INSTRUCTION No 8 from 28 March 2020 of Moldova's Commission for Emergency Situations

Chisinau, 28 March /MOLDPRES/ - In accordance with the Article 22 from the Law No 212/2004 on the regime of state of emergency, of siege and war, Article 2 of the Parliament Decision No 55/2020 on the declaring of the state of emergency, points 6, 7, 8 and 9 from the Regulation of the Moldova’s Commission for Emergency Situations, approved under the Government Decision No 1340/2001, Moldova’s Commission for Emergency Situations,    

INSTRUCTS: 

1. The heads of the public sector units are empowered, by derogation of the provisions of the normative acts in force, with the right:  
1.1. to establish the duration of the annual leaves of wage earners;   
1.2. to recall the wage earners from annual rest/unpaid/education leave;   
1.3. to distribute by order/instruction the time of work within the week, by ensuring the keeping record of the time of work effectively carried out by each employee;
1.4. to assign to the employees the exercising of activities/duties of preventing and combating the spread of the COVID-19 infection, non-indicated in the entity’s duties and powers.    

2. On the period of the state of emergency, the scheduled hospitalizations are ceased in the medical and sanitary institutions, no matter the form of legal property and organization.  

3. The Finance Ministry will allocate from the government’s intervention fund 19.5 million lei to the Health, Labour and Social Protection Ministry for the purchasing of respirators through the Centralized Centres of Public Procurements in Health, in order to prevent and combat the spread of the COVID-19 infection.   

4. By derogation of the provisions of the Article 2, paragraph (1) from the Law No 131/2015 on public procurements, point 2 of the Regulation on public procurements of small value, approved under the Government Decision No 665/2016, during the state of emergency, the Interior Ministry is allowed to buy, using the procedure of negotiation without preliminary publication of an announcement on participation, of antiseptic products and individual protection equipment (masks, gloves, protection screens, protection overalls), needed for the prevention and combating of the spread of the COVID-19 infection, amounting up to 1 million lei inclusively, without value added tax, estimated for the number of the strength.    

5. Given the declaring of the days from 30 March 2020 till 3 April 2020 as days off for all public sector units, these days off are not considered as such for the employees who on the concerned period:
5.1. ask for the providing/are on the annual rest leave (Article 112 of the Labour Code), including the unused rest leave (Article 199, paragraph (3) of the Labour Code) with the payment of the leave allowance (article 117 of the Labour Code) and unpaid leave Article 120 of the Labour Code);
5.2. are in regime of standing, under an order instructed by the employer;
5.3. will work, under a decision by the employer, at home, in order to ensure the unit’s urgent activity;
5.4. will ensure the activities of calculation of salaries for March;
5.5. will ensure the work of the treasury system (record of collection of revenues and fulfillment of priority/urgent payments).  

6. The days from 30 March till 3 April 2020 are included in the table of record of the working time and of recalculation of the salary for March and April as days present at work.

7. The action of the Article 21 from the Law No 270/2018 on the single salary payment system in the public sector as to the right to provide one-off bonuses is suspended on the period of the state of emergency.

8. The director of the Customs Service, on the period of the state of emergency, is empowered, by derogation of the provisions of the normative acts in force, with the right to establish, by internal administrative act, the regime of work of 24 hours, followed by 72 hours of break, for some customs checkpoints at Moldova’s border.   

9. By derogation of the Article 16 from the Law 174/2017 on the energy sector, Article 9 of the Law 107/2016 on electric energy, Article 9 of the Law 108/2016 on natural gas, on the period of the state of emergency, the meetings of the administrative board of the National Energy Regulatory Agency (ANRE) will not be held publicly, but with possibility of submitting in written form of proposals of the people interested during the public consultations.   

10. By derogation of the Article 6 of the Law No 160/2011 on the regulation of the entrepreneurial activity through authorization, validity of the authorizations of authorized electrician, authorizations on the electro-technical laboratories and the vouchers of authorization at the electric security group, which expired or are to expire on the period of the state of emergency, are extended till the expiration of the state of emergency. 

11. During the state of emergency, in the activity of criminal prosecution on files opened till or on the period of the state of emergency, excepting the causes specified in the item 10 of the annex of the Instruction No 1 of Moldova’s Commission for Emergency Situations from 18 March 2020, the following terms are interrupted de jure:   
11.1. of carrying out the criminal prosecution; de efectuare a urmăririi penale; 
11.2. of considering notifications on offences, provided for in the Article 274 from the criminal procedure code;
11.3. of carrying out of ascertaining acts, stipulated in the Article 273 from the criminal procedure code;   
11.4. of settling applications in the criminal prosecution process, as well as of appeals provided for in the Article 298-2992 from the criminal procedure code;
11.5. of maintaining the person as suspect, provided for in the Article 63 of the criminal procedure code.

12. The term will continue to pass after the expiration of the period of state of emergency.

13. Decision-makers authorize charter flights, which carry passengers with Moldova’s citizenship to Moldova, operated by the air company:  

-  ISRAIR AIRLINES, starting from 30 March 2020, TEL-AVIV - CHISINAU – BUCHAREST;

-  AIR MOLDOVA, starting from 1 April 2020, CHISINAU - NICE - CHISINAU.

14. Then non-observance of the provisions/measures established by Moldova’s  Commission for Emergency Situations, represents danger for the public health and will serve as reason for calling the guilty people to contravention/criminal account.  

15. The present Instruction enters into force starting the moment of its issuance and is published on the government’s official webpage.  

Prime Minister,

President of the Commission                         ION CHICU