LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


<p>в силе с</p> 2017-10-20, <p>действителен до</p> 2020-08-31

Art.

55

Guarantees for fixed-term employees

(1) The less favorable treatment of the employees employed for a determined duration in relation to the permanent employees performing a work equivalent to the same unit is not allowed, if such treatment is based exclusively on the duration of the employment relationship and does not have an objective justification.


(2) The interdiction provided in par. (1) at least:


a) the length of service required for holding certain positions;


b) training opportunities;


c) the possibility to hold a permanent position within the unit.


(3) In order to ensure equal access to jobs, the length of service established for holding a position shall be the same for employees employed for an indefinite period and for those employed for a fixed period.


(4) In order to improve the professional skills, career development and professional mobility of fixed-term employees, the employer shall facilitate their access to adequate vocational training opportunities, in accordance with the provisions of this Code (Title VIII).


(5) The employer shall inform the employees employed for a determined duration about the vacant positions within the unit, within 5 working days from the date of their appearance, so that the respective employees can access permanent positions on equal terms with the other employees. Information on vacancies will be made known to employees and their representatives at unit level, through a public announcement placed on an information panel with general access to the unit's headquarters (including each of the unit's branches or representative offices), and on its website, as appropriate.

<p>в силе с</p> 2020-08-31

Art.

55

Fixed-term individual employment contract

(1) The individual employment contract may be concluded for a determined duration, according to art. 54 paragraph (2), in the following cases:


a) for the period of fulfilling the work obligations of the employee whose individual employment contract is suspended (except for the cases of his being on strike), or for the period when he is on one of the holidays provided in art. 112, 120, 123, 124, 126, 178, 299 and 300 times for the period in which he is absent for other reasons;


b) for the period of carrying out temporary works with a duration of up to 2 months;


b.1) for the period of carrying out seasonal works which, by virtue of the climatic conditions, can be carried out only in a certain period of the year;


c) with persons seconded to work abroad of the Republic of Moldova;


c.1) with foreign citizens who are employed in the territory of the Republic of Moldova;


d) for the period of internship and professional training of the employee at another unit;


e) with persons who study at educational institutions for full-time courses;


f) with persons retired, according to the legislation in force, due to age or seniority in work (or who have obtained the right to a pension due to age or seniority) and are not employed - for a period of up to 2 years, which, upon expiration, may be extended by the parties under the conditions of art. 54 paragraph (2) and of art. 68 paragraph (1) and paragraph (2) letter a);


g) with the scientific collaborators from the research-development institutions, with the teachers and the rectors of the higher education institutions, as well as with the heads of the preschool, primary, secondary general, special complementary, artistic, sports, professional secondary, specialized environment, based on the results of the competition conducted in accordance with the legislation in force;


h) at the election, for a determined period of the employees, in elective positions in the central and local public authorities, as well as in the trade union and employer bodies, of other non-commercial organizations and of the commercial companies;


i) with the heads of the units, their deputies and the chief accountants of the units;


k) for the period of accomplishing a certain work;


k.1) for the period of implementation of an investment project or of a technical and financial assistance program;


k.2) for carrying out works related to the increase of the volume of production or services provided, whose temporary character (up to one year) can be argued by the employer;


k.3) with the persons who are employed at the units created for a determined period;


l) with creative workers in art and culture;


m) with the employees of the religious associations; as well as


n) in other cases provided by the legislation in force.


(2) In the cases listed in par. (1) lit. e), g), i), l) and m), the conclusion of an individual fixed-term employment contract or the extension, for a definite duration, of an existing contract is allowed only when the establishment of a permanent employment relationship is not possible from objective reasons (such as the availability of people who study at the day section only during the holidays, the existence of organic laws that allow or prescribe the employment of certain fixed-term employees, etc.). The respective reasons, along with the legal grounds for limiting the duration of the employment relationship, are to be indicated in the contract or in the supplementary agreement to it.