24 hours;
-employees aged between 16-18 years-35 hours;
-employees working in harmful working conditions-35 hours;
-invalids of degree I and II-30 hours;
-medical staff-30-35 hours;
-employees who combine work with study in higher education institutions and colleges-35 hours.
14. Duration of work of employees shall be regulated by the individual labour Contract, collective labour Contract, the internal regulation of the establishment and the methodology for the allocation of time of work of teachers-35 hours weekly (art. 55, 119 of the code of education), elaborated by the Ministry of education.
(1) the academic activity of teachers shall be regulated by schedule/time diagram of the lessons.
During the period of school pupils and students holiday duration teachers ' work can be established according to a timetable adopted by the employer, with the agreement of the Trade Union Committee, negotiated in collective labour Contract.
(2) In order to determine the optimal conditions for effective use of activity, time of work and rest time of employees, it is possible to establish the daily duration of work time of 12 hours, followed by a rest period of at least 24 hours (list of beneficiaries-Appendix No. 1).
(3) in the case of time-keeping and global employment average number of working hours per month with duration time normal weekly working hours of 40 hours, i.e. constitute 169, 148 hours, 126.8 hours-in cases where the duration of reduced time week work 35 hours, 30 hours.
(4) the employer shall, in agreement with the Trade Union body and local public administration, will determine the work schedule of the preschool institution.
(5) on the eve of holidays holidays. 111 labour code of the Republic of Moldova, the duration of work of the staff of these days shall be reduced by 1 hour, with the exception of the personnel to whom it has been established for the duration of time of work (article 96 of the labour code of the Republic of Moldova) and partial work day (art. 97 of the labour code of the Republic of Moldova), including in cases where the day of the eve of the Feast was transferred to another day.
The duration of work employees on the Friday before the non-working holidays-Easter, Passover, and on the eve of the birth of Jesus Christ-is reduced by three hours (negotiated in the collective labour Contract).
(6) teachers in pre-university educational institutions are eligible for a weekly day for further training and methodical (negotiated in the collective labour Contract), where his academic rule did not exceed 20 hours weekly.
(7) the employer is obliged to grant pregnant women time off for prenatal medical examinations, passing to be included during the work.
15. Employees shall receive annual holiday, additional annual leave, unpaid leave, paid sick leave, and leave in accordance with the legislation in force.
(1) all employees are granted an annual paid holiday (annex 2).
(2) Employees shall receive additional annual leave paid rest duration: 4 days of)-for activity under conditions harmful, blind, young people under the age of 18 years and one of two parents who have children aged up to 14 years of age (or an invalid child);
b-7 calendar days) for management and staff, whose work involves efforts increased psycho-emotional (annex 2).
c) 3 working days-for workers during the preceding calendar year have not qualified for sick leave, except in the case of maternity leave [point 15 (subpct. 2), letter c) introduced by AAME929 from 27.05.16, MO140-149/27.05.16 art. 929] (3) The presentation of the respective laws, employees shall be granted an additional paid leave for family reasons, expressed in working days. This leave is granted strictly during the occurrence of the event and cannot be transferred to another period (Annex No. 3).
(4) scientific Frameworks of the organizations of science and innovation shall be given in the manner and under the conditions laid down in the Statute of the Organization: a) a paid vacation with duration of up to six months, not more frequently than once every 10 years for the completion of scientific studies, the treaties included in the research programmes of organisations in the field of science and innovation with the approval of the Scientific Council of the organisation;
b) a paid vacation with duration of up to one year, one time, for writing thesis, with the approval of the Scientific Council of the organisation.
(5) Employees shall benefit from additional unpaid leave pursuant to art. 120, 300 of the labour code, being negotiated in collective labour Contract.
(6) the period unit stabling subdivision, no fault of employees, shall be included in the length of employment, which gives them the right to parental leave.
(7) the activity in the conditions of work in part does not imply limitations on rights of the employee concerning the calculation of seniority, annual leave entitlement of rest or other copyrighted work.
(8) Employees shall receive leave social conditions in articles 123 to 127 of the labour code.
(9) partly paid Leave and additional unpaid child-care may be requested and used wholly or in part on the basis of a written request of the employee, at any time. During this period, the employee can go on leave or return to the service whenever it needs and can benefit, in accordance with article 5. 97 of the code of labor, labor time.
If the employee is located in one of the child-care leave wishes to resume work before the expiry of the leave, he or she shall notify the employer in writing at least 15 working days in advance, of its intention.
Chapter VNormarea and labour
16. Promote and pay educational institutions shall be carried out in strict accordance with the legislation in force.
The Ministry of education assumes an obligation to elaborate: a methodology for the allocation of) pregnancy;
b) conditions under which the provisions of article 16.134 (7) of the Labour Code concerning normalization of education of young specialists.
