LABOR CODE OF THE REPUBLIC OF MOLDOVA

of March 28, 2003 No. 154-XV

The parliament accepts this code.

This law:

- partially shifts (parts (1) and (2) articles 1, of article 2 and 3, of part (1), (2) and (4) Articles 4, of part (1), (2) and (5) Articles 5, Article 6, part (2) Article 9 and Article 10) the Directive of the European parliament and Council 2008/104/EC of November 19, 2008 about the work received through the temporary employment agent published in the Official magazine of the European Union by L 327/9 of December 5, 2008; CELEX: 32008L0104;

- partially shifts (Items (e) and (f) of Article 3, parts (1) and (4) Articles 8, part (1) Articles 9, part (1) Article 10 and Article 12) the Directive of Council 94/33/EC of June 22, 1994 about protection of the working youth, published in the Official magazine of the European Union by L 216/12 of August 20, 1994, CELEX: 31994L0033, with the subsequent changes made by Regulations of the European parliament and Council (EU) 2019/1243 of June 20, 2019;

- partially shifts (Items 1, 2, the 4 and 9 Articles 2, Articles 3, 5 and 8, Items (b) and (c) of Article 16, part (5) Article 17 and Article 19) the Directive of the European parliament and Council 2003/88/EC of November 4, 2003 about some aspects of the organization of working hours, published in the Official magazine of the European Union by L 299/9 of November 18, 2003, CELEX: 32003L0088;

- partially shifts (part (2) Articles 1, Item (a) of Article 2, Items (f) - (h) and (j) - (l) of part (2) Articles 4, part (2) Articles 6, Item (d) of part (1) Articles 7, Articles 12, 13 and 17 and part (1) Articles 18) the Directive of the European parliament and Council (EU) 2019/1152 of June 20, 2019 about transparent and predictable working conditions in the European Union, published in the Official magazine of the European Union by L 186/105 of July 11, 2019, CELEX: 32019L1152.

Section I General provisions

Chapter I Introduction provisions

Article 1. Basic concepts

In this code the following basic concepts are used in value:

the company - the company, organization or the organization with the status of the legal entity irrespective of type of property, form of business and departmental subordination or industry accessory;

the employer - the legal entity (company) or physical person hiring workers based on the individual employment contract signed according to provisions of this Code;

the owner – physical person or legal entity which in the course of reorganization of the company, change of its type of the property or the owner assuming change of the employer loses the legal capacity as the employer concerning the company or its part;

the legal successor – physical person or legal entity which in the course of reorganization of the company, change of its type of the property or the owner assuming change of the employer acquires legal capacity of the employer concerning the company or its part;

the worker - the physical person performing work for the employer and under its management according to certain specialty, qualification or on certain position and receiving the salary based on the individual employment contract;

employee representatives – the trade-union body operating, as a rule, at the company according to the current legislation and charters of labor unions, and in case of its absence – other employee representatives of the company elected by them according to the procedure, established by this code (Article 21).

the expectant mother – the woman who in writing informs the employer on the physiological condition of pregnancy also attaches the medical certificate issued by the family doctor or the specialist doctor confirming this condition;

recently given rise woman – the woman who renewed labor activity after postnatal leave and in writing addresses the employer about rendering measures of support, stipulated by the legislation, attaching the medical certificate issued by the family doctor, but no later than six months after the delivery;

the feeding woman – the woman who at the time of renewal of labor activity after postnatal leave nurses the child and in writing informs on it the employer;

the young specialist – the graduate of the highest, average special or average professional educational institution within the first three years after its termination;

violence in the field of work – behavior, action, act, failure to act or the threat made once or repeatedly within employment relationships, and also other directly related relations the purpose and/or consequence of which is causing damage of physical and mental integrity, sexual integrity or economic independence of person. Violence in the field of work includes, in particular, physical attack, intimidation, coercion, verbal insults or psychological prosecution, sexual violence, prosecution with use of networks of telecommunication and other forms of behavior encroaching on advantage, health or safety of person irrespective of, they are performed by the employer, the worker or the third parties;

