MODIFIED AAAPL1 of 05/25/16, MO151-155 / 06.03.16 art.1004;
25.05.16 effect

Under the rights guaranteed by the Constitution Education Code and Labour Code of the Republic of Moldova, Signatories, Directorate of Education, Youth and Sports of the Municipal Council (hereinafter - DGETS) and Council mun. Chişinău Syndicate of Education (hereinafter Cm .C SES) collective have signed this Convention, which aims to ensure the achievement, under the law of reciprocal rights and obligations of employers and employees, members of the Trade union Federation of Education and Science, which are registered Trade union Council mun. Chisinau Syndicate of Education and aims at promoting and ensuring fair labor relations, such as to ensure social protection of employees.


General Chapter IDispoziţii
1. The Parties recognize the powers of equality and social partners ensures mandatory execution of agreements and take responsibility for all obligations under the present Convention collective.
2. The Parties undertake to take steps to ensure employees' rights and freedoms guaranteed by the Constitution, legislation and the ILO Conventions ratified by the Parliament.
March. The term employer means:
a) local bodies specialized represented by directors;
B) pre-school education, general, professional, technical, represented by directors;
C) other subordinated institutions DGETS represented by directors.
4. The term designates individual employee who performs work for and under the authority of one of the employers referred to in section 3, for a salary, based on an individual employment contract.
May. This Collective agreement is concluded for the years 2016-2020. Fall within its scope employees and employers who authorized their representatives to participate in collective bargaining, develop and conclude collective agreement on their behalf as well as employees and employers have acceded to the Convention thereafter.
June. People who are not members of the Trade Union Federation of Education, upon request, can benefit from the safeguards laid down in the present Convention only if FSEŞ will pay 1% of the monthly salary as established by art. 390 of the Labor Code of the Republic of Moldova.
July. The provisions of the collective agreement are considered minimal, which starts from the negotiation of collective and individual employment.

IIObligaţiile General Chapter of the Parties within the social partnership

August. Parties, within the competence ensure functional:
(1) Trade Union representatives at all levels in the composition of organs and decision-making committees:
a) at the local level - in the composition of the Board of the local authority specialist attestation commission of teachers and managers, organizing committee and the contest for the position of leadership, etc.
B) at the unit level - in the composition of the Management Board (two teachers, one representing the trade union body of the institution), the senate, the faculty council attestation commission staff, the organizing committee and the contest for the position management, pricing committee, committee for safety and health committees, establishing scholarships and allocation of seats in hostels etc.
(2) participation in the development of the legal framework in the field of employment, remuneration, health and safety at the workplace.
(3) inspection of the current legislation and decisions.
(4) ensuring transparency in the formation and budget execution unit operative information to change laws and regulations through the media, newsletters, informational technologies.
(5) financial cooperation in organizing activities of common interest aimed at improving the training of leaders of institutions, union leaders, and the pursuit of cultural and sport events.
(6) develop proposals for improving the remuneration of teachers, science teachers and other categories of employees in the education system.

