The individual employment contract is the agreement between the employee and the employer, through which the employee undertakes to perform a job in a certain specialty, qualification or position, to comply with the internal regulations of the unit, and the employer undertakes to ensure the working conditions provided by this code, other normative acts containing norms of labor law, the collective labor contract, as well as to pay the salary on time and in full.

(1) The parties to the individual employment contract are the employee and the employer.

(2) The natural person acquires the capacity to work at the age of 16.

(3) The natural person may conclude an individual employment contract also at the age of 15, with the written consent of the parents or legal representatives, if, consequently, his health, development, training and professional training will not be endangered.

(4) It is prohibited the employment of persons up to 15 years of age, as well as the employment of persons deprived by the court of the right to hold certain positions or to exercise a certain activity in the respective positions and activities.

(5) As an employer, part of the individual employment contract can be any natural or legal person, regardless of the type of property and the legal form of organization, which uses salaried work.

(6) The legal person employer may conclude individual employment contracts from the moment of acquiring the legal personality.

(7) The natural person employer may conclude individual employment contracts from the moment of acquiring the full capacity to exercise.

(8) It is forbidden to conclude an individual employment contract for the purpose of performing a work or an illegal or immoral activity.

(9) The citizens of the Republic of Moldova, foreign citizens and stateless persons may be part of the individual employment contract, except for the cases provided by the legislation in force.

(1) Unfounded refusal of employment is prohibited.

(2) It is prohibited any limitation, direct or indirect, in rights or the establishment of some advantages, direct or indirect, at the conclusion of the individual employment contract depending on sex, race, ethnicity, religion, domicile, political option or social origin.

(3) The refusal of the employer to hire shall be drawn up in writing, with the indication of the data provided in art. 49 paragraph (1) letter b), and may be challenged in court.

(1) Prior to employment or transfer to a new post, the employer shall inform the person to be employed or transferred of the conditions of employment in the proposed post, giving him the information referred to in Article 49 (1). This information shall be the subject of a draft individual employment contract or an official letter, signed by the employer with an electronic signature or a holographic signature. The obligation to inform the person selected for employment or the employee, in the event of transfer, shall be deemed to have been fulfilled by the employer when the contract or the supplementary agreement to the individual employment contract is signed.

(2) Upon hiring, the employee shall be provided with the collective agreements applicable to him/her, the collective labour agreement, the internal regulations of the establishment, as well as information on occupational safety and health requirements related to his/her work.

(3) If the employee is to work abroad, the employer shall provide him in good time with all the information referred to in Article 49 (1) and, in addition, information concerning:

a) the duration of work abroad;

b) the currency in which the work will be remunerated and the method of payment;

c) the compensation and benefits in cash and/or in kind related to going abroad;

d) the specific insurance conditions;

e) accommodation conditions;

f) tour and return travel arrangements.

(4) When employing foreign nationals in the Republic of Moldova, the provisions of the labour migration legislation as well as the relevant provisions of international treaties to which the Republic of Moldova is a party shall also be taken into account.

(1) The content of the individual employment contract is determined by agreement between the parties, taking into account the provisions of the legislation in force, and includes:

a) the name and surname of the employee;

b) the identification data of the employer;

c) the duration of the contract;

d) the date from which the contract is to take effect;

d.1) speciality, profession, qualification, position;

e) the duties of the post;

f) the risks specific to the post;

f.1) the name of the work to be performed (in the case of an individual employment contract for the period of performance of a specific work - Art. 312-316);

g) the rights and obligations of the employee;

h) the rights and obligations of the employer;

i) the conditions of remuneration of the work, including the salary of the position or the tariff one, the supplements, the prizes and the material aids (in case they are part of the salary system of the unit), as well as the periodicity of the payments;

j) compensations and allowances, including for work performed in difficult, harmful and / or dangerous conditions;

k) the workplace. If the job is not fixed, it is mentioned that the employee may have different jobs and the legal address of the unit or, as the case may be, the employer's domicile is indicated;

l) the work and rest regime, including the duration of the employee's working day and week;

m) probationary period, as the case may be;

n) the duration of the annual rest leave and the conditions for granting it;

o) (repealed)

p) social insurance conditions;

r) medical insurance conditions;

s) the specific clauses (art. 51), as the case may be.

(2) The individual employment contract may also contain other provisions tha do not contravene the legislation in force.

(3) It is forbidden to lay down conditions for the employee in the individual employment contract that are lower than those laid down in the regulations in force, in collective agreements and in the collective employment contract.

(4) (Repealed)

(5) (Repealed)

The employer is not entitled to require the employee to perform work that is not stipulated in the individual employment contract, except in cases provided by this code.

(1) Apart from the general clauses provided in art. 49, the parties may negotiate and include in the individual employment contract specific clauses, such as:

a) the mobility clause;

b) the confidentiality clause;

c) clauses regarding the compensation of transport expenses, the compensation of communal services, the granting of housing space;

d) other clauses that do not contravene the legislation in force.

(2) In exchange for the observance of some of the clauses provided in paragraph (1), the employee may benefit from the right to a specific indemnity and / or from other rights, according to the individual employment contract. In case of non-compliance with these clauses, the employee may be deprived of the rights granted and, as the case may be, obliged to repair the damage caused to the employer.

The mobility clause allows the employer to have an activity that does not require a stable job within the same unit.

