Understand the laws governing work hours and overtime in Moldova
In Moldova, the labor law outlines a standard workweek with restrictions on daily and yearly work hours. The typical workweek in Moldova is five days with a maximum of 40 hours. Daily work hours cannot exceed 10 hours within the 40-hour weekly limit.
There are exceptions and scheduling provisions. Businesses with work schedules that are incompatible with a five-day week may apply for a six-day workweek, but they must still adhere to the 40-hour maximum. Specific working hours, including start and finish times, are determined by internal company rules or through collective and individual employment contracts.
In Moldova, the law permits overtime work under certain conditions, and there are specific regulations concerning its duration and compensation.
The Labor Code of Moldova (Art. 99) stipulates that employers can request overtime work up to a maximum of 120 hours per employee within a calendar year. In exceptional circumstances, with the consent of the employee representative, this limit can be extended to 240 hours per year. However, daily work hours, including overtime, cannot exceed 12 hours in total.
As for compensation for overtime, it is compensated at a higher rate than regular hours. According to the Labor Code of Moldova (Art. 100), the first two hours are paid at 150% of the employee's regular wage rate. All subsequent overtime hours are paid at 200% of the regular wage rate.
Moldovan labor law guarantees workers rest periods and breaks throughout the workday and workweek. Here are the entitlements:
Weekly Rest Days
All employees are legally entitled to two consecutive rest days per week, typically Saturday and Sunday. Collective labor agreements can substitute these days with other days, but the total rest period cannot be less than 42 hours.
Daily Rest Breaks
Employees are entitled to a lunch break of at least 30 minutes during the workday. The specific duration and timing of this break can be established by the company's internal regulations or collective labor agreements. Lunch breaks are not generally considered working time, unless stipulated otherwise in company regulations or agreements.
Additional Considerations
While not explicitly mandated by law, short rest breaks throughout the workday are a common practice in Moldova to allow for refreshment and avoid fatigue. The specific details of these breaks, such as frequency and duration, may be determined by company policies or employee agreements.
In Moldova, labor law acknowledges the unique nature of night and weekend work, implementing regulations to safeguard worker well-being and provide compensation for these demanding schedules.
Night work is defined as any work performed between 10 pm and 6 am. The maximum duration of a night shift is 7 hours, compared to the standard 8-hour workday. There are exceptions for some professions and situations, but these require adherence to reduced working hours on night shifts.
Night work is compensated at a higher rate than regular hours. The specific minimum increase is not established by law, but is typically determined through collective bargaining agreements or individual employment contracts.
While employees are generally entitled to two consecutive rest days per week, work can be scheduled on weekends under specific circumstances. Weekend work requires written consent from the employee unless deemed essential for production or service continuity.
Weekend work must be compensated at a higher rate than regular hours. Similar to night work, the minimum increase is not mandated by law but established through collective agreements or individual contracts. Alternatively, employees may be offered compensatory time off in lieu of increased pay for weekend work.
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