Question of the day

In the context of the increase in cases of new Covid-19 infections in the territory of Moldova, it is appropriate that the Employers take increased measures to protect employees at work.

Both the Labour Code and Law No 186-XVI/2008 on occupational safety and health provide the legislative framework enabling employers, in the context of the Covid-19 outbreak, to take measures to protect the health of employees in the labour force.

Furthermore, in accordance with the provisions of Law No 186-XVI/2008, employers are even required to ensure the safety and health of workers in all aspects of work and to respect the general principles of preventing, avoiding and combating risks and adopting collective protection measures as a matter of priority.

Given the high degree of use of technologies in carrying out employment relations, employers may decide, as a temporary measure to prevent and combat the spread of the COVID-19 virus, to change employment from that mentioned in the individual employment contract, to work at home.

A form of work (work at home) expressly covered by the labour law of the Republic of Moldova. Thus, according to Article 290(1) of the Labour Code, employees with home work are to be regarded as persons who have concluded an individual employment contract relating to the provision of work at home using materials, tools and mechanisms made available by the employer or sourced from their own means.

Therefore:

☑Legislation of the individual employment contract or additional agreements to existing contracts must be concluded only in written form;

☑The individual employment contract or the additional agreements to existing contracts must expressly state that the employee is active at home;

☑Δ the duties specific to the function must enable work at home;

☑The parties must agree on the programme under which the employer is entitled to control the work of the employee and the concrete way in which the tasks are carried out;

☑ The employer must ensure transport to and from the employee’s domicile, as the case may be, and the materials which the employee uses in work.