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Written Agreements

Employment contracts must be in writing. Employers are required to provide written contracts, even if the initial agreement was oral. A labor inspector's report can trigger this obligation. Existing contracts can be converted to written form with mutual agreement. Both parties must sign the employment contract. The contract takes effect on the signing date unless specified otherwise.

An individual employment contract typically outlines the parties involved, contract terms, job details, rights and obligations, compensation, and working conditions.

Employment contracts can include restrictive covenants such as confidentiality, and non-competition. Confidentiality clause requires the employee to keep confidential information acquired during employment. Non-compete clause restricts the employee's ability to work for competitors after leaving the company.

Oral Agreements

Employment contracts must be in writing. Employers are required to provide written contracts, even if the initial agreement was oral. A labor inspector's report can trigger this obligation. Existing contracts can be converted to written form with mutual agreement. Both parties must sign the employment contract.

If a contract is not written, it's considered indefinite and starts on the employee's first day. The employer must later provide a written contract.

Implied Agreements

Employment contracts must be in writing. Employers are required to provide written contracts, even if the initial agreement was oral. A labor inspector's report can trigger this obligation. Existing contracts can be converted to written form with mutual agreement. There are no specific guidelines or provisions regarding implied contracts.

If a contract is not written, it's considered indefinite and starts on the employee's first day. The employer must later provide a written contract.

The standard workweek in Moldova is 40 hours. The distribution of working time within the week is, as a rule, uniform and constitutes 8 hours per day for 5 days, with 2 days of rest. The daily duration of working time cannot exceed 12 hours, including overtime. For certain categories of employees, depending on age, state of health, working conditions, and other circumstances, a reduced duration of working time is established.

Employees are entitled to a daily meal break of at least 30 minutes. Daily rest periods between shifts must be at least 11 consecutive hours. Weekly rest is granted for 2 consecutive days.

Employers are required to keep records of their employees’ working times. This record must be maintained for at least 1 year.

An initial trial period or probationary period of no more than 6 months can be included in the employment contract to test the professional skills and fit of the employee. In the case of unskilled workers, this trial period must not exceed 30 days. For fixed-term contracts, the trial period must not exceed 15 days if the contract duration is between 3 and 6 months and 30 days if the duration is more than 6 months.

The employment contract must mention a probationary period. In the absence of such a clause, the employee is considered to have been hired without a trial period. Only one trial period can be established during the individual employment contract.

If the result of probation turns out to be unsatisfactory, the employer has the right to dismiss the employee by giving them a notice before the probationary period ends; no reasons are needed. Employees don’t have a right to severance pay in this case.

Notice Period

The Labor Code of Moldova requires employers to give advance notice to employees before terminating their contracts, as follows:

• In case of dismissal related to liquidation of the company or termination of activity or staff reduction – 2 months
• In case of termination due to retirement – 14 days

No notice is required in case of dismissal due to an employee’s violation of work obligations or gross misconduct.

Minimum Wage

All employees have the right to a guaranteed minimum salary. The amount of the minimum salary is mandatory for all employers, legal or natural persons who use salaried work, regardless of the type of property and the legal form of organization. This amount cannot be reduced either by the collective labor contract or by the individual labor contract. The minimum wage is set to MDL 5,000 (Moldovan lei) per month for the year 2024.

Overtime, Holiday & Vacation Pay

Overtime is work performed beyond the standard work hours. Weekly work hours, including overtime, cannot exceed 48 hours. However, the average weekly work hours over 4 months can exceed 48 hours. Overtime cannot extend daily work hours beyond 12 hours. Employers must provide normal working conditions for employees working overtime. Employers can request up to 240 hours of overtime per year.

Overtime work is compensated at 1.5 times the base hourly rate for the first 2 hours, and for subsequent hours, it's at least double the base rate. If agreed upon in collective or individual labor contracts, overtime can be compensated with paid time off. This time off must be taken within 30 days of the overtime work.

For employees working on rest days or non-working holidays, pay is at least double their regular rate. Employees can opt for a non-paid day off instead. Annual leave is paid at the average daily wage rate.

Visas

Transit Visas

• Type A - Airport Transit Visa
• Type B - Transit Visa that allows short-term stays within Moldova for transit purposes

Short-Stay Visas (Type C) -allows stays of up to 90 days within a 180-day period. The short-stay visa can be single-entry or multiple-entry for various purposes:

• C/MI (Mission) - Official or diplomatic visits
• C/T (Tourism) - Tourism purposes
• C/V (Visit) - Family visits
• C/A (Business) - Business meetings, conferences, etc.
• C/TS (Transport) - Professional transport activities
• C/S (Sports) - Participation in sports events
• C/AD (Independent Activities) - Medical treatment, religious visits, cultural, scientific, or humanitarian activities

Long-Stay Visas (Type D) - allows stays of up to 12 months with multiple entries for following purposes

• D/AI (Entrepreneur) - Investment or business activities
• D/AM (Employment) - Employment in Moldova
• D/AS (Study) - Pre-university, university, or post-university studies
• D/VF (Family Reunification) - Family reunification
• D/RU (Religious & Humanitarian) - Humanitarian or religious activities
• D/DS (Diplomatic & Service) - Diplomatic or consular activities
• D/TR (Medical Treatment) - Long-term medical treatment
• D/IT (Information Technology) - Work in the IT field
• D/TP (Temporary Transfer) - Temporary transfer within a company
• D/FT (Internship) - Internship in Moldova

Work Permits

Foreign nationals seeking employment in Moldova must secure a work permit from the National Agency for Employment. Employers are responsible for submitting a comprehensive set of documents, including company registration details, financial records, the foreign employee's application, qualification certificates, medical certificates, and proof of accommodation.

For stays exceeding 90 days, foreign employees need an immigration certificate from the Bureau for Migration and Asylum. This requires additional documentation, such as a medical certificate, passport details, spouse's identification, marriage/divorce certificates, employment contract, proof of accommodation, educational documents, photographs, and a state fee payment receipt. Upon obtaining the immigration certificate, individuals can proceed to apply for a residence permit at the Ministry of Information Development.