harassment in the field of work – the undesirable behavior expressed once or repeatedly by actions, words, gestures or shown in other forms within employment relationships, and also other directly related relations, the purpose and/or consequence of which infringement of human dignity and creation on workplace of spiteful, intense, destructive, humiliating or unfriendly situation are. Harassment in the field of work can be based on any real or expected sign protected by the law and be performed by the employer, the worker or the third parties to whom person comes into contact in the course of execution of the labor obligations;

sexual harassment – manifestation of physical, verbal, nonverbal behavior or other actions of sexual nature leading to creation of spiteful, hostile, destructive, humiliating or offensive situation the purpose or consequence of which is infringement of advantage of the personality;

professional advantage – the comfortable psychoemotional situation in employment relationships excluding any form of verbal or nonverbal behavior from the employer or other workers which can negatively influence moral and mental integrity of the worker;

written form – information (the certificate, the document, the agreement, another) displayed by letters, figures, graphical symbols on paper or in electronic format; the text written with own hand on paper; information faxed or with use of other means of communication, including electronic, allowing reading of information;

confirmation of the obtaining/notification – the obtaining/notification is considered confirmed after accomplishment of at least one of the following conditions, depending on what will be executed from them earlier:

a) transfer of the notification to the receiver;

b) transfer of the notification to the postal address specified by the receiver for this purpose or, in case of its absence, in the location of the receiver legal entity or at the place of residence of the receiver physical person;

c) transfer of the notification e-mail or other individual means of communication when the receiver can get access to it, including according to stipulated by the legislation rules of sending and receipt of the electronic document;

d) provision of the notification to the receiver by any other method in that place and thus which will provide to the receiver the best possibility of immediate access.

compensation – the monetary reward including base pay (the tariff charge, official pay rate) and all surcharges, allowances, awards and other stimulating and compensation payments made to the worker by the employer according to the individual employment contract for the performed work;

the salary level – corresponding annual gross - remuneration and hourly gross - remuneration;

gender gap in compensation – the difference between the average level of the salary of female workers and the average level of the salary of male workers expressed percentage of the average level of the salary of male workers;

equal work – the work performed on the same positions according to the identical requirements imposed to education, professional training and training, competence (skills), efforts, responsibility, the performed activities, nature of objectives and working conditions;

work of equal value – the work performed on different positions or line items, but recognized equivalent based on the identical requirements imposed to education, professional training and training, competence (skills), efforts, responsibility, the performed activities, nature of objectives and working conditions;

shift work – factory job which will be organized in such procedure when one workers are replaced by others on the same workplaces according to certain operating mode, including by means of rotation and which duration can be preryvny or continuous;

easy work – work which in strength of mind of the carried-out tasks and specific conditions in which it is carried out cannot do harm to safety, health or development of physical persons aged from fifteen up to sixteen years and also does not interfere with their training and professional training;

flexible forms of work – working schedules which allow workers to adapt the working schedule, including due to application of remote work, outwork, flexible operating mode, part-time or compressed working week;

the rest period – the period which is not working hours;

the working schedule – the schedule determining hours and days of the beginning and completion of work, breaks, alternation of working and non-working days;

sufficient rest – the regular periods of rest provided to workers which duration is measured in units of time and which are rather long and continuous to prevent injuring of the worker or causing harm by it to other workers or other persons or causing damage to own health in the long-term or short term owing to fatigue or irregular working rhythm;

the worker working at night – any worker who works at least three hours from the regular daily duration of working hours at night or performs work of at least 30 percent of the monthly duration of working hours at night;

work through the temporary employment agent – the work performed by the temporary employee who signed the individual employment contract for certain or uncertain term with the temporary employment agent and went into the disposal the user of temporary work for accomplishment of temporary work under its supervision and management;

the temporary employment agent – the physical person performing business activity, or the company, organization or the organization with the status of the legal entity irrespective of type of property, form of business, departmental subordination or industry accessory which notified State Labour Inspection on the beginning of the activities and sign with temporary employees individual employment contracts for certain or uncertain term for the purpose of provision them in the order of users of temporary work for accomplishment of temporary work under their supervision and management;