(7) the development of partnership in the committee for social dialogue "employer-employees' and committees for consultation and collective bargaining at the local level and drive.
(8) cooperation to popularize the profession of educator, promoting a positive image of the teacher in society and credibility school.
(9) the initiation of settlement activity as part-time specialists in the local bodies specialized in education, professionals who do not have civil servant status.
(10) submit proposals for amending legislation and regulatory acts aimed at improving the socio-economic level employees.
September. DGETS undertakes to:
(1) participate in drafting laws, draft laws, government decisions, including regulating the implementation of the Education Code, the deadline, harmonizing them with the provisions of the Labour Code.
(2) participate in obtaining financing rate hike branch of education according to the new conditions - per child, per pupil, per student and increase investment in infrastructure consolidation units.
(3) participate in approving the rules for personal, work for teachers, science teacher, teaching-auxiliary, non-teaching, administrative personnel other household, auxiliary and service.
(4) promote increased level of quality work by assessing the work of the teaching staff, organizing competitions, mobility, access to national and international projects, popularization of good practices of teachers proficient.
(5) empower managers of educational institutions seeking:
- respect the rights of employees and students in accordance with art. 134 and 136 of the Education Code, art. 9 and 10 of the Labour Code of RM;
- Fulfill the terms of collective agreements and collective labor contracts.
(6) Cm.C remit of SES, for approval, the draft normative acts on the rights of labor, professional and socio-economic employees.
(7) present at the request of SES Cm.C information, statistical data and other documents related to the development, reform, financing and optimizing its subordinated institutions, within the limits of the legislation in force.
10. Cm.C of SES assumes the responsibility to:
(1) protect the rights and professional interests, socio-economic and working conditions of its members under the Statute Syndicate.
(2) examine and identify problems in branch, notifying the administration and law.
(3) promote negotiations, mediation, conciliation for the settlement of claims, labor disputes.
(4) assistance, including free legal union members work to resolve individual disputes.
(5) distribute to employees balneotherapeutic treatment, and summer recreation of children as required by law.
(6) carry out measures of educational in the field of employment, trade union organization and training of negotiators.
(7) train young union leaders and junior leaders in the training activities.

Chapter IIIReglementări in establishing labor relations

11. The employment of teaching staff, teaching-auxiliary, non-teaching, administrative personnel other homecare service provider and will be done through individual labor contract is concluded in writing and issuance of an order under this contract in accordance with art. 45 and 65 of the Labour Code, the handover of nominal permit access to the workplace.
12. An individual employment contract ends, usually for an indefinite period (art. 54 of the Labour Code).
Individual employment contract period, not exceeding five years, ending in the cases listed in art. 55 of the Labour Code.
(1) The staff from educational institutions, teaching-teaching staff are appointed through competition conducted in accordance with law. For management of interim general education can not exceed 6 months from the date of termination of the individual employment contract.
(2) Hiring old age pensioners, not framed in work is carried out over a period of 2 years, after which can be extended up to 5 years, according to art. 55 lit. f) of the Labour Code.
(3) The teachers, whose individual employment contract ceased in terms of art. 301 par. (1) (C) shall be negotiated by the parties during the new individual employment contract.

(4) Young specialists dealing with priority vacancies. Graduates institutions assigned the Ministry of Education, receive unique benefits, social facilities leave lasting one calendar month to receive the payment in the amount of a monthly scholarship of the institution's account are placed, in accordance with regulations approved. In case of transfer
argued the young specialist (marriage, care of an ill family member etc.) in another school, indemnity and social facilities are kept in accordance with Government Decision no.802 of 29/10/2015.
(5) The probationary period shall not apply in the event of individual employment contract with young professionals and teachers, except those engaged in educational activities other than school discipline certified diploma.
(6) On employment driver is obliged to familiarize the employee with this Convention collective, the collective bargaining agreement, Rules of unity, safety and health law.
(7) dismissal of the employees union members is carried out by the school in terms of art. 86 of the Labour Code prior written consent or prior consultation with the respective trade union body (art. 87 of the Labour Code).
(8) In case of reorganization, acquisition, liquidation of educational institutions staff is subjected to reduction under art. 88, 183 and 186 of the Labour Code. Preferential right to maintain workplace lies and young professionals in the first 3 years of activity. Reducing the mass of employees can take place only if the provisions of Collective Agreement (national level) No. 11 of 28.03.2012 "On the criteria for mass reduction of jobs."
(9) The employer pays indemnity in the amount of an average monthly salary of the person, at the end of the working (negotiated collective agreement) if: 91demisionare
:
a) pensioners;
B) people with a working experience of 25 years in the institution (Fidelity);
92 termination of the individual employment contract:
a) pensioners (art. 301, para. (1) c);
B) the directors of preschools, general, professional technical mandate expires by the decision of the superior body. The allowance is given only once.