(1) By the confidentiality clause, the parties agree that, for the entire duration of the individual employment contract and for a maximum of 2 years after its termination, not to disclose data or information of which they became aware during the execution of the individual employment contract. established by the internal regulations of the unit, by the collective or individual employment contract.

(2) The non-observance of the confidentiality clause entails the obligation of the guilty party to repair the caused damage.

(1) The parties may negotiate a non-competition clause whereby the employee is obliged, after termination of the individual employment contract, not to perform, for his own benefit or for the benefit of a third party, an activity which is in competition with the activity performed for his employer, for the period negotiated by the parties, but not more than 1 year. During this period, the employer pays the employee a monthly allowance, the amount of which will be negotiated between the employee and the employer, but which will not be less than 50% of the employee's average monthly salary.

(2) A non-competition clause which prohibits the employee from pursuing his profession in its entirety (according to his educational qualifications) shall be deemed invalid. The non-competition clause must expressly state the geographical area of the administrative-territorial units to which it applies, the activities for which it is valid, the period for which it takes effect, the amount of the monthly non-competition allowance, the time limits and the method of payment.

(3) For breach of the non-competition clause, the employee shall return the compensation received and recover the damage caused to the employer.

(4) Unless otherwise provided by the parties in the non-competition condition, the employer may unilaterally terminate the non-competition condition subject to notice and payment of three months' allowance. The notice of termination of the condition shall have effect only for the future.

(5) Unless otherwise stipulated by the parties in the non-competition condition, the employee may terminate the non-competition condition, subject to notice in writing, if the employer delays payment of benefits.

(6) This Article shall not affect the non-competition obligation provisions laid down in the Civil Code for the administrator of a legal entity.

(1) The individual employment contract is concluded, as a rule, for an indefinite period.

(2) The individual employment contract may be concluded for a determined duration, not exceeding 5 years, under the conditions provided by this code. The legal basis for concluding the individual fixed-term employment contract is indicated in the contract.

(3) If the duration of the individual employment contract is not stipulated, the contract shall be considered concluded for an indefinite period.

(4) It is forbidden to conclude individual fixed-term employment contracts in order to evade the granting of the rights and guarantees provided for employees employed for an indefinite period.

(5) The individual employment contract concluded for a determined duration in the absence of some legal grounds, ascertained by the State Labor Inspectorate, shall be considered concluded for an indefinite duration.

(1) The individual employment contract can be concluded for a fixed period, 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 (with the exception of cases where he is on strike), or for the period in which he is on one of the leaves provided for 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 performance of temporary works with a duration of up to 2 months;

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

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

c.1) with foreign citizens who work in the territory of the Republic of Moldova, with the exception of foreigners with the right of permanent or temporary residence for family reunification;

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

e) with people who study at educational institutions in day courses;

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

g) with scientific collaborators from research and development institutions, with teaching staff and rectors of higher education institutions, as well as with leaders of preschool, primary, general secondary, special complementary, artistic, sports, professional secondary, specialized environment educational institutions, based on the results of the contest held in accordance with the legislation in force;

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

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

j) (repealed)

k) for the period of performance of a certain work;

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

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

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

l) with creative workers in art and culture;

m) with employees of religious associations; as well as

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

(2) In the cases listed in para. (1) lit. e), g), i), l) and m), the conclusion of an individual fixed-term employment contract or the fixed-term extension of an existing contract is allowed only when establishing a permanent employment relationship is not possible from objective reasons (such as the availability of people who do their studies at the day department only during the holidays, the existence of organic laws that allow or prescribe the employment of certain employees for a fixed period, 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 additional agreement to it.

(3) Between the same parties, no more than 3 individual employment contracts can be concluded successively, for a determined duration, except for the cases provided for in para. (1) lit. a), b), c.1) and h), which cumulatively will not exceed 60 months.

(4) Individual employment contracts with a determined duration will be considered to be concluded successively if there is a time interval of less than 3 months between them.

(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 shall be communicated to employees and their representatives at the enterprise level by means of:

a) an advertisement sent by e-mail or other means of communication that can be accessed by any employee; and/or

b) a public announcement posted on the company's web page, if applicable; and/or

c) a public notice posted on a publicly accessible information board at the place of business, including all its branches or representative offices.

(1) The individual employment contract shall be concluded on the basis of negotiations between the employee and the employer. The conclusion of the individual employment contract may be preceded by specific circumstances (competitive examination, election to a post, etc.).

(2) The employee has the right to conclude individual employment contracts with other employers at the same time (cumulative employment), unless prohibited by the legislation in force.

(3) The individual employment contract shall be signed by the parties:

a) either by handwritten signature - in two copies, one copy of which shall be handed to the employee and the other shall be kept by the employer;

b) or by qualified advanced electronic signature - if the parties to the individual employment contract have agreed to conclude it by exchange of electronic documents.

(1) At the conclusion of the individual employment contract, the person who commits himself shall present to the employer the following documents:

a) identity card or other identity document;

b) (repealed)

c) (repealed)

d) the diploma of studies, the qualification certificate confirming the special training - for the professions that require knowledge or special qualities;

e) the medical certificate, in the cases provided by the legislation in force;

f) the declaration on his own responsibility regarding the fact that, during the activity at the previous jobs, he did not violate the provisions of art. 6 para. (2) of Law no. 325 of December 23, 2013 on the assessment of institutional integrity, except for cases when the person is employed for the first time.

