Modifications into the Labour Code of the Republic of Moldova

A number of modifications were introduced into the Labour Code aiming to eliminate discrimination in the workplace by various criteria.

Besides, there was extended the confidentiality period, that is employees' and employers' obligation not to disclose the information acquired while the individual employment contract between them was effective from three months up to one year.

There have been increased the allowed periods of suspension of employment contracts with persons engaged in long-term care for sick children and children with disabilities. Likewise, the period of possible technical idle time during which the employment contract may be suspended has been increased up to 6 months.

From para. (1) art. 85 of the Labour Code, which provides for the right of employees to resign on their own volition, has been excluded the mention of contract concluded for an indefinite period. Thus, the right to terminate at any time the employment contract was also given to employees with whom fixed-term contracts are concluded.

There have been lifted the restrictions to get women with children under three years involved in overtime work, work on weekends and holidays and shift work.

The obligation of employees who have undergone professional training or internship to work for a certain period of time for the respective undertaking has been excluded from the Labour Code.

One of the most significant modifications concerns the possibility of dismissals of pregnant women. It is worth reminding that previously dismissals of pregnant women were forbidden, except for the cases of liquidation of the enterprise. On the one hand, it gave them an additional safeguard against possible abuses by employers who were trying to get rid of them. On the other hand, it has often served as the ground for multiple abuses (sometimes quite serious) on the part of pregnant women themselves who neglected their duties and lacked discipline being under protection of the labor legislation provisions. This situation was decided to be changed. Now, pregnant women can also be dismissed on common grounds in case of infringements committed by them that relate to the discipline and observance of law in the workplace.

Finally, some significant changes have been made with respect to the time limit within which an employee can lodge a claim with the court in case of violations of his rights. This term has been reduced from one year to three months. Now the employee, in case of dismissal, will not be able to wait for the whole year before applying to the court with a claim regarding reinstatement in the position.

This post is part of the newsletter prepared by our law firm. You can download its full text in .pdf from here.

Access of law enforcement bodies to commercial and banking secret limited

Certain modifications have been introduced into a number of normative acts, in particular, the Law on Financial Institutions, the Law on Police, the Law on the Centre for Combating Economic Crimes and Corruption, the Law on the Prosecutor's Office with respect to the access by the law enforcement bodies to commercial and banking secret.

The adopted amendments have limited the access to commercial and banking secret for police officers, the Centre for Combating Economic Crimes and Corruption and the Prosecutor's Office. Previously, the access by these bodies to the information that constituted the secret of banking institutions and commercial companies was virtually unlimited and could be obtained even in the course of ordinary police inspections on matters not directly related to the subject-matter of the inspection. However, from now on they will only be able to request and receive such information in case of criminal investigation proceedings launched and with the permission of a criminal prosecution judge.

There have been increased the penalties for disclosure of commercial and banking secret. In particular, the penalty imposed on public officials that disclose commercial, banking or tax secret will now amount to 8,000 to 10,000 lei.

Article 22 of the Law on Financial Institutions has been adopted in the new version and now provides for a clear list of cases in which the bank must provide the information constituting banking secret, as well as situations in which the provision of information by the bank does not infringe its duty to preserve banking secret.

This post is part of the newsletter prepared by our law firm. You can download its full text in .pdf from here.