the temporary employee – the worker who is the citizen of the Republic of Moldova, the foreign citizen or the stateless person, signed the individual employment contract with the temporary employment agent for the purpose of its provision in the order of the user of temporary work for accomplishment of temporary work under its supervision and management;

the user of temporary work (further also – the user) – the physical person performing business activity, or the company, organization or the organization with the status of the legal entity irrespective of type of property, form of business, departmental subordination or industry accessory, for which and under supervision and which management the temporary employee presented by the temporary employment agent performs temporary work;

temporary work assignment – the period for which the temporary employee goes into the disposal the user for accomplishment of temporary work under its supervision and management;

the main working conditions and employment – set of the working conditions and employment established by this code (Articles 49 and 51), other regulations, collective agreements, the collective employment contract and/or other mandatory provisions, applicable to the user.

Article 2. Regulation of employment relationships and other directly related relations

(1) This code regulates set of individual and collective employment relationships, control of application of regulations in this area, labor jurisdiction, and also other relations which are directly connected with labor.

(2) Action of this Code extends to the employment relationships regulated by the organic laws and other regulations.

(3) In cases when the degree of jurisdiction determines that the civil agreement actually governs employment relationships between the worker and the employer, provisions of the labor law are applied to such relations.

Article 3. Coverage of this Code

Provisions of this Code extend on:

a) workers - the citizens of the Republic of Moldova who are working at the basis of the individual employment contract in the Republic of Moldova, including signed the agreement of continuous professional training or the agreement of professional qualification;

b) workers - the foreign citizens or stateless persons working at the basis of the individual employment contract at the employer performing activities in the Republic of Moldova;

b 1) of workers - the citizens of the European Union and the states which signed the Schengen agreement, employed based on the individual employment contract and working in the Republic of Moldova;

c) workers - the citizens of the Republic of Moldova working in diplomatic representations of the Republic of Moldova abroad;

d) employers - the physical persons or legal entities of the public, private or mixed sector using wage labor;

e) workers of devices of the public, religious associations, labor unions, patronages, funds, batches and other non-profit organizations using wage labor;

f) temporary employment agents, temporary employees and users of temporary work according to the definitions given in this code.

Article 4. The legal and other regulations containing regulations of labor right

Employment relationships and other directly related relations are governed by the Constitution of the Republic of Moldova, this code, other laws, other regulations containing regulations of labor right:

a) resolutions of Parliament;

b) presidential decrees of the Republic of Moldova;

c) resolutions and orders of the Government;

d) the acts of work issued by the Ministry of Labour and Social Protection, other central industry bodies of public management within the powers delegated by it the Government;

e) acts of bodies of local public authority;

f) regulations at the enterprise level;

g) collective employment contracts and collective agreements; and also

h) international treaties, agreements, conventions and other international acts, one of the parties of which is the Republic of Moldova.

Chapter II Basic principles

Article 5. Basic principles of regulation of employment relationships and other directly related relations

Proceeding from rules of international law and according to the Constitution of the Republic of Moldova the basic principles of regulation of employment relationships and other directly related relations are:

a) freedom of work including right to work which everyone freely chooses or to which agrees without coercion, the right to dispose of the capabilities to work, to choose profession and occupation;

b) prohibition of forced (obligatory) labor;

b 1) prohibition of any forms of discrimination, violence and harassment within employment relationships;

c) protection against unemployment and assistance in employment;

d) providing the right of each worker to the fair working conditions including meeting the requirements of health protection both labor safety, and rights to rest including regulation of duration of working hours, provision of annual paid leave, daily rest, output and non-working holidays;

e) equal rights and opportunities of workers;

f) guaranteeing the right of each worker on timely, in complete size and the fair pay of work providing it and his family worthy existence;

f-1) equal pay for equal work or work of equal value;

g) ensuring equality of workers, without any discrimination, in case of promotion on work taking into account labor productivity, qualification and length of service in the specialty, and also in case of professional training, retraining and advanced training;

h) providing the right of workers and employers on consolidation for protection of the rights and interests, including the rights of workers to consolidation in labor unions and membership in them and the rights of employers to consolidation in patronages and membership in them;

