LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Stand:
Title XII
LABOR JURISDICTION
Chapter I
GENERAL PROVISIONS

Art.

  348 Subject of labor jurisdiction

The subject of labor jurisdiction is the resolution of individual labor disputes and collective labor conflicts on collective bargaining, conclusion, execution, modification, suspension or termination of collective and individual labor contracts, collective agreements provided by this law, as well as the resolution of collective conflicts arising in various levels between social partners and concerning the economic, social, professional and cultural interests of workers.

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Art.

  349 Parties of the individual labor disputes and collective labor disputes

The parties of the individual labor disputes and collective labor disputes may be:

a) employees, as well as any other persons holding certain rights and/or obligations, pursuant to this code;

b) employers natural and legal persons;

c) trade unions and other representatives of employees;

d) employers' associations (patronages);

e) central and local public authorities, as appropriate;

f) (repealed)

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Art.

  350 Principles of labor jurisdiction

The principles of labor jurisdiction are:

a) conciliation of the divergent interests of the parties, deriving from the relations provided in art.348;

b) the right of the employees to be defended by their representatives;

b.1) the right of the employers to be protected by the patronages;

c) exemption of the employees and their representatives from legal expenses;

d) efficiency in examining individual labor disputes and collective labor disputes.

e) (repealed)

f) (repealed)

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Art.

  351 Labor jurisdiction bodies

Labor jurisdiction bodies are:

a) conciliation commissions (extrajudicial bodies);

b) the courts.

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Art.

  352 Examination of individual labor disputes and collective labor disputes

(1) The request for settlement of the individual labor dispute or of the collective labor dispute (claims in the case of conciliation procedure) shall be submitted to the competent labor jurisdiction body by the interested party (art. 349) and shall be registered by it in the established manner. .

(2) In the process of examining the application, the parties have the right to explain their position and to present to the labor jurisdiction body all the evidence and justifications they consider necessary.

(3) The labor jurisdiction body assesses the evidence presented by the parties and takes decisions according to the legislation in force.

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Art.

  353 Exemption of the employees and their representatives from the payment of legal expenses

Employees or their representatives who apply to the courts with requests for settlement of disputes and disputes arising from the reports provided in art. 348 (including to challenge judgments and decisions regarding the litigations and conflicts concerned) are exempted from the payment of legal costs (state tax and costs related to the trial of the case).

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