17. For the organisation of work, the employer shall, in consultation with the Trade Union body, established by the rules of order for all employees. The task of teaching established annually on September 1 as a rule, does not change throughout the year. The distribution of the teaching load will be kept, as a rule, its volume and continuity of teaching disciplines in the classroom.
18. Where the rules of work no longer meet the conditions for which they have been approved, they can be reviewed, a fact about which employees announced in writing under hand, with at least 2 months in advance.
19. payment of work of employees is carried out in relation to the quantity, qualification, professional competence, the length, the complexity of the works of the post occupied.
The parties will examine the level of salary of staff in education and will develop the concept for the reform of the pay system for teachers.
20. Responsible for proper payment of work of employees, at the time laid down in the collective labour contract, the employer is. Salary certificates is mandatory.
21. the unit Employer autonomy and has its own special funds may establish a salary increase agreement with trade union body.
22. Employees who work under adverse conditions of employment benefits, as a result of the attestation of employment, an increase in the size of the compensation provided by the collective Convention (national no. 1 of 3 February 2004).
23. during the period occurred throughout the unit not the fault of the employees, the staff i kept average wage. How employees execute the obligation lies at the disposal of the employer shall be determined by order and collective labour contract.
24. Stimulating employees and supporting their material are carried out by employer: (1) within the limits of at least one monthly salary fund per annum, calculated on the basis of rates and wages, taking into account the extra allowances and supplements increases, determined in accordance with the legislation in force and saved the staffing, payroll, as follows : 50%-50% for premiere and-aid material.
(2) Educational Staff paid on the basis of the single tariff Network, and teachers, including faculty teaching backgrounds in educational establishments with university autonomy, receive a prize for last year's results in a tariff/salary, paid in the months of February and august respectively.
(3) the Rectors are granted the right of employees of the institutions with financial autonomy in the amount not exceeding 6 monthly payroll, taking into account the extra allowances and supplements provided for by law.
(4) Awarding employees and aid material shall be carried out on the basis of that regulation, drafted and approved in consultation with the Trade Union body and attached to the collective labour contract (annex 5).
25. Employees studying courses of continuing education shall be guaranteed the average salary at the preservation work of the base, paying the cost of the course and travel spending at the expense of the employer. Conditions and the volume of funds allocated for this purpose-in size of at least 2% of the wage fund of the unit-planning in the budget of the institution and shall be negotiated in collective labour contract.
Chapter VICondiţiile work.
Safety and health at work. In order to ensure safe conditions for the purpose of reducing and preventing risks, occupational accidents according to the law on safety and health at work no. 186 from 10.07.2008 and resolve Government "regarding the approval of the minimum requirements for safety and health at work" No. 353 of 05.05.2010, Parties undertake to: (1) monitor the work of the heads of units and bodies of trade unions on training working conditions in compliance, occupational safety and health at work;
(2) draw anime List-type work and jobs with harmful conditions, and particularly deleterious in educational establishments, research and development, for which it is intended to establish compensations to employees compensation (annex 4);
(3) continue working with the State Labour Inspectorate and the Labour Inspectorate of trade unions aimed at formation level training managers, trade union assets in the field of safety and health at work, the identification of problems in order to diminish the risks at the workplace.
27. the employer will: (1) develop the annual plan of protection and risk prevention, negotiated within the collective labour Contract;
(2) allocate annually to the budget of the institution at least 2% of the wage fund of the unit for implementation of measures on safety and health at work;
(3) provide minimum requirements for safety and health at work;
(4) create internal service for protection and risk prevention (if applicable) and the Committee on safety and health at work. Will pay the workers ' representatives on the Committee intended their activity hours according to the annex 2 to the Government decision No. 95 of 05.02.2009, setting the time taking into account the cost of the average monthly wage of the person concerned;
(5) to conduct medical examinations of staff and youth unit free studios;
(6) provide employees with instructions-safety and health framework in respect of certain occupations;
(7) to conduct under regulation respectively, preliminary attestation work places not less frequently than once every 5 years.
For employees working in the workshops, sports halls (land) closed, the degree of impairment is established in case of overshoot of the target level of permissible noise levels and vibration 5dBA local 3dBA;
(8) ensure air temperature at workstations in the minimum permitted limits thermal 18 ° C, the maximum permitted limits of 32 ° c. At workplaces where the air temperature exceeds 30 ° C, constant will ensure sparkling salt water (NaCl 1 g/1000 ml) or mineral, in amount of 2000 ÷ 4000 ml/person/return, distributed at a temperature of 16-18 ° c. In workplaces with low air temperature (below 5 ° C) will provide hot tea in quantity of 500 ÷ 1000 ml/person;
(9) the conditions for supplying employees, providing them with personal protective equipment, hygienic and sanitary materials, etc. will be provided for in the collective labour contract and contract of employment in accordance with the norms laid down.