i) providing the right of workers to the participation in enterprise management performed in the forms provided by the law;

j) combination of the state and contractual regulation of employment relationships and other directly related relations;

k) obligation of full recovery the employer of the material and moral damage caused to the worker in connection with execution of labor obligations by it;

l) establishment of the state guarantees of providing rights of workers and employers, and also control of their observance;

m) providing right of each worker to protection of the labor rights and freedoms, including rights to the direct appeal to supervision bodies and control, bodies of labor jurisdiction;

n) providing the right to permission of individual employment disputes and collective labor disputes, and also the rights to strike according to the procedure, established by this code and other regulations;

o) obligation of the Parties of collective and individual employment contracts to comply with contractual conditions, including the right of the employer to demand from workers of execution by them of labor obligations and careful attitude to property of the employer and respectively the right of the worker to demand from the employer of accomplishment of its obligations in relation to workers, the observance of the labor law and other acts containing regulations of labor right;

p) providing the right of labor unions to exercise public control over observance of the labor law;

r) providing the right of workers to protection of honor, advantage and professional reputation in the period of labor activity;

s) guaranteeing right to compulsory social and medical insurance of workers.

Article 6. Not restriction of right to work and freedom of work

(1) Freedom of work is guaranteed by the Constitution of the Republic of Moldova.

(2) Everyone is free in the choice of place of employment, profession, occupation or activities.

(3) Nobody can be shall work or not work throughout all the life at certain workplace or by certain profession whatever they were.

(4) Any transaction made with violation of provisions of parts (1), (2) and (3), is invalid.

Article 7. Prohibition of forced (obligatory) labor

(1) Forced (obligatory) labor is prohibited.

(2) Forced (obligatory) labor means any work or any service to which person is forced or on which it did not give the consent.

(3) use of forced (obligatory) labor in any form Is forbidden, namely:

a) as measure of political or educational impact or measure of punishment for support or expression of the political views or beliefs opposite to the installed political, social or economic system;

b) as means of mobilization and use of labor power for needs of economic development;

c) as instrument for ensuring of labor discipline;

d) as punishment measure for participation in strike;

e) as measure of discrimination on the basis of race, nationality, religion or social position.

(4) treat forced (obligatory) labor:

a) violation of fixed terms of salary payment or its payment not in complete size;

b) the requirement of the employer of execution by the worker of labor obligations in the absence of systems of collective or individual protection or in case accomplishment of required work can threaten life or health of the worker.

(5) are not considered as forced (obligatory) labor:

a) military service or the activities of persons replacing it which according to the law do not pass obligatory military service;

b) work of the condemned person during imprisonment or in case of parole from punishment, performed in normal conditions;

c) work in the conditions of natural disasters or other danger, and also the work which is part of the regular civil obligations established by the law.

Article 7-1. Prohibition of not declared work

(1) not declared work is prohibited.

(2) not declared work means any work performed by physical person for and under control of the employer without observance of the provisions of this Code relating to the conclusion of the individual employment contract.

Article 8. Prohibition of employment discrimination

(1) Within employment relationships the principle of equality of all workers is effective. Any direct or indirect discrimination of the worker on the basis of sex, age, race, skin color is forbidden, to nationality, religions, political convictions, social origin, the residence, availability of restriction of opportunities, HIV / СПИД-инфецирования, memberships in labor union or participations in trade-union activities, and also by other criteria which are not connected with professional qualities of the worker.

(2) establishment of distinctions, exceptions, preferences or the separate rights for the workers caused by the requirements specific to this type of work or provided by the current legislation, or special care of the state of persons needing the raised social and legal protection is not discrimination.

Article 8-1. Prohibition of violence and harassment in the field of work

(1) Within employment relationships, and also other directly related relations any forms of violence and harassment irrespective of their manifestation, frequency, intensity or from the status of person making them are prohibited.

