APPROVED
City Council Decision
2005 year
City Council Decision
2005 year
I. General Provisions
The document of establishing Ungheni City Hall is the Law No. 123-XV on Local Public Administration of 18.03.2003 (art.45) and the Government Decision "On the structure and the staff of the Town of villages (communes), cities (municipalities) "nr.688 from 10.06.2003.
The stuff of the District Council operates in accordance with:
The Constitution of the republic of Moldova;
Laws and decisions of the Parliament of Moldova;
Presidential decrees;
Decisions, orders and provisions of the Government of Moldova;
* District Council decisions;
* This Regulation.
Operating rules refers to all subdivisions of Ungheni Council .
The Administration apply this regulation within the limits of guaranteed rights
II. Employment policy , transferring or employee dismissal.
The employment is made on a contract basis .The individual labor contract is concluded in written form. The conclusion of the individual employment contract is preceeded by verification of professional skills and the candidate's personal data. After the preliminary results of the verification of professional skills it will be decided whether the person will be employed .
To verify the professional skills of the employee, before signing the contract, a probationary period is established not exceeding two months, and respectively, up to six months - for the persons depending on liability .
During the probationary period, employees have all the rights and fulfill their service obligations according to the Labour Code, Law on public service, the present Regulation and the Collective labor Agreement.
Employment is legalized by the President disposal based on individual employment contract signed by both parties.
The employee is informed about his employment by the service staff within 3 working days since the signing of the individual employment contract.
Employment is made according to the law by competition, engagement or appointment.
On employment or transfer of the employee to another position the administration is required:
a) to keep him in touch with the work assigned to do, working conditions, with his rights and obligations in accordance with functional instructions;
b) to make him acquainted with the internal operational rules and collective labor agreement;
c) to familiarize him with the technical safety and fire-prevention measures.
All the employees who worked more than five days get job cards. The job cards are kept at the personnel office of the mayor’s Staff.
Each employee has a personal file, which contains personal sheet, curriculum vitae, a copy of the education diploma, acts of attestation, a copy of decisions on appointment, transfer or work release, stimulation or holiday, other information. The officer is entitled to inspect the personnel file.
The personal files of the leaders of the subdivisions are kept at the personnel Service .
After dismissal of the employee the personal file is kept at work. If the officer is transfered to another public authority, the file is passed to the new job.
The breaking of the individual labor contract occurs under the Labor Code of the Republic of Moldova.
Heads of subdivisions are released by the Council in accordance with the law.
The workers dismissal according to the attestation results and on liquidation or reorganization of the institution, reducing the staff number is permitted, if is not possible to transfer the worker, with his consent, to another job. On dismissal, the worker receive his job card and all the wage arrears are paid. Dismissal day is considered the last day of work.
III. The main rights and obligations of the employee
The servants of the mayor’s office , departments and subordinate sections are entitled:
* To examine issues and make decisions within their powers;
* To upgrade their professional training
To be advanced in his function according to his professional training , intellectual capacity, attestation results, responsibility in doing his job, after participation in the contest for a vacancy of a senior position
* To know the rights and work obligations ;
* To be paid according to function, professional training and work experience;
* To receive legal protection in accordance with his/her position.
The officers to the mayor’s office, of the departments and subordinate departments are required:
* to perform in due time and qualitative indications;
* To manage competently the given sector , to show initiative and persistence, to ensure fulfillment of the tasks ahead;
* To respect labor discipline;
* To make full use of working time;
* should refrain from the actions that might prevent the other coleagues to do their job;
* To strive for efficiency and increasing of work quality;
*to show permanent creative initiative to achieve high results in work;
* Systematically to improve their knowledge and professional qualifications;
* To be an example of high moral conduct ;
* To be accurate and maintain the clean working place;
* Comply with order of keeping material values and documents; meet the requirements of security and labor protection .