(2) It is forbidden for employers to request from the persons who are hired other documents than those provided in paragraph (1), as well as other legislative acts.

(1) The individual employment contract shall be concluded in written form. The individual employment contract concluded before the date of entry into force of this Code may be concluded in written form only with the agreement of the parties. The employer's proposal to conclude the individual employment contract in written form shall be notified to the employee by the employer's order (disposition, decision, resolution), under signature or by another means that allows confirmation of receipt/notification. The employee's proposal to conclude the individual employment contract in written form shall be notified to the employer by submitting and registering his written request. The reasoned refusal of one of the parties to conclude the individual employment contract in written form shall be communicated to the other party by its written reply within 5 working days.

(2) The individual employment contract shall take effect from the day of signing, unless the contract provides otherwise.

(3) If the individual employment contract has not been concluded in written form, it shall be deemed to be concluded for an indefinite period and shall take effect from the day on which the employee is admitted to work by the employer or by another responsible person in the establishment who is authorized to employ staff. If the employee proves that he has been admitted to work, the individual employment contract in written form shall be drawn up by the employer at a later date.

(4) In the case of employment without the appropriate written form, the employer shall also be obliged, on the basis of the labour inspector's inspection report, to draw up the individual employment contract in accordance with the provisions of this Code.

(Excluded)

(1) In order to verify the professional skills of the employee, at the conclusion of the individual employment contract, he may be assigned a trial period of no more than 6 months. In the case of hiring unskilled workers, the trial period is established as an exception and cannot exceed 30 calendar days.

(2) The probationary period does not include the period of the employee being on medical leave and other periods in which he was absent from work for valid reasons, documented.

(3) The clause regarding the trial period must be stipulated in the individual employment contract. In the absence of such a clause, it is considered that the employee was hired without a trial period.

(4) During the trial period, the employee benefits from all the rights and fulfills the obligations stipulated by the labor legislation, the internal regulations of the unit, the collective and the individual labor contract.

(5) Only one trial period can be established during the individual employment contract.

Employees employed on the basis of an individual fixed-term employment contract may be subjected to a probationary period which shall not exceed:

a) 15 calendar days for a duration of the individual employment contract between 3 and 6 months;

b) 30 calendar days for a duration of the individual employment contract longer than 6 months.

The probationary period shall not apply to the conclusion of an individual employment contract with:

a) (repealed)

b) persons under 18 years of age;

c) persons employed by competitive examination under special laws unless otherwise provided for;

d) persons who have been transferred from one establishment to another;

e) pregnant women;

f) (repealed)

g) persons elected to elective office;

h) persons employed under an individual contract of employment of up to 3 months;

i) (excluded)

(1) If, during the probationary period, the individual employment contract has not been terminated on the grounds provided for in this Code, the action of the contract shall continue and its subsequent termination shall take place on a general basis.

(2) If the result of the probationary period is unsatisfactory, this is stated in the order (disposition, decision, resolution) regarding the dismissal of the employee, which is issued by the employer until the expiration of the probationary period, without payment of the indemnity. dismissal. The employer is not obliged to give reasons for the decision on the unsatisfactory result of the probationary period. The employee has the right to challenge the dismissal in court.

(Repealed)

(1) On the basis of the individual employment contract negotiated and signed by the parties, the employer may issue an order (disposition, decision, resolution) of employment.

(2) If the employer has issued an employment order (disposition, decision, resolution), it shall be notified to the employee, under signature or by another means allowing confirmation of receipt/notice, within 3 working days from the date of signing of the individual employment contract by the parties. At the employee's written request, the employer is obliged to provide him/her with a copy of the order (disposition, decision, resolution), certified in the prescribed manner, within 3 working days.

(Repealed)

The employer is obliged to issue free of charge to the employee within 3 working days, at his written request, a certificate regarding the work within the respective unit, indicating the specialty, qualification, position, duration of work and the amount of salary.

1) The individual employment contract may be amended by an additional agreement signed by the parties, including the use of a qualified advanced electronic signature. The supplementary agreement shall form an integral part of the individual employment contract.

(2) An amendment to the individual employment contract shall be deemed to be any amendment or addition which concerns at least one of the clauses referred to in Article 49 para. (1).

(3) (Repealed)

(1) By derogation from the provisions of art. 68 para. (1), the employee's job may be temporarily changed by the employer, without making changes in the individual employment contract, in case of travel or secondment according to art. 70 and 71.

(2) During the trip in the interest of service or secondment to another job, the employee maintains his position, the average salary and other rights provided by the collective and individual employment contract.

Sending the employee away in the interest of the service may be ordered for a period of no more than 60 calendar days, in the manner and under the conditions provided in art. 174-176. This period may be extended for a period of up to one calendar year only with the written consent of the employee.

(1) The secondment may be ordered only with the written consent of the employee for a period not exceeding one year and shall be carried out on the basis of a separate individual employment contract for a determined duration.

(2) If necessary, the period of secondment may be extended, by agreement of the parties, by a maximum of one more year.

(3) For some categories of employees (art. 302), the secondment may be ordered for a longer period than the one indicated in paragraph (1).

(4) The seconded employee has the right to the compensation of the transport and accommodation expenses, as well as to a special indemnity in accordance with the legislation in force, with the collective contract and / or with the individual labor contract.

(5) The specifics of the work may be modified by secondment, but only with the written consent of the employee.