(2) Regulations on prevention of violence and harassment in the field of work and fight against them are applied to the actions made during execution of labor obligations in connection with labor activity or as a result of labor activity, including in the situations and rooms connected with professional activity, in particular:

a) on workplace, including the public or private places which are actually used for implementation of professional activity;

b) in the auxiliary rooms provided by the employer, such as the rooms intended for payment of remuneration, rest, meal, bathrooms, locker rooms or other similar rooms;

c) during the business trips and actions connected with labor activity, including office trips, programs of professional training, event or the public actions organized in office interests;

d) through any forms of communication connected with labor activity, including information and communication technologies;

e) in the premises provided by the employer;

f) in the time spent of the worker in transit to place of employment and from place of employment on the transport provided by the company.

(3) the Employer shall provide safe, healthy working environment, free from violence and harassment, way:

a) developments and realization of domestic policy on prevention of violence and harassment in the field of work and fight against them;

b) establishments of accurate, available, impartial and confidential procedures for the notification, investigation and pronouncement of decisions according to addresses in connection with acts of violence and/or harassments in the field of work;

c) identifications and risks assessments of emergence of violence and harassment in the field of work with participation of workers or their representatives;

d) informing workers with frequency at least once a year about their rights, obligations and internal procedures on prevention of violence and/or harassment in the field of work and fight against them, and also about the available mechanisms of protection and the notification;

e) ensuring protection against any undesirable address or behavior concerning the persons reporting about acts of violence and/or harassments in the field of work or being their victims.

(4) the Employer according to part (3) develops and approves provisions of domestic policy depending on scale, nature of activities and organizational structure of the company. The domestic policy shall include at least the following elements: the purpose and the general principles, the corresponding concepts and determinations, obligations and responsibility of nominated persons or commissions of inquiry, the procedure of the notification and investigation of the registered cases, applicable measures of protection and compensations of damage, and also mechanisms of monitoring, efficiency evaluation and frequency of updating of policy.

(5) the Employer provides access for workers to provisions of domestic policy to one of the following methods: placement in a visible place, distribution electronically - or other methods which are not prohibited by the law.

(6) Provisions of parts (3) and (4), the concerning developments and deployments of domestic policy, establishment of procedures for the notification, investigations and settlements of cases of violence and harassment in the field of work, and also appointments of persons or commissions of inquiry, are applied without fail to employers at whom at the company at least 50 workers are employed.

(7) the Employers having less than 50 workers take reasonable and proper measures on prevention of violence and harassment in the field of work and fight against them it is pro rata to the number of workers, nature of activities and organizational structure with respect for the principles of prevention, impartiality, confidentiality and effective protection of the corresponding persons.

Article 8-2. The procedure of the notification, investigation and settlement concerning cases of violence and harassment in the field of work

(1) the Employer establishes accurate, available, fair and effective internal procedure for the purpose of the notification, investigations and settlements concerning the cases of violence and/or harassment occurring within employment relationships, and also other directly related relations.

(2) the Procedure provided by part (1), shall provide at least the following guarantees:

a) possibility of submission of addresses in writing, including by means of electronic means, directly injured worker or through his representative appointed according to the law;

b) immediate registration of the address, accounting by the means established by the employer and consideration of each address in time, stipulated in Item f), with respect for impartiality and confidentiality of personal data and the identity of the involved persons;

c) appointment in each separately taken case the internal order (the order, the decision, the resolution) of the prepared person or the commission of inquiry consisting from which had training concerning prevention of violence and harassment in the field of work and fight with them of the employees who are not in conflict of interest and capable to objectively analyze the created situation;

d) ensuring right of defense for all parties participating in the procedure by provision of opportunity to offer explanations, to bring evidence, to get legal aid or advice, and also to be in detail informed on the procedural law by it;

e) application - with inevitable risk of damnification, intimidation or coercion - measures for temporary protection concerning the addressed person and on circumstances of witnesses or other involved persons. Depending on the specific facts of the case these measures can include the following: temporary change of workplace or working schedule of one of the parties; restriction of direct interaction between the involved persons, temporary distribution of other obligations or working rooms, provision of paid or unpaid leave on the statement and from written consent of the corresponding worker, other measures provided by domestic policy of the employer which provide effective protection of person;

f) consideration of the address to reasonable time which shall not exceed 30 days from the date of its registration, with possibility of single prolongation of term for the reasonable reason no more than for 15 days;

g) written informing within five working days after completion of the procedure of the involved parties about conclusions of investigation, the appointed measures and for circumstances about ways of appeal or the direction of the subsequent petitions to competent authorities.

