For The Amendment Of The Labour Code Of The Republic Of Moldova Nr. 154-Xv Of 28 March 2003

Original Language Title: pentru modificarea şi completarea Codului muncii al Republicii Moldova nr. 154-XV din 28 martie 2003

Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=362316

    The Parliament adopts this organic law.
Unique article. -Labour Code of the Republic of Moldova nr. 154-XV of 28 March 2003 (Official Gazette of the Republic of Moldova, 2003, nr. 159-162, art. 648), as amended, is modified and completed as follows: 1. In article 18, subparagraph (c)) shall be completed in the end with the words "and in municipalities".
2. Article 33: (1) to be completed in the end: "a copy of the collective labour contract is submitted by one of the Contracting Parties, within 7 calendar days from the closing date, the territorial inspection work." in paragraph (7) shall read as follows: "(7) subject to the collective labour contract concluded on the unit as a whole fall unit employees , subsidiaries and representations thereof, who authorized their representatives to participate in collective bargaining, to draw and to conclude collective labour contract on their behalf. "
3. In article 38, paragraph (2) shall read as follows: "(2) collective agreements for sectoral and territorial levels shall take effect from the moment of signing by the parties, or at the date specified in the Convention. A copy of the Convention collective sectoral or territorially resolves one of the signatory parties, within 7 calendar days from the closing date, the Ministry of labour, social protection and family. "
4. Article 40 shall be repealed.
5. In article 49, paragraph (1) shall be supplemented with the following f1): f1 ') the name of the work to be accomplished (in the case of the individual contract of employment for a specified period of completion of works-art. 312-316); ".
6. In article 53 (1), the words "one year" shall be replaced with the words "2 years".
7. Article 54 shall be supplemented by paragraphs (4) and (5) with the following contents: "(4) it is prohibited to individual employment contracts, fixed-term contracts for the purpose of granting rights of subterfuge and guarantees provided for employees employed for a indefinite period.
(5) the individual labour Contract concluded for fixed-term contracts in the absence of legal grounds, as established by the State Labour Inspectorate, shall be deemed to be concluded for an indefinite period. "
8. Article 55: from the introduction to the article, the words "only to perform temporary work," are mutually exclusive;
Article shall be supplemented by the letters k1-k3)) with the following content: "k1) for the period of the implementation of an investment project or a programme of technical and financial assistance;
K2) for works relating to the increase in the volume of production or services, whose temporary (up to one year) can be argued by the employer;
K3) with people who engage in units created for a determined period; ".
9. In article 57, paragraph (2) shall be supplemented with the words "as well as other legislative acts".
10. Article 60 (1), the words "in the case of persons with civil liability" shall be replaced with the words "If the unit's head, his deputies, Chief Accounting Officer and other persons with responsibility" and the text "15 days" shall be replaced with the text "30 days".
11. In article 65, paragraph 1 shall read as follows: "(1) on the basis of the individual labour contract negotiated and signed by the parties, the employer shall issue the order (available, decision, decision)."
12. In article 75, paragraph 4, after the words "art. 76 lit. a) and b) ' insert the words ' and article. 78 para. (1) (a). D1) and (e)) ".
13. In article 78: (1) shall be supplemented with the d1) with the following contents: "d1 non-payment or partial payment), for at least 2 consecutive months of salary or other payments," the article is completed with paragraphs (3) to (5) with the following contents: "(3) in the cases referred to in paragraph 1. (l) (a). D1) and (e)), the employee shall notify the employer in writing of the date of suspension of the individual labour contract.
(4) the employer is not entitled to employ other employees to replace those whose contracts were suspended for the reasons specified in paragraph 2. (l) (a). D1) and (e)).
(5) in cases of suspension of the individual labour contract in the grounds specified in paragraph 2. (l) (a). D1) and (e)), the employee is forced to resume work within three working days from the time of elimination of the hazard): for life or health;
(b) the payment of salary, other) payments or informing about the transfer of such payments on bank card. "
14. In article 81: (1) shall be supplemented with the letter a1) with the following content: "a1) by written agreement of the parties (article. 821); "in paragraph (3) shall be completed in the final text: order (available, decision, decision) to the employer in respect of the termination of the individual contract of employment shall contain a reference to the article, paragraph, section, and the corresponding letter of the law."
15. Article 82 shall be filled in with j1) with the following content: "j1) restore to work, in accordance with the decision of the Court, the person who served the previous work in question, if the permutation or transfer the employee to another job under this code is not possible;".
16. the code shall be supplemented with the following article 821 reads: "Article 821. Termination of individual labour contract by written agreement of the parties of the contract may be terminated at any time by written agreement of the parties. "
17. Article 83: paragraph 1 shall be repealed;
in paragraph 5, the words "in article 10. 82 and 86, as well as through written agreement of the parties in the cases referred to in article 1. 85 paragraph 4. (2) "shall be replaced with the words ' in article 8. 82, 85 and 86, 821 ".
18. Article 85: in paragraph 4, the words ' before the expiry of the time limits indicated in paragraph 1. (1), (2) and (41), the employee shall have the right at any time, "shall be replaced with the words ' for a period of 7 calendar days from the date of application for resignation, the employee is entitled";
(41) the words ' until the expiry of the individual labour contract in the cases stipulated by the contract "should be excluded.
19. In article 86 (1): letter h) shall read as follows: "h) absence without valid reasons repeated at work for 4 consecutive hours (without having to take account of the dinner break) during the day," the letter t) is repealed.
20. Article 87: (1) the words "art. 86 para. (1) (a). c), d), (e)), g) and (h)) "shall be replaced with the text" art. 86 para. (1) (a). c), e) and (g)) ";
in paragraph 4, the first sentence shall read as follows: "Trade Union Bodies (Union organizers) indicated in paragraph 1. (1) to (3) shall communicate its agreement or disagreement (advisory opinion) argued in writing concerning the dismissal of the employee within 10 working days from the date of application of the agreement (advisory opinion) by the employer. "
21. Article 88 (1): the letter a), after the words "from the legal point of view," shall be inserted the words "or";
subparagraph (c)) shall be completed in the final text "(provided that such employment (staff) there is unity, and the employee meets the necessary requirements for preavizat to refill it)";
the letter i), after the words "shall notify" shall be inserted the words "in writing".
22. the code shall be supplemented with the following article: 881 "Article 881. The procedure for dismissal in connection with transferring to another unit (1) an employer has the right to lay off employees in connection with transferring to another unit (article 86 paragraph 1. (1) (a). u)) only provided that: (a)) will receive a decision in writing on the part of another employer requesting dismissal of the transfer of a particular employee, with an indication of the place of work (the tool), i propose the new drive;
b) will address in writing to the employee whose dismissal is sought in order to obtain the written consent thereof for redundancy;
c) will get the written consent of the employee for redundancy;
d) shall pay the employee fired from the day of service, all monies due to him from the unit (salary, compensation for unused holidays etc.).
(2) the employee up to the agreement in writing expressions for redundancy, it may require the employer's offer of employment, which will contain all the terms of future individual contract of employment.
(3) the offer of employment must be submitted in writing to the employee and is irrevocable during the period covered by it.
(4) it is prohibited the employment of the employee's refusal fired in connection with the transfer to another unit, as a result of his agreement and both employers. "
23. Article 89: in paragraph 2, the second sentence shall read as follows: "If the employee comes up by the Trade Union member of the order of dismissal, the Court will require the agreement (advisory opinion) of the organ (the Organizer) Trade Union concerning the dismissal of the employee concerned." the article is completed with paragraph 3 with the following contents:

