The Parliament adopted 3 laws with an impact on entrepreneurial activity

  • 22.05.2020

At the plenary session of the Parliament from 21 May, 3 laws with an impact on entrepreneurial activity were adopted. AmCham actively participated in the drafting through position papers and participation in public debates.

1.Law on procurement in the energy, water, transport, and postal services sectors

The law transposes the acquis of the European Union into the national framework and regulates the mechanism for organizing and conducting procurement by entities operating in the water, energy, transport, and postal services sectors.

2.Law on infringement procedure in the field of prevention of money laundering and terrorism financing and the method of applying sanctions

The law selectively transposes the acquis of the European Union into the national framework and regulates the infringement procedure in the field of prevention of money laundering and terrorism financing by reporting entities, their representatives, as well as the application of sanctions and the number of fines.

AmCham submitted two position letters on this law and attended meetings of the Economic Council to the Prime Minister where the proposals from the business community were discussed.

Following the intervention of the business community, the law has undergone the following improvements:

- introduction of the rule governing the application of the fine in the case of a plurality of infringements;
- modification of aggravating and mitigating circumstances;
- modification of the rules governing the classification of infringements as minor or serious;
- reduction of fines for admitting several infringements;
- improving the law in terms of legislative technique.

3. Law on the establishment of several measures during the state of emergency in public health

The law regulates several measures to be applied during the state of emergency in public health, but also rules of a permanent nature in some fields of activity, including labor relations. In particular, the law establishes new regulations on remote work.

AmCham Moldova submitted two position papers and proposed for adoption alternative regulations regarding the remote work that would take into account the needs of the business community which were partially accepted, but also came up with specific proposals on the draft law in the wording subject to public consultations.

Following the intervention of the business community, the law has undergone the following improvements:

- regulation of the possibility of temporarily changing the employee's place of work with the performance of work at home or remotely, by order of the employer, without making changes to the employment contract, in case of impossibility for the employee to perform work at the workplace organized by the employer and for the purpose of protecting the safety and health of the employee during exceptional situations; 
- regulation of the possibility of establishing the particularities regarding remote work both in the individual employment contract and in the collective labor contract, internal regulations of the company or in another normative act at the company level;
- exclusion from the law of some regulations regarding the mandatory clauses that must be contained in the employment contract, as well as its improvement in terms of legislative technique.

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