(3) during procedure of investigation the employer shall:

a) provide confidentiality of personal data, and also the identity of the involved parties, including after completion of the procedure;

b) provide protection of persons which submitted addresses, persons participating in quality of witnesses, or persons involved in this procedure from any forms of undesirable influence, pressure or intimidation;

c) store documentation relating to the address and holding procedure within at least three years from the date of its completion with compliance with law about personal data protection.

(4) the Obligation to observe confidentiality of the procedure of investigation and to protect personal data and the identity of the involved parties is assigned to all persons participating in this procedure, including members of commissions of inquiry, witnesses, persons, representatives to accept addresses, and also on any other person who owing to the obligations or participation has access to this information. Violation of this obligation attracts the responsibility provided by the law.

(5) Depending on results of investigation the employer takes necessary measures according to the legislation which depending on circumstances can include:

a) acceptance based on results of the procedure of investigation provided by this Article, decisions on initiation of disciplinary production according to provisions of this Code for the purpose of application to the worker of the corresponding collection who made act;

b) the appeal to competent authorities, including criminal prosecution authorities if committed act answers signs of offense or crime;

c) provision to the injured person of necessary support, including measures for temporary protection, assistance to recovery of safe working environment and prevention of repeating of situations of risk.

(6) Establishment of acts of violence and/or harassments in the field of work and application of authority punishments for them do not exclude possibility of involvement of the perpetrator to the tort liability or to criminal liability if these acts contain signs of structure of offense or crime according to the legislation.

(7) the Employer has the right to address to specialized external consulting service or to request support of employee representatives, competent authorities for ensuring the impartial investigation conforming to requirements of the law.

(8) Implementation of the right of the worker to the appeal to degree of jurisdiction, State Labour Inspection, Council for questions of equality or other competent authority does not depend on initiation or completion of the internal procedure provided by this Article.

Article 9. Basic rights and worker's obligations

(1) the Worker has the right on:

a) the conclusion, change, suspension of action and termination of the individual employment contract according to the procedure, established by this code;

b) work according to conditions of the individual employment contract, and also improvement of working conditions by promotion of more transparent and predictable forms of labor activity;

c) the workplace corresponding to the conditions provided by state standards of the organization, health protection and labor safety, the collective employment contract and collective agreements;

d) timely and in full receipt of the salary according to the qualification, complexity, quantity and quality of the performed work;

d-1) obtaining on information request about the work pay levels separately on the basis of sex for the employee categories which are carrying out equal work or work of equal value;

e) the rest provided with establishment of normal duration of working hours, the reduced working hours for separate professions and employee categories, provision of sufficient rest and non-working holidays, annual paid leaves;

f) on complete and reliable information about activities conditions before employment or transfer into other position, in particular about work payment terms, including about the size of official pay rate or tariff charge, allowances, awards and financial support (if they enter wages system of the company), frequency of payment execution and the applied criteria of determination of the pay levels of work;

f-1) on informing and consultation on occasion of economic situation of the company, health protection and labor safety, and also on other questions concerning work of the company according to provisions of this Code;

g) the address to the employer, in patronages, labor unions, bodies of the central and local public authority, bodies of labor jurisdiction;

h) professional training, retraining and increase in the qualification according to this code and other regulations;

i) free consolidation in labor unions, including creation of the trade-union organizations and the introduction in them for protection of the labor rights, freedoms and legitimate interests;

j) participation in enterprise management according to this code and the collective employment contract;

k) conducting collective bargainings and the conclusion through the representatives of the collective employment contract and collective agreements, and also on information on their accomplishment;

l) protection of the labor rights, freedoms and legitimate interests by the methods which are not prohibited by the law;

m) permission of individual employment disputes and collective labor disputes, including the right to strike, according to the procedure, established by this code and other regulations;

n) compensation of the material and moral damage caused to it in connection with execution of labor obligations according to the procedure, established by this code and other regulations;

o) compulsory social and medical insurance according to the procedure, provided by the current legislation.