(1) The remuneration, in case of secondment, will be performed by the unit where the employee will work. If it is unable to pay, the obligation to remunerate the work performed rests with the unit that ordered the secondment with the right to recourse action against the unit in which the employee was posted.

(2) If, at the new job, the salary conditions or the rest time differ from those from which the employee benefited at the unit that ordered the secondment, the more favorable conditions will be applied to the employee.

(1) In case of a situation provided by art.104 paragraph (2) letters a) and b), the employer may temporarily change, for a period of maximum one month, the place and specifics of the employee's work without his consent and without operation of the respective changes in the individual employment contract.

(2) In case of impossibility for the employee to perform work at the workplace organized by the employer and in order to protect the safety and health of the employee during exceptional situations related to the declaration of a state of emergency, siege and war or the declaration of a state of emergency in public health, the employer, depending on the specifics of the employee's work, may order, by reasoned order (disposition, decision, resolution), the temporary change of the employee's job with work at home or remotely, without making such changes in the contract individual work. The order (disposition, decision, resolution) is communicated to the employee in due time, including by electronic means.

1) The transfer of an employee to another permanent job within the same establishment, with modification of the individual employment contract in accordance with Article 68, as well as employment by transfer to a permanent job in another establishment or transfer to another locality together with the establishment, shall be permitted only with the written agreement of the parties.

(2) An employee who, according to the medical document (certificate/certificate/document etc.) issued by the competent medical authority (institution), requires lighter work shall be transferred, with his written consent, to another work which is not contraindicated. If the employee refuses this transfer, the individual employment contract shall be terminated in accordance with the provisions of Article 86 (1) (x). If a suitable job is not available, the individual employment contract shall be terminated in accordance with Article 86 (1) (d).

(2.1) With the written agreement of the parties, on the basis of the order issued by the employer, the employee may be temporarily transferred to another job within the same establishment for a period of up to one month, with the possibility of extending this period up to one year.

(2.2) In case of transfer under the conditions of para. (2.1), the employer shall retain the employee's position held until the transfer.

(3) In case of transfer under the conditions of paragraph (1), (2) and (2.1), the parties shall make the necessary changes in the individual employment contract in accordance with Article 68, based on the order (disposition, decision, resolution) issued by the employer which shall be notified to the employee, under signature or by other means allowing confirmation of receipt/notification, within 3 working days.

(4) (Repealed)

(1) Suspension of the individual employment contract may occur in circumstances beyond the control of the parties, by agreement of the parties or at the initiative of one of the parties.

(2) Suspension of the individual employment contract means suspension of the employee's work and of the payment of wages (salary, bonuses, other payments) by the employer.

(3) Throughout the period of suspension of the individual employment contract, the rights and obligations of the parties, other than those provided for in paragraph (2), shall continue to exist unless otherwise provided by the regulations in force, collective agreements, collective contract and individual employment contract.

(4) The suspension of the individual employment contract and the resumption of the employment activity, except for the cases provided in art. 76 lit. a), b) and c) and art. 78 para. (1) lit. d.1) and e), is made by order (disposition, decision, resolution) of the employer, which is brought to the employee's notice, under signature or in another way that allows confirmation of receipt / notification, at the latest on the date of suspension of the individual employment contract or resumption of work.

The individual employment contract is suspended in circumstances that do not depend on the will of the parties in case of:

a) maternity leave;

b) illness or trauma;

c) (Excluded)

d) establishment of quarantine, based on the sick leave certificate issued to the employee in accordance with the legislation;

e) incorporation into the military service in term, in the military service with reduced term or in the civil service;

f) force majeure, confirmed in the established manner, which does not require the termination of employment;

g) sending to the court the criminal file regarding the commission by the employee of a crime incompatible with the work performed, until the finality of the court decision;

h) omission, due to the employee's fault, of the term for passing the medical control;

i) detection, according to the medical document (certificate/document/act, etc.) issued by the competent medical authority (institution), of contraindications which do not allow the performance of the work specified in the individual employment contract;

j) request of the control or law enforcement bodies, according to the legislation in force;

k) presentation at work in a state of alcohol intoxication, in a state caused by narcotic or toxic substances, ascertained by the certificate issued by the competent medical institution or by the act of the commission composed of an equal number of representatives of the employer and employees;

l) on strike, declared according to this code;

m) establishing for a determined term the degree of disability as a result of a work accident or an occupational disease; as well as

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

The individual employment contract is suspended by agreement of the parties, expressed in writing, in case of:

a) granting unpaid leave for a period longer than one month;

b) following a professional training or internship course with decommissioning for a period longer than 60 calendar days;

c) technical unemployment;

d) care of the sick child up to 10 years old;

e) (repealed)

e.1) detachment;

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

(1) The individual employment contract is suspended at the initiative of the employee in case of:

a) leave for the care of the child up to 4 years old;

b) leave for the care of a sick family member lasting up to two years, according to the medical certificate;

b.1) leave for the care of the child with disabilities lasting up to 2 years;

c) following a professional training course outside the unit, according to art. 214 paragraph (3);

d) holding an elective position in public authorities, trade union bodies or employers;

d.1) non-payment or partial payment, at least 2 consecutive months, of the salary or other obligatory payments;

e) unsatisfactory working conditions from the point of view of labor protection; as well as

f) for other reasons provided by law.

(2) The individual employment contract may be suspended at the initiative of the employer:

a) during the service investigation, carried out under the conditions of this code;

b) (excluded)

c) in other cases provided by law.