"(3) immediately after the delivery of the judgement of the Court judgment on the restoration of the employee at work, the employer is obliged to issue an order of restitution, which brings him to the attention of the employee, under signature, within 3 working days from the date of issue."
24. In article 101, paragraph 3, the words "in consultation with the representatives of the employees" shall be replaced with the words "after consultation with the representatives of the employees".
25. Article 108: (a) the word "trustee" is excluded;
in paragraph 2, the word "trustee" is excluded;
paragraph 4 shall read as follows: "(4) if the employer shall ensure that the Special Unit for feeding children rooms, they will meet the appropriate conditions of hygiene and sanitary norms in force."
26. In article 111, paragraph 5 shall be supplemented by the text: "workers who declared the day of rest days were not yet in employment relationships with employees of the establishment in question, whose individual contracts of employment were suspended on that date, as well as workers who on that day were in sick leave, maternity leave, leave for child care partly paid up to the age of 3 years in additional unpaid leave for the care of the child aged 3 to 6 years, annual leave, annual leave and unpaid leave for study do not have an obligation to be present at work on the day declared a working day. "
27. In article 120 paragraph (1), the figure "60" shall replace the figure "120".
28. In article 126, paragraph (1) shall be completed in the end with the text: "in the absence of previous employment (previous function), the said persons must be granted to another equivalent post (function equivalent)."
29. In article 148, paragraph 2 shall be supplemented by the letter e) with the following content: "e) to refund the cost of the employee's labour book compiled in unity."
184. in article 30, paragraph 2, the word "free" shall be replaced with the word "working".
31. In article 204 (1), the words "in consultation with the representatives of the employees" shall be replaced with the words "after consultation with the representatives of the employees".
32. Article 208: paragraph 1 shall read as follows: "(1) before the application of disciplinary sanction, the employer is obliged to request in writing to the employee a written explanation to the offence committed. The explanation of the deed committed may be presented by the employee within five working days of the date of the request. Failure to submit the requested explanation shall be recorded in a report signed by a representative of the employer and a representative of employees. ' in paragraph (2), after the words "investigation" shall be inserted the words ", the duration of which may not exceed one month."
33. In article 216 (1), the words ' with a person aged up to 30 years "shall be replaced with the words" the person ".
34. the code shall be supplemented with the following article: 2521 "Article 2521. Guarantees for persons who educates a child with disabilities one of the parents (guardian, trustee) which educates children with disabilities will be awarded, based on a written request, one day off a month, keeping the average salary at the expense of the employer. "
35. Article 261: title of the article shall read as follows: "Article 261. Work through part-time employment to State unit's head, including municipal, or majority-owned unit of State ";
paragraphs (1) and (2), the words "the leader of the unit" shall be replaced with the words "the leader of the unit, including municipal, State or majority-owned unit of State."
36. In article 272 (2), the words "is less than that of the place of employment" shall be replaced with the words "and to the basic work differ".
37. In article 321 (1), the words "together with the representatives of the employees" shall be replaced with the words "after consultation with the representatives of the employees".
38. Articles 373-382, are hereby repealed.