(1-1) Workers cannot refuse the rights provided by this code. Any agreement directed to refusal of the worker of the labor rights or to their restriction is invalid.

(1-2) Workers have the right to safe, healthy, worthy working environment, free from any forms of violence and/or harassment, as well as the right:

a) to periodically obtain information on the internal procedures and measures applicable for the purpose of prevention of violence and harassment in the field of work and fight against them;

b) report on confidentiality terms about any act of violence or harassments to which they underwent;

c) request and receive on the conditions established by domestic policy proper measures on protection and support, such as psychological, legal or other consulting assistance if they are the victims of acts of violence or harassments in the field of work;

d) with the consent of the employer to interrupt implementation of activities in case of availability of inevitable and substantial risks of violence and/or harassment in the field of work with the obligatory notification quickly of the employer about the established circumstances.

(2) the Worker shall:

a) to honesty fulfill the labor duties provided by the individual employment contract;

b) carry out the established work regulations;

c) follow regulations of the company if they are developed and approved by the employer and to constantly carry in case of itself the personal permission to the admission to workplace issued by the employer;

d) observe labor discipline;

d-1) show non-discriminatory behavior in the relations with other workers and the employer; 

d-2) observe the right of other workers to professional advantage;

not allow d-3) in the behavior of acts of violence or harassments within employment relationships;

e) observe requirements for health protection and labor safety;

f) make thrifty use of property of the employer and other workers;

g) without delay to report to the employer or the direct head about emergence of the situation posing threat of life and to human health or safety of property of the employer;

without delay to report g-1) to the employer or the direct head about impossibility to come to work with representation within five working days after resumption of work of the documents proving absence;

h) pay in accordance with the established procedure fees of compulsory national social insurance and fees of compulsory medical insurance;

i) carry out other obligations provided by the current legislation, the collective employment contract and collective agreements.

Article 10. Rights and obligations of the employer

(1) the Employer has the right:

a) conclude, change, suspend and terminate individual employment contracts with workers according to the procedure and on the conditions established by this code and other regulations;

b) demand from workers of execution of labor obligations and careful attitude to property of the employer by them;

c) encourage workers for honest and effective work;

with 1) to provide to the workers having children under three years, services in care of them;

with 2) to provide availability of spaces for children aged is more senior than three years;

d) involve workers to disciplinary and financial responsibility according to the procedure, established by this code and other regulations;

e) publish regulations at the enterprise level;

f) create patronages for the purpose of representation and protection of the interests and to enter them.

(2) the Employer shall:

a) observe the laws and other regulations, conditions of the collective employment contract and collective agreements;

b) comply with conditions of individual employment contracts;

approve and/or change b-1) states of employees of the company in accordance with the terms, established by this code;

c) ceased to be valid;

d) provide to workers the work provided by the individual employment contract;

e) provide to workers of working condition, the health protection meeting the requirements and labor safety;

f) provide workers with the equipment, tools, technical documentation and other means necessary for execution of labor obligations by them;

provide with f-1) to all persons equal opportunities and equal, without any discrimination, approach in case of employment by profession, in case of professional orientation and preparation, in case of promotion on work;  

f-2) apply identical quality criterions of work, application of penalties and dismissal;

f-3) take measures for prevention of discrimination on any sign, sexual harassment and victimization on workplace and fight against these phenomena;

provide with f-4) equal conditions to women and men for combination of labor activity with family obligations;  

f-5) ceased to be valid; 

provide to f-6) respect for professional advantage of workers;

f-7) to prevent, reveal, stop and punish according to the law all forms of violence or harassment in the field of work;

f-8) develop, approve and realize the clear, consistent and functional domestic policy on prevention and suppression of violence and harassment in the field of work and fight against them including procedures of the notification, investigation and consideration of addresses;

provide to f-9) regular informing workers on their rights and obligations, and also on measures for prevention, protection and reaction in cases of violence or harassment in the field of work;