Chapter IVTimpul work and rest time

13. The normal duration of working time of employees can not exceed 8 hours per day and 40 hours per week, with two days of rest, one of which was a Sunday, except for employees who are determining the length reduced weekly working time: || | - employees aged 15 to 16 years - 24 hours;
- Employees aged between 16-18 - 35 hours;
- Employees working in harmful working conditions - 35 hours;
- Invalids I and II - 30 hours;
- Teachers - 18-35 hours;
- Healthcare professionals - 30-35 hours;
- Employees combining work with study in higher education institutions and colleges - 35 hours.
14. Working time of employees is regulated by individual employment contract, collective agreement, Rules of unity and the methodology for allocating working time teaching staff, developed by the Ministry of Education.
(1) The teaching of teachers is regulated by time / hourly schedule lessons.
The pupils and students during holidays working time of teachers may be determined by a schedule adopted by the employer, with the consent of the trade union committee, negotiated in the collective bargaining agreement.
(2) To establish optimal activity, the efficient use of working time and rest time employees, it allows for the daily working time of 12 hours, followed by a rest period of at least 24 hours (List professions / functions - Annex 1).
(3) If the overall record of working hours average number of working hours per month during normal weekly working time of 40 hours is 169 hours or 148 hours, 126, 8:00 - where the duration of the week reduced working time of 35 hours, 30 hours.

(4) The lunch break will be included in the working time for employees and the employees of the unit, if the specific work of these employees requires their constant presence in the workplace. The list of these professions (functions) and activities approved by collective agreement or the internal regulations of the unit.
(5) The employer, in agreement with the trade union and the local government will establish the practice of preschool institution.
(6) On the eve during holidays provided in Art. 111 of the Labor Code of the Republic, during staff work these days is reduced by 2 hours, including in cases when the workday day before the feast was transferred to another day.
Duration of work employees on the Friday before during holidays - Easter, Memorial Easter, and on the eve of the birth of Jesus Christ - is reduced by three hours (negotiated collective agreement).
(7) Teachers in pre-university education can benefit every week day for professional and methodical (negotiated collective labor contract) in case the teaching load does not exceed 20 hours a week.
(8) The employer is obliged to give pregnant women free time for passing prenatal medical examinations, which include labor time.
(9) one of the parents (guardian, trustee) educating a disabled child will be given extra, upon written request, one day off per month, maintaining the average wage employer's account (art. 2521, Labor code).
[Item 14 of. (9) as amended by AAAPL1 of 05/25/16, MO151-155 / 06.03.16 art.1004; into force 05.25.16]
15. Employees benefit from annual leave, additional paid annual leave, unpaid leave, social leave and leave for studies in accordance with applicable law.
(1) All employees are granted annual paid leave (Annex 2).
(2) annual leave must be granted, upon written request of the employee, according to the schedule set out in art. 116 of the Labour Code.
Scheduling annual leaves the employer is in agreement with employee representatives and is binding on the employer and employee. Scheduling annual leaves to take into account the desire of both employees and the need to ensure the proper functioning of the unit. Scheduling annual leaves to observe the following conditions:
- leave will be scheduled for each employee, so every three years to coincide with the summer season;
- Spouses working in the same unit have the right to leave at the same time.
Employer is required to prevent the employee, in writing, about the starting date of the annual leave at least 14 days prior.
In case of postponement of annual leave about finding the employee on sick leave, the performance by him of a state duty or in other cases provided by law, the employer and employee agree on a new period for the granting thereof.
(3) Employees benefit from additional paid annual leave lasting:
a) 4 days - to work in harmful conditions, blind, young people aged up to 18 years and one of the parents who two or more children aged up to 14 years (or a disabled child);
B) 7 calendar days - for management and specialist whose work involves increased psycho-emotional efforts.
C) other periods negotiated by the parties according to law.
Duration concrete additional paid leave for employees is indicated in Annex 2.
(4) The presentation of these acts of employees are given additional paid leave for family reasons, upon written request, expressed weekdays. This leave is granted strictly during the event occurrence and can not be transferred to another period (Annex no. 3).
(5) family reasons and other reasons, upon written request, the employee may be granted with the consent of the employer, an unpaid leave lasting up to 120 days, the purpose being issued order (available, decision, judgment).