(3) In the cases provided in par. (l) lit. d1) and e), the employee is obliged to communicate in writing to the employer the date of suspension of the individual employment contract.

(4) The employer is not entitled to hire other employees to replace those whose individual employment contracts have been suspended on the grounds provided in par. (l) lit. d1) and e).

(5) In the cases of suspension of the individual employment contract on the grounds provided in par. (l) lit. d1) and e), the employee is obliged to resume his work activity within 3 working days from the moment:

a) removing the danger for life or health;

b) payment of the salary, other obligatory payments or information about the transfer of these payments on the bank card.

(1) In the event of the suspension, in exceptional circumstances, of the educational process with a physical presence in educational institutions, once the competent authorities have ordered special measures to ensure the safety, protection of life and health of the population, with the consent of the employer, days off are granted to one of the parents or the guardian for the supervision of the children throughout the suspension of the educational process in the regime of physical presence, with the payment of an indemnity equal to at least 50% of the basic salary of the employee.

(2) The provisions of par. (1) shall apply:

a) parents or guardians of children up to 12 years of age enrolled in an educational unit;

b) parents or guardians of children with disabilities enrolled in an educational unit.

(3) The days off are granted at the written request of one of the parents or the guardian, to which is attached a declaration on their own responsibility, signed by both parents, except for single-parent families, or by the guardian who will supervise the child during the mentioned period. . .

(4) In the case of families with more than one child, who meet the stability requirements in this Article, only one of the parents shall have days off.

(5) If, as a result of checks, it is found that both parents have been on leave at the same time, the subsequent leave of a higher allowance granted under this Article shall be revoked.

(6) The allowance provided for in this Article shall be paid by the employer. In some cases, the allowance can be paid in full or in part from the state budget, in the manner established by the Government.

Disputes related to the suspension of the individual employment contract are resolved in the manner established in art. 354-356.

(1) The technical unemployment represents the temporary impossibility of the continuation of the activity by the employer, unit or by an internal subdivision of it:

a) for objective economic reasons;

b) following the declaration of a state of emergency, siege and war;

c) as a result of the restrictions imposed in the state of emergency in public health.

(2) The duration of the technical unemployment instituted pursuant to par. (1) lit. a) may not exceed 4 months during a calendar year.

(3) During the technical unemployment, the employees will be at the disposal of the employer, who will always have the possibility to order the resumption of the activity.

(4) During the period of technical unemployment, the employees benefit monthly from an indemnity that cannot be less than 50 percent of their basic salary, except for the cases of suspension of the individual employment contract according to art. 77 letter c).

(4.1) In the case of the establishment of technical unemployment pursuant to par. (1) lit. b) and c), the allowance may be paid in full or in part from the state budget, in the manner established by the Government.

(4.2) If the technical unemployment benefit is paid from the state budget, the jobs occupied by the persons for whom these benefits have been paid may not be reduced for a period at least equal to the period of the technical unemployment for which they were paid. they paid these indemnities, except in cases of insolvency.

(5) The manner in which the employees will execute the obligation to be available to the employer, as well as the concrete amount of the indemnity that the employees benefit from during the technical unemployment, are established by the order (disposition, decision, decision) of the employer. labor and collective agreements.

1. Stationing means the temporary impossibility of the production activity being continued by the unit, by an internal subdivision (subdivisions) thereof, by an employee or a group of employees and may be caused by:

a) for reasons that do not depend on the employer or employee;

b) through the fault of the employer;

c) through the fault of the employee.

(2) The remuneration of the standing time produced by causes that do not depend on the employer or employee, except for the period of technical unemployment (art. 80), is made in the amount of at least 2/3 of the basic salary per unit of time established to the employee, but not less than the amount of a minimum wage per unit of time, established by the legislation in force, for each hour of parking.

(3) In case of parking caused by the employer's fault, except for the period of technical unemployment (art. 80), the employer is obliged to compensate the employee for the salary he did not receive.

(4) The employee due to the parking has not been remunerated for the parking hours.

(5) The manner of registration of parking and the concrete amount of remuneration shall be established, as the case may be, in the collective and / or individual employment contract or in the internal regulations of the unit.

(1) The individual employment contract may be terminated:

a) in circumstances beyond the control of the parties (Articles 82, 305 and 310);

a.1) by written agreement of the parties (art. 82.1);

b) at the initiative of one of the parties (Articles 85 and 86).

(2) In all the cases referred to in paragraph (1), the day of termination of the individual employment contract shall be considered the last day of work.

(3) The individual employment contract shall be terminated on the basis of the employer's order (provision, decision, solution), which shall be notified to the employee, under signature or by another means allowing confirmation of receipt/notification, at the latest on the day of release from work, unless the employee does not work until the day of release from work (unjustified absence from work, deprivation of liberty, etc.). The employer's order (provision, decision, solution) on the termination of the individual employment contract must contain a reference to the corresponding article, paragraph, point and letter of the law.