IV. The main obligations of Administration
The Administration is required:
* To ensure the compliance of service obligations by employees;
* to organize the employees work in accordance with the specialty and qualifications;
* To create normal working conditions;
* To guarantee strict labor discipline, to apply in time sanctions against those violating discipline;
* To organize the attestation of the civil servants in terms established by the law and to guarantee the professional training of the;
* Comply with labor laws, improve working conditions;
* To preserve property;
* Provide employees salaries;
* Comply with the conditions of labor remuneration;
* to have a correct attitude towards employees;
* To provide facilities and privileges granted to them by law.
Public officials are subject to certification under the Regulation on public officials to confer degrees of qualification within the prescribed period, the public official oath and to follow it strictly.
The Administration fulfill its obligations in a proper way together or in agreement with the unions, and taking into account the staff empowerment .
V. Work time and the use of it.
Distribution of the week working time is uniform, 8 hours daily for 5 days with 2 days off.
Working day starts at 8.00 and ends at 17:00 with lunch break from 12.00 - 13.00.
Administration is required to record the presentation and departure from work of the officers. Reduction in working time is performed only in cases of lack of the working conditions , or in other exceptional circumstances requiring such actions.
The workers and the maintenance staff work according to a schedule which must correspond to the duration of the weekly work time.
Work on holidays and on days off is prohibited. Workers called to work on weekends or holidays should be given days of rest in another work period .
Workers with a permanent regime (guards, ) are forbidden to leave work until the arrival of the worker instead. If the worker fails to come to work, the worker should inform the administration, to change it with another worker.
The annual holidays are given to employees in accordance with the law, taking into account the need to ensure normal work of the City Hall.
VI. Stimulations for successful work
For good performance of duties, active spirit and leadership, the following stimulations are applied:
a) gratitude;
b) awards;
c) presents;
d) honorary certificates;
Employees can be awarded state distinctions for special merits and great success in work. A way of encouragement is job advancement, as well as granting a more advanced degree qualification (in accordance with Regulation conferring qualification degrees of civil servants).
Stimulations are made through the mayor disposal , presented to the whole staff and included in the worker's employment record.
When applying for the stimulations and for governmental awards, the staff opinion will be taken into account.
VII. Disciplinary sanctions
Violation of labor discipline is compatible with application of disciplinary measures or civic influence, and applying other sanctions imposed by labor laws.
For violation labor discipline, the administration apply to the employee the following disciplinary sanctions:
a) warning;
b) reprimand;
c) severe reprimand;
d) transferring to a less paid work;
e) dismissal.
For missing work without any reasons the administration apply disciplinary sanctions provided by a certain article of the Regulation.
The disciplinary sanctions are applied by the mayor disposal, where it is indicated:
* Legal and factual reasons for the application of the penalty;
* The term during which the penalty can be contested;
* The body where the penalty can be contested.
The employee is notified about the sanctions disposal, by his signature no later than 5 working days from the date of issue.
Before applying the disciplinary sanction the mayor is obliged to ask the employee to present a written explanation on the deed. The refusal to submit the required explanation is recorded in the minutes signed by a representative of the administration and a representative of the staff.
Disciplinary sanction is applied immediately after finding out the disciplinary deviation, but not later than one month from the day of its finding, without taking into account the employee's annual leave during the stay of rest, the study leave or sick leave.
Disciplinary sanction can not be applied after the expiry of six months from the day of disciplinary deviation. For each disciplinary violation may be imposed only a disciplinary sanction.
Employees- members of the union committee can not be subject to disciplinary action without the prior consent of the trade union committee of the subdivision, and its chairman without prior agreement of the superior trade union body.
In necessary cases the order is notified to the whole staff.
The term of validity of the disciplinary penalty may not exceed one year from the date of application. If during this period the employee will not be subject to a new disciplinary action, the disciplinary sanction is considered to be unenforceable..
The Administration, applying disciplinary sanction, has the right to withdraw it within a year on its own initiative, at the request of the employee or notification of the staff representatives or directly of the head of the employee.
Within the period of validity of the disciplinary penalty, the sanctioned employee can not receive incentives provided in this Regulation according the art.203 from Labor Code.
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