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The Collective Level Of Information Technology And Communications Sector For The Years 2016-2019

Original Language Title: colectivă la nivelul ramurii Tehnologiei Informaţiei şi Comunicaţii pentru anii 2016-2019

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    Parties-Ministry of information technology and communications of the Republic of Moldova, Union Federation from Communications in Moldova, which represents employees-union members from the branch and the employers ' Federation of Communications of the Republic of Moldova, which represents employers of establishments in the information and Communications Technology Branch (hereinafter ICT branch) using employment in order to ensure achievement of the provisions of the labour code, the law on remuneration and other normative acts regulating the salaries of and in order to determine the optimal conditions for activity and use of labor, using effective time of work and rest of employees, trained in ICTS, have agreed upon the following: GENERAL Chapter I.GENERAL PROVISIONSARTICLE article 1 scope of the present collective agreements fall employees-union members and employers who have authorized their representatives to participate in collective bargaining , to work out and conclude collective Convention on their behalf, the public authorities within the limits of the commitments, as well as employees and employers in other businesses that have adhered to the Convention after its conclusion.
Article 2 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.
Article 3 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.
Article 4 specific work Conditions, rights and obligations of workers and employers at the unit level is regulated by the collective labour contract, contract of employment, by the Statute and rules of procedure of the unit.
Article 5 collective bargaining agreements from the ICT branch units may not require rights and guarantees under this level collective agreements.


IIORGANIZAREA chapter, the REMUNERATION and the NORMALIZATION of LABOUR article 6 remuneration of employees is in direct ratio to the quantity and quality of work, with demand and supply of labour, with the results and conditions of functioning of establishments in ICT branch and the legislation in force.
Article 7 of the employees Work from branch may be organized and remunerated according to the following systems and payroll forms: a) systems:-tariff system of payroll;
-liberalised system payroll;
b) forms:-per unit of time;
-in the individual agreement;
-the collective agreement;
-by individual contract of employment with wage conditions.
Remuneration, according to these systems and shapes, will be made on the basis of the regulation on organization and systems and forms of remuneration of labor of employees from the unit, elaborated and approved by mutual agreement with the Trade Union from the establishment.
Article 8 from the moment of signing the Convention, the tariff salary for the category of qualified ICT branch is established in the size of the guaranteed minimum amount of salary in the real sector, established by the social partners at the country level. ICT sector units, depending on financial possibilities, shall review the tariff salary for the first category of qualification, using the coefficient of complexity for the ICT branch (mail and telecommunications).
Article 9 employees who provide work under adverse conditions, depending on the weight and the innocuous li shall be determined in the amount of compensation growth rate not less than 25% of the country's minimum wage for work in heavy conditions and harmful, and not less than 50% of the country's minimum wage for work in particularly arduous conditions and particularly harmful.
Article 10 Employees from the ICT branch shall be a monthly increase for length of service, the minimum amount of 5% of the basic salary for a length of 3 years and a maximum of 40% of the basic salary for a seniority of more than 20 years of activity in the sector. The method of granting and the size of the bonus for seniority shall be determined in the collective agreement at enterprise level, according to the regulation with regard to supplement for length of service, approved by the agreement with the Trade Union body.
Article 11 For the complexity and intensity of labor employees enterprises is established a salary increase of up to 80% of the basic salary.
Article 12 For possession by employees of the title "Master in communications", "honour" and bow machine-gunner "master in information technology and communications" is a monthly supplement to the basic salary of 20%, and for holding State distinctions conferred on it in accordance with Law # 1123-XII of 30 July 1992 concerning state medals of the Republic of Moldova, it sets a monthly supplement to the basic salary in the amount of 30%.
Article 13 in order to recover the costs of maintenance of the employees in the case of movements of service in underserved sectors, will pay an additional monthly in amount of 20% of the basic salary, if the duration of work in these cases is 12 and more days per month and for how long each day duration redshifts exceeds normal and 1.5% of the monthly basic salary, if the duration of work will be less than 12 days per month.
During the work of employees, who carry out activity of a cell is not included during the journey from the place of home (unit, subsidiary, etc.) to the place of destination (service sector) and, respectively, during the journey from the place of destination (service sector) to home (unit, subsidiary, etc.).
Article 14 employers will make the payment in the amount of 30% of the basic salary for employees who are trained to work with your work day interrupted by 2 and more hours.
Article 15 For employees who are involved in the program with time inactive (the service at home-"stand by") is established at the beginning of each calendar year, a monthly salary increase of up to 10% of the basic salary.
Track actual work time provided in rest days and non-working holidays, and remuneration will be carried out in accordance with the legislation in force.
Article 16 For workers who have brought directly to the intake unit profit will be determined annual payment in the size specified in the collective labour contract at the unit.
Article 17 Employees will be granted annual aid material worth at least a tariff wage (function) in the manner and under the conditions laid down in the collective labour contract, to restore health.
Article 18 employers will develop and approve, in agreement with the Trade Union work rules for employees according to the achieved level of technique and technologies, organisational and technological process of labor.
Article 19 the drafting of rules work will not lead to overuse of employees or to reduce the bulk of the job.