The individual employment contract terminates in circumstances that do not depend on the will of the parties in case of:

a) death of the employee, declaration of his death or disappearance without trace by a decision of the court;

b) death of the natural person employer, declaration of his death or disappearance without trace by a decision of the court;

c) finding of the nullity of the contract by decision of the court - from the date of finality of the respective decision, except for the cases provided in art. 84 paragraph (3);

d) withdrawal, by the competent authorities, of the authorization (license) of activity of the unit - from the date of its withdrawal;

d.1) withdrawal, by the competent authorities, of the authorization (license), the permit, which grants the employee the right to work in a certain profession, trade or to perform a certain work - from the date of withdrawal of the respective act;

e) application of the criminal punishment to the employee, by decision of the court, which excludes the possibility to continue working at the unit - from the date of finality of the court decision;

f) expiration of the term of the individual fixed-term employment contract - from the date provided in the contract, unless the employment relationship continues in fact and neither party has requested their termination, as well as the case provided in art. 83 para. (3);

g) completion of the work provided by the individual employment contract concluded for the period of fulfillment of a certain work;

h) end of the season, in case of the individual employment contract for the fulfillment of the seasonal works;

i) reaching the age of 65 by the head of the state unit, including municipal, or of the unit with majority state capital;

j) force majeure, confirmed in the established manner, which excludes the possibility of continuing employment relationships;

j.1) re-establishment at the workplace, according to the decision of the court, of the person who previously performed the respective work, if the transfer of the employee to another work according to the present code is not possible;

k) other grounds provided in art. 305 and 310.

Note.

Persons released from service pursuant to letter i) may be employed for a determined period according to art. 55 lit. f), in any position, other than that of head of state unit, including municipal, or of unit with majority state capital.

The individual employment contract may be terminated at any time by written agreement of the parties.

(1) (Repealed)

(2) (Repealed)

(3) The individual fixed-term employment contract concluded for the period of fulfilling the employment obligations of the employee whose individual employment contract is suspended or who is on the respective leave (art. 55 letter a)) ends on the day of return of this employee to thing.

(4) If, at the expiration of the term of the individual fixed-term employment contract, neither of the parties has requested its termination and the employment relationships continue in fact, the contract shall be considered extended for an indefinite period.

(5) The individual fixed-term employment contract may be terminated prematurely in the cases provided in art. 82, 82.1, 85 and 86.

(1) Failure to comply with any of the conditions laid down in this Code shall render an individual employment contract null and void.

(2) A declaration of invalidity of the individual employment contract shall have effects for the future.

(3) The invalidity of an individual employment contract may be remedied by the fulfilment of the relevant conditions laid down in this Code.

(4) Where one of the conditions of an individual employment contract becomes invalid due to the establishment of rights for the employee below the level prescribed by law, collective agreements or collective bargaining agreements, this condition is automatically replaced by the minimum relevant condition prescribed by law, agreement or contract.

(5) The invalidity of an individual employment contract shall be determined by a court decision.

(6) An employee who has worked under an individual employment contract declared null and void shall be entitled to remuneration for the work performed.

(1) The employee has the right to resign - termination of the individual employment contract, except for the provision of paragraph (4.1), on his own initiative, notifying the employer, by written request, 14 calendar days in advance. The expiry of the said period shall begin on the day immediately following the day on which the application was registered.

(2) In case of resignation of the employee in connection with retirement, with the establishment of the degree of disability, with the leave for childcare, with the enrollment in an educational institution, with the transfer to another locality, with the care of the child until the age of 14 years or the child with disabilities, with the election in an elective position, with the employment by competition in another unit, with the violation by the employer of the individual and / or collective employment contract, of the labor legislation in force, the employer is obliged to accepts the resignation within the short term indicated in the submitted and registered application, to which the respective document confirming this right is attached.

(3)After the expiration of the terms indicated in paragraphs (1), (2) and (4.1), the employee has the right to stop working, and the employer is obliged to make full payment of the salary rights due to the employee within the terms provided for in art. 143 and to release the documents related to his activity in the unit.

(3.1) The individual employment contract may be terminated, with the written agreement of the parties, before the expiration of the terms indicated in paragraphs (1), (2) and (4.1).

(4) For 7 calendar days from the date of submission of the resignation request, the employee has the right to withdraw his application or to submit a new application, by which to cancel the first one. In this case, the employer is entitled to release the employee only if, until the withdrawal (cancellation) of the submitted application, an individual employment contract has been concluded with another employee under the conditions of this code.

(4.1) The head of the unit (branch or representative office), his deputies and the chief accountant are entitled to resign, notifying the employer, by written request, one month in advance.

(5) If, after the expiration of the terms indicated in paragraphs (1), (2) and (4.1), the employee has not in fact been dismissed and he continues his work activity without reaffirming in writing his desire to terminates the individual employment contract, its release is not allowed.

(1) Dismissal - termination on the employer's initiative of an individual employment contract concluded for an indefinite term and a fixed-term individual employment contract - shall be allowed on the following grounds

a) unsatisfactory outcome of the employee's probationary period (Article 63 (2));

b) Liquidation of the enterprise or termination of the activity of the individual employer

c) a reduction in the number of employees or in the staff of the enterprise

d) a finding of inadequacy of the employee for the position held or work performed due to his/her health condition in accordance with a medical document (certificate/document etc.) issued by a competent medical authority (institution)

f) a repeated unsatisfactory achievement of the indicators of individual achievements during the year. The dismissal may only take place following a prior evaluation of the employee in accordance with the evaluation procedure specified in the collective agreement, the applicable collective bargaining agreement or, in their absence, in accordance with the enterprise's internal regulations, in compliance with the general provisions laid down in this Act, provided that the employer has instructed the employee and has issued a written warning and given the employee a reasonable period for correction

f) a change of the employer's owner (in the case of the head of an enterprise, his deputies and the chief accountant);

