Moldova Implements Key Legislative Changes Affecting Parents' Work and Private Life

In a significant move to align with European standards, Moldova has amended various laws concerning the professional and private lives of parents. This legislation brings Moldova into compliance with directives from the European Parliament and the Council, specifically Directive 2003/88/EC regarding certain aspects of working time organization and Directive (EU) 2019/1158 on work-life balance for parents and caregivers.

Major Amendments to the Labor Code:

1. Introduction of New Concepts: The notion of "work of equal value" is now followed by two new concepts:

• Shift Work: Employment at a facility organized in a manner where employees rotate at the same workstations according to a certain work schedule, which can be continuous or discontinuous.
• Light Work: Jobs that, due to their nature and specific conditions, do not jeopardize the safety, health, or development of individuals aged between 15 and 16 years, nor their professional training.

2. Employment Contract for Minors: Individuals can enter into an employment contract from the age of 15 with parental or legal guardian consent, specifically for light work, with specific conditions established by the Government.

3. Enhanced Communication Obligations: Amendments ensure that the obligation to inform, in writing and promptly, includes indicating the country for relevant cases.

4. Inclusion of Refugees: Refugees working in Moldova on temporary or permanent projects are now explicitly included under specific conditions.

5. Unpaid Leave for Caregiving: Employees can take up to 5 unpaid leave days annually to care for a person living in the same household.

6. Removal of Meal Break Inclusion: Clarifications around work time no longer include meal breaks as part of the calculation.

7. Protection for Pregnant Women and Nursing Mothers: Amendments offer protections, such as the option for pregnant women and nursing mothers to perform night work only on a voluntary basis, with medical clearance and agreement from the employer.

8. Voluntary Overtime Work: Employees may agree to or refuse overtime work in writing, utilizing advanced electronic signatures.

9. Work on Rest Days and Holidays: Pregnant women may work on rest days or public holidays voluntarily, with appropriate medical documentation, adhering strictly to health and safety laws.

10. Additional Protection in Case of Job Termination: Provisions have been made for immediate or agreed-upon termination, ensuring no delays beyond the payment period for the final month of employment.

Changes to the Contravention Code:

Significant updates include penalties for undeclared work, with increased fines for offenses involving minors. This aims to clamp down on undeclared labor practices, providing a safer and more regulated work environment for all, especially for vulnerable groups.

Pension System Adjustment:

In a notable deviation from standard practices, the indexation coefficient for pensions as of April 1, 2024, will be set at 6%. This adjustment applies only to the portion of the pension that does not exceed the forecasted average monthly salary for 2024, set at 13,700 lei. This move is anticipated to impact the calculation of pensions, potentially affecting a broad section of the population.

Conclusion

Moldova's recent legislative changes mark a significant step towards improving the balance between professional and private life for parents and caregivers. By adopting these amendments, the country not only aligns itself with European Union directives but also enhances protections and rights for workers, particularly those in vulnerable categories. This legislative overhaul reflects a commitment to modernizing work conditions and social protection in Moldova.

At GRATA Moldova, we are dedicated to safeguarding your rights in the rapidly evolving legal landscape of Moldova. Our team is committed to providing expert services designed to navigate the complexities of protecting your rights. Please note, this article is intended solely for general informational purposes and should not be construed as legal advice.
For tailored advice on navigating the intricacies of Moldova's laws, we invite you to reach out to GRATA Moldova.

Our team can be contacted at chisinau@gratanet.com or via phone at +373 22 22 40 11.