Question of the day

Labour Code to be completed with a new article to regulate flexible working hourswhich shall be determined by the employer in agreement with the employee, at the employee’s request, if this possibility is provided for in the collective agreement, the internal rules of the establishment or other legislative act at the level of the establishment.

In the Official Gazette of 31 July this year was published Law No 115 of 9 July 2020 amending the Labour Code of the Republic of Moldova.

Flexible working hours are thus established on the basis of an agreement between the parties, with the employer monitoring the employee’s daily working time. The working conditions under flexible working hours shall be set out in the individual employment contract. Daily working time it can be divided into two periods: a fixed period, during which the employee is at work, and a variable period, during which the employee chooses his arrival and departure times.

At the same time, the law provides that in continuous flow units and in certain works with a continuous working regime, which do not allow the duration of the working day (shift) on the eve of the non-working holiday to be reduced, the working time (s) that cannot be reduced shall be regarded as overtime.

At the same time, the document provides that employees to be transferred to permanent night work, before the transfer, will undergo a medical examination from the employer’s account. Employees whose night work is contraindicated according to the medical certificate are to be transferred to day work for which they are qualified.

It shall be permitted to provide in the collective agreement or individual employment contract for the possibility of compensating overtime for free hours, with the written agreement of the parties. In this case, the free time will be granted within 30 days from the performance of the additional work.

For the period of the periodic medical examinations, the employees are guarantee maintenance of employment (position) and average salary.

The Labour Code is also supplemented by a new provision to which the employee who intends to adopt a child shall be granted, upon written application, unpaid leave for the duration of the custody of the adoptable child, which shall not exceed 90 calendar days.

The Labour Code is also supplemented by provisions on information and consultation of employees, the right to participate in collective bargaining, guarantees for employees combining work and study under doctoral and postdoctoral programmes.

Source: monitor.fisc.md