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.