Chapter IIITIMPUL of WORK and REST TIME article 20 taking into consideration the normal duration of working time of 40 hours per week, the units in the branch, regardless of the type of ownership and organizational-legal form, the work week will be of five days ' duration of 8 hours of work and rest for two days, one of them being Sunday.
Taking into account the specific nature of the work, is it possible to apply other types of weeks working with distribution of work time, as follows: (a) the work week) six days with one day of rest, the duration of working hours being 7 hours the first 5 days and 5 hours on the sixth day;
b) four week days lasting 10 hours and three days of rest;
c) working week from four days of 10 hours the first 4 days and 4 hours of work into the fifth day and 2 days and a half rest.
The type of work, time of commencement and completion of work, the duration of the Exchange, outages, alternating working days and holidays shall be determined by the internal rules of the prior consultation of trade union body and may be clauses of the collective labour contract.
Article 21 The ICT branch establishments in respect of certain activities or professions, where based on the specific conditions of activity cannot be met for the duration of the normal daily or week of the time, it is possible to establish the duration of daily work time of 12 hours, followed by a rest period of at least 24 hours. In determining the duration of daily work time above mentioned, to be used in the list of professions set out in the annex to Convention collective (national) No. 2 of 9 July 2004.
Article 22 units in the ICT branch, organizing shift work, will ensure payment of compensation in the amount of increases of 20 per cent of his basic salary for the work, and in Exchange for 50 percent of the basic salary for work instead of III. In this case, the addition for work performed in the program of the night (22.00-06.00) won't pay.
Article 23 all employees are granted an annual holiday with pay, for a period of at least 28 calendar days, except holidays holidays.

Article 24 pursuant to paragraph 1. (5) of article 121 of the labour code, for management personnel and specialized units, which by virtue of the service obligation, with problems of greater efforts shall be granted an additional paid leave of up to 7 calendar days. List of functions, the exercise of which efforts increased the problems shall be at the level of unit in collective labour contract.
Civil servants shall receive annual paid holiday, a period laid down by the legislation in force.
Article 25 for family reasons, upon presentation of the documents in question, employees shall receive an additional paid leave, expressed in working days, in the following cases: a) the employee's marriage-5 days;
b) employee-child marriage 3 days;
(c) the child's birth or adoption)-3 days during the first 56 days after the birth or adoption of the child;
d) death the family member (father, husband, wife, child)-5 days;
e) death of close relatives (grandparent, brother, sister, in-laws ever after)-3 days;
f) parents who have children in classes I-IV-1 day at the beginning of the school year and 1 day at the sfîșitul school year;        
g) incorporation into the ranks of the national army to a family member-1 day.
h) at the request of employees for healthcare-1 day in half;
I, on the occasion of the Jubilee) data (30, 40, 50, 60, 70 years)-1 day;
j) when not qualified for sick leave during the period of the previous year-3 days.
Additional paid leave in cases where exposed to the letters a), b), f), (g))) shall be granted to the date of the event, or in the case of the event in the days of rest or holiday-next working day and cannot be transferred to a different time of year. "