28. Trade Union Bodies will: (1) Participate in the membership of the Committee for safety and health at work, the Commission for the evaluation of workplaces;
(2) to conduct training activities of heads and Union leaders and information of all the members of the Union regarding the regulatory acts in the field of safety and health at work.
(3) Ensure strict control over the establishment and payment of compensation increases for employees who work under adverse conditions (wages, reduced work time, vacation).
Chapter VIIAlte provisions in connection with the rights and obligations of the parties in regulating the activity of Trade Union 29. Ministry of education and the Federation of Trade Union of education and science shall be recognised as partners of social dialogue in the education system.
30. The Ministry of education, the employer shall recognize the rights of the Trade Union Federation of education and Science (FSEŞ) in accordance with the legislation in force, its Status, the rules of international law, ratified by the Republic of Moldova; refrain from any intervention likely to prejudice the right of employees in the establishment and management of the trade union organization, and the free election of their representatives.
31. Trade-Union Federation of education and science will encourage and motivate youth studios to join the unions in order to protect their rights and promote their socio-economic interests.
32. The Ministry of education, the employer guarantees the elected representatives in the governing bodies of the trade union organizations as follows: (1) the dismissal of employees who have been elected to the organs of trade unions, released or not to work, is not permitted for 2 years after expiry of the term (para. (4) article 10.388) code.
(2) shall not apply to disciplinary sanctions and will not initiate firing them without complying with the general mode of dismissal and without preliminary written consent of the governing body of the Organization of the Trade Union or trade union body upwards;
(3) Trade Union bodies and leaders from the institution, of the contract to which the work has been suspended, will receive the same rights and facilities as well as other employees of the institution and shall be granted to previous work or a job similar to the expiry of the term.
33. In order to carry out their statutory tasks and rights of trade unions, syndicates, elected representatives in the governing bodies of the Organization of trade unions (including trade union bodies of level II and with level II) will: (1) benefit, free of charge, and its commitment to its proper functioning;
(2) have free access to the drives and the structural subdivisions of the institution and to information relating to the socio-economic situation of the institution;
(3) eligible for up to 4 hours per week in paid employment and to execute obligations attaching thereto, with the average salary (method of payment will be negotiated in the collective labour contract);
(4) you can use material intended for cultural and sporting institution, free of charge, for activities organised by the Union under the conditions laid down in the collective labour contract;
(5) have permission to participate in gatherings, meetings, meetings, seminars, organized by the Federation of Trade Union of education and science, with average monthly salary or scholarship for the period.
34. the employer shall, without charge, as provided by law, the collection of Trade Union member contributions and transfer them on a monthly basis on the settlement account of the respective trade union body.
35. Employer will provide in the project budgets, for use for purposes laid down in the collective labour contract, the asset size of 0.15% from the salary Fund of the institution.
VIIIDispoziţii final chapter 36. This collective agreement of employment shall take effect on the date of signing by the parties.
37. Annexes constitute an integral part of this Convention.
38. the parties undertake to distribute collective Convention after approving it in the established manner, heads of educational institutions and the organs of the unions, the Presidents of all the levels and to widely mediate by placing on the websites of the Ministry of education (www.edu.gov.md) and the Federation of Trade Union of education and Science (www.estu.md).
39. on the basis of the provisions of this Convention will take place in the negotiations for the conclusion of collective agreements at the level of educational institution. The provisions of this Convention are minimal to collective bargaining at the unit level.
40. the realisation of the provisions of this Convention shall be the responsibility of the Contracting Parties through the Commission for collective consultations and negotiations at branch level.
41. The totals at the end of each calendar year in the meetings of the governing bodies of the Ministry of Education and the Federation of Trade Union of education and science.
42. each signatory, on the basis of mutual understanding, has the right to propose amendments and additions of this collective agreements. The right to interpretation and commenting this collective agreements clauses belongs to the Contracting Parties by consensus.
43. Three months before the expiry of the period of validity of collective agreements, the parties undertake to initiate negotiations to extend them or a new Convention. Pending the conclusion of a new collective agreements shall apply to the provisions of this Convention.
44. in cases of non-compliance with the terms of the present collective agreements by the Ministry of education, heads of institutions, trade union bodies concerned assumes the right to trigger collective labour conflict at all levels in accordance with the legislation in force.
45. Unleashing the collective labour conflict and mass protest actions will be conducted in accordance with the law and collective contracts. The right of Declaration and the establishment of the Trade Union body in question belongs to the strike. In the period of the strike negotiations will be suspended.