The amendments affect the rules governing hiring, mass layoffs, employee notification, and the powers of the State Labor Inspectorate. Logos Press has already reported on some of the planned changes. But there are other important points to consider.
For businesses, the proposed changes mean expanded obligations for employers to inform staff, clarified rules for compensating part-time employees for overtime work, and increased oversight by the State Labor Inspectorate. That said, the final version of the bill may still change based on the results of public consultations.
What Changes Are Proposed
The draft bill provides for amendments to the Labor Code and a number of other regulatory acts to bring national legislation into line with European standards.
In particular, it proposes introducing new terms, including “comparable employee with an indefinite-term contract,” “comparable full-time employee,” and “mobile employee.”
The document also clarifies the procedure for compensating part-time employees for additional work if they actually work beyond the working hours specified in their employment contract.
In addition, employers will be required to provide employees with more detailed information about working conditions, and employee representatives will be required to be informed about mass layoffs and the transfer of enterprises to new owners.
New Requirements for Employers
The amendments provide for an expansion of the powers of the State Labor Inspectorate, including updates to the procedure for issuing mandatory orders and rectifying violations identified during inspections.
Certain provisions address the working conditions of night-shift and rotating-shift workers. Employers will be required to ensure that these workers enjoy a level of safety and occupational health protection comparable to that provided to other categories of workers.
At the same time, it is proposed to amend the Code of Administrative Offenses with a new provision holding employers liable for failing to provide employees with information about working conditions.
Harmonization with EU Legislation
According to the Ministry of Labor and Social Protection, the draft was developed as part of the process of harmonizing Moldovan legislation with European Union law. The document takes into account the provisions of six European directives governing part-time and fixed-term employment, collective dismissals, transfers of undertakings, the organization of working time, as well as the transparency and predictability of working conditions.
The proposals were presented during preliminary public consultations involving representatives of government agencies, labor unions, employer associations, and the business community.
After incorporating the comments received, the draft will undergo interagency coordination, as well as legal and anti-corruption reviews, after which it will be submitted to the government for consideration.