One of the parents who have two or more children aged up to 14 years (or a disabled child), unmarried single parents who have a child the same age are granted annually, upon written request, leave unpaid lasting at least 14 days. This leave can be attached to annual leave or be used separately (in whole or in parts) in the periods agreed with the employer.
(6) Teachers in schools are given no more frequently than once in 10 years of teaching, leave lasting up to one year, in the manner and conditions, including payment negotiated employer and employee representatives and established by the founder and / or status of the institution.
(7) Period stationary unit subdivision, no fault of the employees, is included in the length of service that gives them the right to leave.
(8) activity in terms of working time does not involve partially restricting the rights of the employee concerning the calculation of seniority, during annual leave or other labor rights.
(9) Employees benefit from social leave under Articles 123-127 of the Labour Code.
(10) partially paid leave and additional unpaid childcare can be requested and used in whole or in part, upon written request of the employee at any time. During this period, the employee can go on leave or return to work whenever needed and can benefit in accordance with art. 97 of the Labour Code, work part time.
If the employee was in one of the parental leave wishes to resume work before the expiry of the leave, it will inform the employer in writing at least 15 working days in advance of its intention.


Chapter VNormarea and work payment
16. Standardization work in the educational institutions and payment is carried out in strict accordance with law.
DGETS undertakes to participate in development:
a) methodology for allocating teaching load;
B) the conditions of application of art. 134 (7) of the Education Code regarding the workload of young specialists.
17. For the organization of work, the employer, in agreement with the trade union body, established by order of labor standards for all employees of the unit. Annual teaching load established on September 1, typically does not change during the study. The distribution of the teaching load will be kept, usually its volume and the principle of continuity of teaching subjects in the classroom.
18. If labor standards no longer meet the conditions for which they were approved, they can be reviewed, about which employees are announced in writing and signed by at least 2 months prior.
19. Employees work payment shall be made in relation to the quantity, qualification, professional competence, seniority, job complexity incumbent busy work.
The Parties shall review the wage level education staff and participate in developing the concept of reforming the system of remuneration of teachers.
20. Responsible for the correct payment of employees work at the appointed time in the collective agreement, the employer is. Issue of salary is required.
21. The employer and the financial autonomy unit that has its own special funds can establish a wage agreement with the trade union.
22. Employees working in unfavorable working conditions benefit from the attestation of employment, a gain compensation in the amount stipulated by the collective agreement (national No. 1 of 3 February 2004).
23. During stationary unit has occurred through no fault of employees, average wages and retain staff. How employees will perform the obligation to be at the employer's disposal is determined by the order and collective agreement.
24. Stimulating and supporting employees work their material carried by the employer:
(1) Within at least one monthly wage per year fund, calculated on the basis of fees and salaries by taking into account increases, bonuses and supplements determined in accordance with current legislation and the means savings in labor remuneration fund, as follows: 50% - for premieres and 50% - for material aid.

(2) The staff of the university are paid based on the single tariff scale, and teachers receive an award for the results of the previous year in the amount of salary tariff / function acquitted in February and August.
(3) Rewarding employees and material aid that is performed under Regulation developed and approved in consultation with the trade union body and attached to the collective bargaining agreement (Annex no. 5).
25. Employees who are enrolled in continuing education courses, are guaranteed the preservation of the average wage in the workplace basic pay rate and cost of travel expenses employer's account. The conditions and the volume of funds allocated for this purpose - in the amount of at least 2% of payroll planning unit in the institution's budget and negotiated collective agreement.

