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The new modifications of the Labor Code redefine some employees obligations

The cabinet of Ministers has approved a series of modifications and amendments to the Labor Code of the Republic of Moldova during the meeting held on June 23, 2017. The measure aims to enrich the business sector and investment climate through improving the legislation and redefinition of some employees obligations.

Thus, employers will be exempted of the obligation to present to the territorial labor inspection information about staff posts as well as to issue to employees the nominal access permits. At the same time, issuing the employment order will become optional, which will contribute to reduce the administrative burdens of employers.  

The individual labor contract with foreign citizens will be possible to signed on a determined period. This amendment is needed because foreigners perform their activity according to a notice of temporary staying that is issued for a determined period.

At the same time the individual labor contracts will be stopped including if authorities withdraw the authorization which offers a person the right to work in a specific profession. For example, for drivers when withdrawing the driving license. Also directors of branches or offices will announce the intention to leave with one month before leaving.

Also, the document promoted by the Administration regulates the cases of serious violation of labor obligations. Among them are: receipt and relieve of goods, as well as of money without necessary documents; provide services through using the function in exchange of a remuneration; using in personal aims the collected money and employers goods. Also serious violation will be considered the non-compliance with the confidentiality clause; violation of security and health requirements; refusal to pass the medical examination, when it is obligatory; causing a material prejudice in an amount that exceed five average monthly salaries forecasted.

The document foresees that the employee will be obliged to inform the employer or the director about the impossibility to come to work, immediately the unplanned circumstances appeared. Also the employers have the possibility to apply towards young specialists the probation period.

The Law Project was developed by two work groups created under the aegis of the Economic Council of the Prime Minister with participation of representatives of the public authorities, business associations, unions and employers organizations and civil society.

The document will be send for examination to the Parliament.