Hire in Moldova

Employers in Moldova retain the right to seek references from an employee’s previous workplace. However, there are specific exceptions to this rule, and employers can request the presentation of a criminal record only in cases explicitly stipulated by law. An instance of this is with civil servants, wherein the law may explicitly authorize the employer to request a criminal record as a component of the employment procedure.

In general, the standard duration of employees’ working time in the company is capped at 40 hours per week. In exceptional circumstances like a state of emergency, siege, war or a public health emergency, the relevant authorities may permit varied working hours for specific categories of employees.

People with disabilities have their daily working time set according to a medical certificate, within the boundaries of the normal daily working time.

The standard maximum daily working time is 10 hours, based on a 40-hour workweek. However, certain activities, companies, or professions may implement a 12-hour daily working period, followed by a mandatory rest period of at least 24 hours, as agreed upon through collective bargaining.

During the daily work schedule, employees are entitled to a lunch break of at least 30 minutes.

Employees can engage in overtime work at the request of the employer for up to 120 hours in a calendar year. In exceptional situations, the duration of overtime work may be extended to 240 hours within one calendar year subject to agreement with employee representatives.

Overtime compensation is provided at a rate of 150% of their regular salary for the initial two hours and at 200% of their regular salary for the subsequent hours worked beyond regular working hours.

Employees are required to inform their employer in writing of their departure, providing a notice period of at least 14 calendar days. However, executives such as company heads, their deputies and chief accountants are required to provide a longer notice period of one month, beginning from the day following the submission of the resignation request.

Employees can resign with less notice in certain cases such as retirement, disability certification, childcare leave, education enrollment, relocation, childcare for children under 14 or with disabilities, elective position election, job competition elsewhere or employer contract breaches.

Severance pay is not required as per Moldova’s Labor Code.

If the individual employment contract with the head of the company is terminated without any culpable actions or inactions, the head is given one month’s advance written notice. Additionally, compensation is provided if the contract is terminated before its scheduled expiration, with the minimum amount set at 3 times the average monthly salary. The exact compensation must be specified in the individual employment contract.

An individual fixed-term employment contract cannot extend beyond five years, as stated in Article 54(2). In specific instances, the option to enter into a fixed-term employment contract is limited to a maximum of three consecutive agreements between the same parties, totaling no more than 60 months. Successive fixed-term agreements are allowed if there is a gap of less than 3 months between them.

An individual labor contract with fixed terms, as per Article 54(2), is allowed for temporary work in specific situations. These include situations such as when an employee’s contract is temporarily suspended (excluding strikes), short-term assignments lasting up to two months, seasonal work due to natural conditions, temporary assignments abroad, probation or vocational training at another company, daytime education, retirees for up to two years, scientific workers selected through competition, elective positions in public bodies or organizations, enterprise heads and managers, unemployed individuals engaged in paid public work, task-based employment, creative workers in art and culture, and workers of religious associations.

Employers in Moldova must adhere to legal requirements, ensuring personal data is used only for legitimate employment-related purposes such as recruitment, training and safety. The guidelines prohibit the disclosure of sensitive information without written consent and emphasize the need for confidentiality. Employees have the right to access and correct their personal data, appoint representatives for data protection and seek legal recourse for any violations.

Moldova is not a member of the European Union (EU), and the General Data Protection Regulation (GDPR) is not directly enforced in Moldova.

An employee’s salary is paid in Moldovan Leu, the national currency, by default. If the employee works abroad, the salary can be paid in the currency specified in the individual employment contract. The parties in the individual employment contract can agree on the salary amount in foreign currency, with payment in the national currency at an exchange rate agreed upon by both parties. The agreed exchange rate must not fall below the official exchange rate of the Moldovan Leu established by the National Bank of Moldova on the date of payment.

Salary payment can be transferred to the employee’s account at a payment service provider, with the respective services paid from the employer’s account. Payment of wages in kind is prohibited in Moldova.

The employer is responsible for maintaining a record of each employee’s working hours. This record should encompass regular working hours, overtime work as well as work performed on rest days and non-working public holidays. The method of record-keeping should adhere to the guidelines outlined in relevant regulations or employment laws.

An employee working under an individual employment contract has the right to annual paid vacation of at least 28 calendar days, which excludes non-working holidays. The right to annual leave cannot be assigned, waived or limited by any agreement.

Unused annual leave does not expire. Employers in Moldova must compensate employees for all days of unused leave, especially upon termination of employment and, in certain cases, during the suspension of an employment agreement.

Sick leave is granted based on a medical leave certificate that verifies the employee’s inability to work due to illness or health-related reasons. Sick leave is subject to a maximum limit of 180 days per calendar year.

Sick leave may be extended by an additional 30 days in severe or critical cases, allowing for a maximum total of up to 210 days.

Husbands of women on maternity leave are entitled to annual paid holidays upon their written application. These holidays can be taken simultaneously with the holidays of their wives who are on maternity leave.

The partially paid holiday on childcare is not limited to the parents but can also be utilized by caregivers, including the father of the child, grandmother, grandfather or other relatives directly involved in caring for the child.

Caregivers, including the father of the child, grandmother, grandfather or other relatives, can apply for additional unpaid holiday for child nursing. This additional unpaid holiday applies to nursing a child between the ages of 3 to 6 years.

Employees who adopt a newborn child directly from the maternity hospital or establish guardianship over the child are entitled to a paid holiday. This paid holiday lasts from the date of adoption (or establishment of guardianship) until 56 calendar days following the child’s birth. If multiple children are adopted simultaneously, the paid holiday duration extends to 70 calendar days.

Employees, under their written application, are eligible for a partially paid holiday on child nursing. This partially paid holiday on child nursing is granted until the child reaches the age of 3. Grants for these holidays are paid from the budget of the state social insurance.

Employees have the option to request, in writing, an additional unpaid holiday for child nursing. This leave is applicable for caring for a child aged 3 to 6 years.

Employees, upon their written application and with the employer’s consent, can take unpaid leave of up to 120 calendar days.

Women who have two or more children under the age of 14 (or a child with a disability under the age of 16) and single parents who are not married and have one child of the same age are granted special annual holidays. These holidays are granted under the written application of eligible individuals. The holiday duration is not less than 14 calendar days. This special holiday can be attached to the annual paid holiday or used separately, either in full or in parts, during agreed-upon periods with the employer.