Chapter VICondiţiile work. Health and Safety at Work

26. In order to ensure safe work conditions to reduce and prevent risks, work accidents according to Law No. 186 safety and health of 10.07.2008 and Government Decision "On approval of the minimum requirements for safety and health at work" No. .353 from 05.05.2010,
Parties undertake to:
(1) monitor the activities of company leaders and trade union bodies on training working conditions, respect legislation on safety and health at work;
(2) participate in the development of the List-type work and jobs in difficult, harmful and particularly harmful in educational, research and development, for which employees have rise compensation (Annex. 4);
(3) continue to work with the State Labour Inspectorate and the Inspectorate of Labor Unions aimed at formation level training managers, asset trade union health and safety at work, identify problems fully mitigate the risks at work.
27. The employer will:
(1) develop annual plan of protection and risk prevention, negotiated in the collective agreement;
(2) allocate annual budget of the institution at least 2% of payroll unit to complete measures of safety and health at work;
(3) ensure minimum safety and health at work;
(4) create internal service protection and risk prevention (as applicable) and the Committee on Safety and Health at Work. Will pay the workers' representatives on the committee for their work hours under Annex 2 to the Government Decision no.95 of 05.02.2009, establishing the cost of time considering the average salary of the person concerned;
(5) organize free medical examinations plant personnel and the youth;
(6) provide employees with instructions framework for safety and health at work for certain occupations;
(7) organize under Regulation respectively, attestation of employment no less than once every 5 years.
For employees working in workshops, halls (land) sports closed, the degree of harm is established for exceeding allowable noise level indicative 5dBA and local level 3dBA vibration;
(8) ensure air temperature in rooms workstations minimum permitted thermal limits of 18 ° C, the maximum limits of 32 ° C. At workplaces where constant air temperature exceeds 30 ° C, will ensure carbonated saline water (1 g NaCl / 1000 ml) or mineral in the amount of 2,000 ÷ 4000 ml / person / exchange, distributed temperature 16-18 ° C. In workplaces with low air temperatures (below 5 ° C) will provide hot tea in an amount of 500 ÷ 1000ml / person / change;
(9) The conditions for the supply of employees, provision of personal protective equipment, materials sanitary etc. They will be provided in the collective agreement and the individual labor contract in accordance with established regulations.
28. Trade union bodies will:
(1) participate in the composition of the health and safety officers, committee for evaluation of jobs;
(2) organize training activities for managers and union leaders and union members to inform all acts aimed at regulators in health and safety at work;

(3) ensure strict control over setting and payment of compensation increases for employees working in unfavorable working conditions (wages, reduced working time, holidays).

Chapter VIIAlte provisions drepturileşi obligations of the parties in connection with the regulation of trade union bodies


29. DG Education, Youth and Sport and the Council mun. Chişinău Syndicate of Education is recognized as partners in social dialogue in education at the local level.
30. DGETS, employers of all levels of activity Cm.C recognize the rights of SES in accordance with law, the Statute of the Trade Union of Education, the rules of international law, ratified by Moldova; refrain from any interference which would prejudice the right of employees to the establishment and management of the trade union and to freely choose their representatives.
31. Council mun. Chişinău Syndicate of Education will encourage and motivate the studious youth to join a union fully protect the rights and promote social and economic interests.
32. DGETS, the employer guarantees the elected representatives in the management bodies of trade unions following:
(1) dismissal of the employees who were elected in the trade unions, release or not to work, not allowed for 2 years after term expires (para. (4) of art. 388 of the Labour Code);
(2) shall not apply disciplinary sanctions and will not initiate their dismissal without observing the general manner of dismissal without prior written consent of the management body of the union or superior trade union body;
(3) drivers trade union bodies of the institution of which the individual basic workplace has been suspended, shall enjoy the same rights and facilities as other employees of that institution and will be given their previous job or a job similar mandate expires.
33. In order to achieve their statutory and trade union rights, trade union representatives elected in the leadership of the union will:
(1) receive, free of charge, space and adequate facilities functioning;
(2) have free access to units and subdivisions of the institution and information about socio-economic situation of the institution;
(3) receive up to 4 hours per week paid or payable calendar days granted periods negotiated with the employer, namely: - 16 days of pre-university institutions of all kinds; - Eight days of preschool and extracurricular activities of all kinds, in order to enforce the obligations of trade unions, keeping wages
environment (how to distribute the time / day given in the judgment will be specified annually respective trade union body);
(4) to use the material basis of cultural and sports destination institution, free of charge, organized by trade union action, as provided for in the collective bargaining agreement;
(5) be allowed to attend meetings, meetings, meetings, seminars, organized by the Trade Union Federation of Education and Science, maintaining the average monthly salary for the period.
34. The employer shall, without pay, in established collection of union membership fees and monthly passes them on the account of the respective trade union body. The employer has no right to retain transfer of the funds indicated or use them for other purposes.
35. The employer shall provide, in the estimate of costs of the institution for use for the purposes set out in the collective bargaining agreement, the funds in the amount of 0, 15% of the salary fund of the institution.
36. According to Art. 35 para. (1), (2), (3), (4) (7) of Law No unions. 1129-XIV from 07.07.2000 and art. 22, art. 390 par. (1) (2) (6) of the Labour Code of the Republic, Directorate-General for Education, Youth and Sports Council mun. Chisinau is obliged to create conditions for work of the Council mun. Chişinău Syndicate of Education gave free rooms with all the necessary inventory and functional furniture indispensable means of telecommunications.
Household maintenance, including repairs, heating, lighting, water supply, cleaning and security services, equipment buildings (spaces) are at the expense Directorate General for Education, Youth and Sport of the Chisinau Municipal Council.