f-10) to cooperate on request or on the initiative with competent authorities in the course of investigation and settlement of cases of violence or harassment in the field of work, and also to record the received addresses, the taken measures and the received results according to the law;

g) provide equal pay for equal work or work of equal value;

h) pay in complete size the salary which is due to workers in the terms established by this code, the collective employment contract and individual employment contracts;

i) conduct collective bargainings and sign the collective employment contract, providing to employee representatives complete and reliable information, necessary for its conclusion, and also information necessary for control of its accomplishment;

j) inform and advise workers concerning economic situation of the company, health protection and labor safety, and also on other questions concerning work of the company according to provisions of this Code;

k) to timely carry out instructions of state bodies on supervision and control, to pay the penalties imposed for violations of the legal and other regulations containing regulations of labor right;

l) consider addresses of workers or their representatives concerning violations of the legal and other regulations containing regulations of labor right, take measures for their elimination and inform specified persons on the taken measures in the terms established by the law;

m) create conditions for participation of workers in the enterprise management according to the procedure established by this code and other regulations;

n) provide to workers the sanitary living conditions necessary for execution of the labor obligations by them;

o) perform compulsory social and medical insurance of workers according to the procedure, provided by the current legislation;

p) compensate the material and moral damage caused to workers in connection with execution of labor obligations by them according to the procedure, established by this code and other regulations;

r) fulfill other duties provided by this code, other regulations, collective agreements, collective and individual employment contracts.

Article 11. Normative and contractual regulation of employment relationships

(1) the Minimum level of labor rights and guarantees for workers is established by this code and other regulations containing regulations of labor right.

(2) can be established by Individual and collective employment contracts and collective agreements for workers additional, in addition to the provided by this code and other regulations, labor rights and guarantees.

Article 12. Invalidity of conditions of the individual and collective employment contracts and collective agreements or legal acts published by bodies of public management, the workers worsening situation

Conditions of the individual and collective employment contracts and collective agreements or legal acts published by the bodies of public management specified in Items d) and e) Articles 4, worsening situation of workers in comparison with the labor law, are invalid and have no legal effects.

Article 13. Priority of international treaties, agreements, conventions and other international acts of work

If international treaties, agreements, conventions or other international acts, one of the parties of which is the Republic of Moldova, other provisions than containing in this code are provided, the international standards have priority.

Article 14. Calculation of the terms provided by this code

(1) the Current of terms which this code origin or the termination of employment relationships contacts begins next day after date which determines origin or the termination of labor rights and obligations.

(2) the Terms estimated for years, months, weeks expire in the corresponding numbers of the last year, month or week of term. In time, estimated in calendar weeks or days, also non-working days join.

(3) If the end of the term estimated for months falls on month with large or smaller number of days in comparison with month from which the current of term began, then day of the expiration the last day of month in which term expires is considered.

(4) If the last day of term falls on non-working day, the first working day following it is considered day of the termination of term.

The Section II Social partnership in the field of work

Chapter I General provisions

Article 15. Concept of social partnership

Social partnership - system of relations between workers (employee representatives), employers (representatives of employers) and relevant organs of the public power in the course of determination and realization of the social and economic rights and interests of the parties.

Article 16. Parties of social partnership

(1) the Parties of social partnership at the enterprise level are workers and employers on behalf of their representatives, representatives in accordance with the established procedure.

(2) the Parties of social partnership at the national, industry and territorial levels are labor unions, patronages and relevant organs of the public power on behalf of their representatives, representatives in accordance with the established procedure.

(3) Organa of the public power are the parties of social partnership when they act as employers or their representatives authorized by the law or employers.

Article 17. Basic principles of social partnership

The basic principles of social partnership are:

a) legality;

b) equality of participants;

c) parity of representative office of the parties;

d) polnomochnost of agents of the parties;

e) interest of the parties in participation in contractual relations;

f) observance of regulations of the current legislation by the parties;

g) mutual trust between the parties;

h) assessment of real opportunities of accomplishment of the obligations undertaken by the parties;

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