Chapter IVGARANTAREA the USE of LABOR article 26 employers will ensure efficient use of labour in accordance with the needs and objectives of the unit.
Article 27 criteria for determining the level of qualification in case of reduction of personnel are States: a) education level on the occupation or profession carried out;
b) vocational training contract arrangement;
c) results of the last certification;
d) layout title in communications;
e level and quality of execution) objectives;
f) length of the unit.
Criteria will be examined as a whole. In the event that persons subject to dismissal will correspond to some of the mentioned criteria, preferential right to maintain the workplace belongs to individuals that meet several criteria compared to others. In the event of a tie in the number of preferential right belongs to the criteria, persons who have a seniority at the establishment.
Art. 28 Reorganization or reduction unit, stationing States all or part of the production process and any other actions that lead to the reduction in mass of the job or worsening working conditions are permitted only on condition of approval, with at least three months before the date of the commencement of the Federation trade unions of communications and negotiations with it in order to comply with the rights and interests of employees in accordance with the legislation in force.
Mass dismissal shall be deemed for the units with the total number of employees: from 20 up to 50 people-20% for one month, from 51 up to 100-15% within a month, at 101-1000-8% for a month, over 1000 employees-5% within a month.
Article 29 in the event of dismissal to employees who until retirement age determined under the laws they have stayed two years and less, they are paid monthly until reaching the age of retirement, at the expense of the funds of the enterprise, an allowance in the amount of a salary, after the expiry of a period of three months referred to in article 186, paragraphs 1 and 2. (1) of the labour code and provided that the employee has registered at the territorial Agency of employment work as unemployed and has not been placed in employment, which is confirmed by the certificate.
Article 30 during the reorganization of the unit or reduce staff States, employers are required to: (a) limit or temporarily) to discontinue engaging in employment of new workers;
b) to take steps for the sale of individual contracts of employment with cumularzii;
c) propose workers wound up or subdivisions of jobs reduced vacancy posts or newly created.


Chapter VSECURITATEA and HEALTH article 31 the employer is obliged to take the necessary measures to ensure normal working conditions, in order to reduce the harmfulness, prevention of accidents at work under the law health and safety at work no. 186-XVI of July 10, 2008 and the minimum requirements for safety and health at work, approved by Government decision No. 353 of 5 May 2010.
To this end, employees ' representatives and the employer shall: (a) prepare an annual plan) for protection and prevention should include sanitary measures, technical, organizational and other measures, based on the evaluation of occupational risks to be appropriately applied to the conditions of specific work unit, an integral part of the collective labour contract;
b) constitute the Committee on safety and health at work with the powers deriving from the framework regulation on the organisation and operation of the committees for health and safety at work approved in the established manner. Time used for work within the Committee shall be considered work time and salary is according to the laws in force;
c) perform attestation work places from the point of view of safety and health at work, not less than once every 5 years.
Art. 32 the employer will ensure: (a) research, recording) and records of occupational accidents, determining their prevention measures, recovery of damages accidentaţilor mode and sizes determined by normative acts;
b) perform in the information and training of workers for safety and health at work;
c provide employees with instructions)-framework for safety and health at work in respect of certain occupations;
(d) organize periodic medical exams) free of charge to staff the unit as established by health care bodies;
e) finance work in medical establishments with at least 300 employees.


Chapter VIDISPOZIŢII FINAL Art. 33. This collective agreement shall become effective from the moment of signing by the parties.
The Federation of trade unions of the Ministry of labour will submit Communications, social protection and family a copy of the collective Convention, within 7 calendar days from the date of signing.
34. The control over the fulfilment of the Convention is exercised by the parties of social partnership, through their representatives.
The realization of the collective Convention shall be examined at the sessions of the Commission for collective consultations and negotiations from the ICT branch, organized on a quarterly basis.
Art 35 modification and completion of the collective Convention is held in the manner established by art. 35-39 of the labour code of the Republic of Moldova.
In the event of conditions entail additions and changes to the contents of this Convention, the party concerned shall transmit a written proposal to commence collective bargaining in question.
Representatives of the parties to which it has been transmitted to it, in writing, of the start of collective bargaining are forced to evacuate its examination within 7 calendar days from the date of receipt.
Article 36 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 is concluded. Until the conclusion of a new collective agreements shall apply to the provisions of this Convention.
Article 37 Right of interpretation and commenting this collective agreements clauses belongs to the Contracting Parties.
Art. 38 Parties undertake to distribute collective Convention after its registration in the established manner, heads of units, regardless of the type of ownership and legal form of organization, branch Presidents from trade union bodies and at all levels.

The Ministry of Technology on the part of employees: employers: information and communication: the President of the Federation of trade unions from employers ' Federation President Communications from Communications Minister Vasile BOTNARI Ion PACE on April 18, 2016 Theodore CAMPBELL