The problem of forcing employees to go on paid or unpaid leave

Officials of the Representative People’s Advocate Office in Comrat received over 10 telephone messages on April 6, concerning the fact that public sector employees complained that they were obliged to write applications for paid annual leave. There were also cases where the administration of some state institutions sent the employees on leave, without requesting written applications, and private sector employees are obliged to write applications for unpaid leave.

The response of the People’s Advocate Office

We consider that the employees’ labor rights are being violated, because, according to article 115 paragraph (4) of the Labor Code of the Republic of Moldova, the leave for the following working years can be granted based on a written application of the employee at any time of the working year, according to the holiday schedule. In this respect, we note that in order to be granted the leave, the employee must individually contact the administration with a written statement and should not be obliged to do so as mentioned. We also note that the heads of the state institutions do not possess complete and accurate information about the actions to be taken in the field of labor relations.

Officials of the Comrat institution’s representative have recommended to the Commission for the state of emergency of ATU in Gagauzia to explain to the employers the decisions taken and the applicable law, and that any coercion of the employees in this regard is forbidden.

Following the negotiations held on April 6, 2020 between the Emergency Situations Commission of ATU Gagauzia and the Representation of the People’s Advocate Office in Comrat, the Emergency Situations Commission from ATU Gagauzia decided to suspend paragraphs 5, 6 of Decree no. 25 of April 5, 2020 “Working method and payment within state institutions of ATU Gagauzia”.