Council agreement mun. Chişinău Syndicate of Education to quality conditions of work is required.


Final Chapter VIIIDispoziţii
37. This collective agreement takes effect upon its signature by the Parties.
38. Annexes constitute an integral part of this collective agreement.
39. The parties undertake to distribute collective agreement, after its approval in established DGETS, heads of educational institutions and chairmen of trade union bodies of all levels and to publicize by posting on sites DGETS (www.chisinauedu.md) and Municipal Council . Chişinău Syndicate of Education (www.sindedu.md).
40. Under the provisions of this Convention will be held negotiations to conclude collective agreements at school and university. The provisions of this Convention are minimal in negotiating collective agreements at unit level.
41. Control over implementation of this Convention lies with the Parties through the Commission for consultations and collective bargaining at municipality level.
42. Totals are at the end of each calendar year to joint meetings of governing bodies of DGETS and Council mun. Chişinău Syndicate of Education.
43. Each Signatory, based on mutual understanding, may propose amendments to the present Collective Convention. The right to interpretation and commenting clauses Parties to this Convention by consensus of collective belonging.
44. Three months before the expiry of validity of the present Collective Convention, parties undertake to enter into negotiations to extend them or conclusion of a convention us. Pending the conclusion of a new collective agreement, the provisions of this Convention.
45. Where compliance with the terms of this Convention by collective DGETS, heads of institutions, the trade unions concerned assumes the right to take collective labor conflict at all levels in accordance with law.
46. Triggering collective labor conflict and mass protest actions will be carried out as required by law and collective agreements. The right to strike declaration and organization belongs to respective trade union body. Between suspended strike negotiations.


GENERAL DIRECTOR GENERAL DIRECTORATE OF EDUCATION, YOUTH AND SPORT

CHISINAU MUNICIPAL COUNCIL Tatiana Nagnibeda-Tverdohleb
CHISINAU MUNICIPAL COUNCIL PRESIDENT


TRADE UNION OF EDUCATION AND SCIENCE Maria SÎRBU

Annex 1



Annex 2 [Annex 2 amended by AAAPL1 of 05/25/16, MO151-155 / 03.06.16 art.1004; into force 25.05.16]


Annex 3. [Annex 3 as amended by AAAPL1 of 05/25/16, MO151-155 / 03.06.16 art.1004; into force 25.05.16]


Annex 4. [Annex 4 modified by AAAPL1 of 25/05/16, MO151-155 / 03.06.16 art.1004; into force 25.05.16]

Annex No. 5