g) repeated violation of work duties during one year, if the employee has been previously disciplined

h) absence from work without a valid excuse for four consecutive hours (not including a meal break) during the working day;

i) Being at work under the influence of alcohol, drugs or other substances as defined under article 76 (k);

j) Commission of an offence or offence against the property of the undertaking, established by a court decision or by an act of the authority competent to impose penalties for offences;

k) commission of an offence by an employee who directly services funds or material assets or who has access to the employer's information systems (information collection and management systems) or to systems operated by the employer, if those actions might cause the employer to lose confidence in that employee

k.1) Violation of the duty stipulated in section 7(2)(a) of the Institutional Integrity Assessment Act No 325 of 23 December 2013;

l) repeated gross violation, within one year, of the statutes of an educational institution by an educational employee (Article 301);

m) Commitment of immoral misconduct incompatible with the position held by the employee performing educational functions;

n) Use of physical or mental violence (including on one occasion) by a teaching staff member against pupils (art. 301)

o) The signature by the head of an enterprise (branch or subdivision), his deputies or chief accountant of an unjustified legal act causing material damage to the enterprise

p) A gross violation, even a single one, of his or her employment duties

r) the submission of false documents by an employee to the employer when entering into an individual employment contract (paragraph (1) of Article 57, duly verified

s) with regard to part-time employees - conclusion of an individual employment contract with another person for whom this occupation, profession or position is the main one (art. 273);

t) (repealed)

u) transfer of an employee to another enterprise with the employee's consent and with the consent of both employers

v) the employee's refusal to continue working due to a change of ownership or reorganisation of the enterprise, or due to the transfer of the enterprise to another authority;

x) Refusal by an employee to be transferred to another job for health reasons on the basis of a medical certificate (Article 74 (2))

y) the employee's refusal to be transferred to another locality due to transfer to that locality by the enterprise (art. 74, para. (1)); as well as

y.1) the employee's status as an old-age pensioner

z) on other grounds stipulated by this Code and other laws.

Note. Persons dismissed under paragraph (y.1) may be employed for a fixed term in accordance with Article 55(f).

(2) An employee may not be dismissed while on sick leave, annual leave, study leave, maternity leave, paternity leave, partial paid leave for the care of a child up to the age of 3, additional unpaid leave for the care of a child between the ages of 3 and 4, leave for the care of a sick family member, leave for the care of a disabled child, during the period of fulfilment of state or public service obligations and during secondment, except in the event of the liquidation of the establishment.

(1) When dismissing employees who are members of a trade union, the employer shall request in advance the advisory opinion of the trade union body in the unit, by notifying that body.

(2) When dismissing the persons elected in the trade union bodies and not released from the basic job, the employer requests in advance the consultative opinion of the trade union body whose members are the persons concerned, by a notification in which he argues his intention.

(3) When dismissing the leaders of the primary trade union organization (trade union organizers) not released from the basic job, the employer requests in advance the consultative opinion of the hierarchically superior trade union body, by a notification in which he argues his intention.

(4) The trade union bodies indicated in par. (1) - (3) shall present its opinion within 10 working days from the date of receipt of the notification.

1) The employer is entitled to dismiss employees from the establishment in connection with its liquidation or in connection with a reduction in the number or status of staff (Article 86 (1) (b) and (c)) only on condition that:

a) it shall issue an order (provision, decision, ruling), legally or economically motivated, concerning the liquidation of the establishment or the reduction of the number or the staff;

b) issues an order (provision, decision, decision) concerning the notice, under signature or by another means allowing confirmation of receipt/notification of each employee concerned, of the employees 2 months before the liquidation of the establishment or the reduction in the number or the staffing levels. In the event of a reduction in numbers or staffing levels, only those whose jobs are to be reduced will be notified;

c) once notice of the reduction in the number or status of staff has been given, offer in writing to the employee on notice another job (position) in the establishment concerned (provided that such a job (position) exists in the establishment and the employee on notice meets the necessary requirements to fill it);

d) shall, in the first instance, reduce the vacancies;

e) will terminate the individual employment contract in the first instance with employees employed on a cumulative basis;

f) grant the employee to be dismissed one working day per week with the maintenance of the average wage to look for another job;

g) will submit, in the prescribed manner, 2 months before the dismissal, the information on the persons to be dismissed to the employment agency;

h) shall apply to the trade union body (organiser) for an advisory opinion on the dismissal of the employee concerned;

i) (repealed)

(2) If, after the expiry of the 2-month notice period, the order (order, decision, decision) to dismiss the employee has not been issued, this procedure may not be repeated within the same calendar year. The period of notice does not include the period during which the employee is on annual leave, study leave or sick leave.   

(3) The reduced job may not be reinstated in the states of the establishment during the calendar year in which the dismissal of the employee who occupied it took place.

(4) In case of liquidation of the establishment, the employer shall be obliged to comply with the dismissal procedure provided for in paragraph (1) (a), (b), (f), (g) and (i).

(1) The employer is entitled to dismiss the employees in connection with the transfer to another unit (art. 86 par. (1) letter u)) only on condition that:

a) will receive a written request from another employer requesting the dismissal by transfer of a certain employee, indicating the job (position) proposed to him at the new unit;

b) (repealed)

c) will obtain the written consent of the employee for dismissal;

d) will pay to the dismissed employee, on the day of dismissal, all the amounts due to him from the unit (salary, compensation for unused leave, etc.).

