Legal Alert #1

Changes to the Labor Code in force as of April 1, 2024.

The new amendments aim to clarify the procedure for granting annual leave and the possibility for unused days to expire. In detail, the new provisions entail new obligations for both the employer and the employee. As of April 1, 2024, each employer will be required to adhere to the following obligations:

  • At the end of each year, to inform the employee about the number of unused leave days accumulated.
  • Upon mandatory notification at the end of the year, to schedule the accumulated leave days within that calendar year, mandatorily through an order.
  • To choose an appropriate, proportional, and legal method to convince the employee to use the leave days and to inform the employee about the risk of expiration.
  • Unfounded refusal by the employee to use the accumulated/unused days of annual leave, as per the established schedule, is null.

In cases where the employee, for substantiated reasons, confirmed cannot utilize their annual leave, then, with the written agreement of the employee, the employer is obliged to grant the unused leave within 2 years, starting from the next year. Otherwise, if the employee does not justify their inability to use the leave days, the employer, through an order, will decree the expiration of those days.

It is necessary to mention that unused vacation days until April 1, 2024, can be used until December 31, 2029. At the same time, leave days accumulated after April 1, 2024, can be used according to the new method.

Public Consultations by CNPF regarding the approval of several regulatory acts in the context of the Law on Crowdfunding.

CNPF has subjected to public consultations several draft regulatory acts regarding the regulation of crowdfunding activity. These initiatives aim to establish a clear and efficient regulatory framework for the crowdfunding market in the Republic of Moldova, with the goal of stimulating innovation and sustainable development of the business environment.

We encourage active participation in the public consultation process, expressing your opinions, and contributing to the formulation of regulations that best meet the needs and interests of all parties involved. The draft regulations are:

  • Approval of the Regulation on disclosure of information, essential information sheet regarding the investment, and methodology for calculating the non-repayment rates of loans offered on a crowdfunding platform.
  • Approval of the Regulation on testing knowledge and simulating the capacity to bear losses for potential unsophisticated investors in crowdfunding projects.
  • Approval of the Regulation on reporting obligations of crowdfunding service providers.
  • Approval of the Regulation on the outsourcing of operational functions by crowdfunding service providers.
  • Approval of the Regulation on the administration of individual loan portfolios by crowdfunding service providers.

A new package for reducing bureaucracy in the economic field: Efficient and Abuse-free Controls for the Business Environment.

Parliament has voted in the first reading for a new package aimed at reducing bureaucracy in the economic field. The legislative changes aim to develop an efficient and predictable control system, reduce the burden of control and unfair sanctions, and encourage investments.

According to the project, the new regulations will contribute to reducing the time dedicated to control procedures by at least 56.7 thousand hours per year, and together with the reduction in the number of sanctions and potential instances of abuse by control bodies, they amount to savings of almost 70 million lei per year.

  • The project provides that entrepreneurs will be able to contest control decisions in court.
  • Sanctions are introduced in cases of abuse by inspectors.
  • Internal supervision of control authorities is improved.
  • There will be a clear distinction between “recommendations” and “instructions” provided by inspectors.
  • Control plans will be unified, taking into account different types of economic agents and risks, and conditions for unannounced checks will be revised, including specific grounds for controlling economic agents who intentionally evade checks.
  • Additionally, the regulations provide for the possibility of suspending control deadlines in certain situations, such as waiting for laboratory test results.
  • Furthermore, the control body, in the case of contraventions, will act as a constating agent and will strictly verify only the information or objects necessary to ascertain the contravention, without having broad control powers.

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