(2) The employee, until the written expression of the dismissal agreement, may request from the new employer the employment offer, which will include all the clauses of the future individual employment contract.

(3) The employment offer is presented to the employee in written form and is irrevocable within the term provided by it.

(4) The refusal to hire the dismissed employee in connection with the transfer to another unit, as a result of his and both employers' agreement, is prohibited.

(1) An employee wrongfully transferred to another job or wrongfully dismissed from work may be reinstated by direct negotiations with the employer, and in case of dispute - by court decision.

(2) When examining the individual labour dispute by the court, the employer shall be obliged to prove the legality and indicate the grounds for the employee's transfer or release from work. In case the employee who is a trade union member challenges the dismissal order, the court shall request the advisory opinion of the trade union body (organiser) on the dismissal of the employee concerned.

(3) Immediately after the court's decision on the employee's reinstatement, the employer is obliged to issue a reinstatement order, which he shall notify to the employee, under signature or by other means allowing confirmation of receipt/notice, within 3 working days from the date of issue.

(1) In case of reinstatement at work of the employee illegally transferred or dismissed, the employer is obliged to repair the damage caused to him.

(2) The reparation by the employer of the damage caused to the employee consists in:

a) compulsory payment of compensation for the entire period of enforced absence from work in an amount not exceeding 12 average monthly salaries of the employee in the event of transfer or unlawful dismissal;

b) compensation of additional expenses related to contesting the transfer or dismissal from the service (consultation of specialists, court costs, etc.);

c) compensation of the moral damage caused to the employee.

(3) The amount of reparation of the moral damage shall be determined by the court, taking into account the appreciation given to the actions of the employer, but may not be less than an average monthly salary of the employee.

(4) Instead of reinstating at work, the parties may conclude a conciliation transaction, and in case of litigation - the court may collect from the employer, with the consent of the employee, for his benefit, an additional compensation to the amounts indicated in para. (2) in the amount of at least 3 average monthly salaries of the employee.

In order to ensure the rights and freedoms of the individual and the citizen, in the process of processing the employee's personal data, the employer and his representatives are obliged to comply with the following requirements:

a) processing of the employee's personal data may be carried out exclusively for the purpose of fulfilling the provisions of the legislation in force, providing assistance in hiring, training and advancement in service, ensuring the employee's personal security, controlling the volume and quality of work performed and ensuring the integrity of the unit's property;

b) when determining the volume and content of the employee's personal data to be processed, the employer is obliged to be guided by the legislation in force;

c) all personal data shall be taken from the employee or from the source indicated by the employee;

d) the employer is not entitled to obtain and process data relating to the employee's political and religious beliefs and private life. In the cases provided for by law, the employer may request and process data on the employee's private life only with the employee's written consent;

e) the employer shall not be entitled to obtain and process data concerning the employee's membership of trade unions, public and religious associations, parties and other socio-political organisations, except in the cases provided for by law;

f) when taking a decision affecting the employee's interests, the employer shall not be entitled to rely on the employee's personal data obtained exclusively by automatic or electronic processing;

g) the protection of the employee's personal data against unlawful use or loss is ensured at the employer's expense;

h) employees and their representatives must be made familiar, under their signature or by another means allowing confirmation of receipt/notification, with the documents concerning the processing and storage of employees' personal data in the establishment and be informed of their rights and obligations in this area;

i) employees must not waive their rights regarding the storage and protection of personal data;

j) employers, employees and their representatives must jointly develop measures to protect employees' personal data.

When transmitting the personal data of the employee, the employer must comply with the following requirements:

a) not to communicate to third parties the personal data of the employee without his written consent, except in cases where this is necessary in order to prevent a danger to the life or health of the employee, as well as the cases provided by law;

b) not to communicate the personal data of the employee for commercial purposes without his written consent;

c) to warn the persons receiving the personal data of the employee about the fact that they can be used only for the purposes for which they were communicated and to ask the persons concerned to confirm in writing the observance of this rule. The persons who receive the personal data of the employee are obliged to respect the confidentiality regime, except for the cases provided by law;

d) to allow access to the personal data of the employee only to the persons empowered in this respect, who, in their turn, have the right to request only the personal data necessary for the exercise of concrete attributions;

e) not to request information regarding the employee's state of health, except for the data regarding the employee's capacity to fulfill his / her work obligations;

f) to transmit to the employees' representatives the personal data of the employee in the manner provided by this code and to limit this information only to those personal data that are necessary for the exercise by the respective representatives of their attributions.

In order to ensure the protection of his personal data that is kept by the employer, the employee has the right:

a) to receive full information about his personal data and how to process them;

b) to have free and unrestricted access to his personal data, including the right to copy any legal act containing his personal data, except in the cases provided by the legislation in force;

c) to appoint its representatives for the protection of its personal data;

d) to have access to the medical information concerning him, including through the medical worker, at his choice;

e) to request the exclusion or rectification of incorrect and / or incomplete personal data, as well as of data processed in violation of the requirements of this code. If the employer refuses to exclude or rectify incorrect personal data, the employee has the right to notify the employer in writing of his reasoned disagreement;

f) to attack in court any illegal actions or inactions of the employer admitted to obtaining, storing, processing and protecting the personal data of the employee.

Persons guilty of violating the rules on obtaining, storing, processing and protecting the employee's personal data are liable according to the legislation in force.