(1) The guarantee means the means, the methods, the conditions by which the realization of the rights granted to the employees in the field of labor relations and of other social relations related to them is ensured.

(2) Compensation means the monetary rights established for the purpose of compensating the expenses incurred by the employees in connection with their execution of the work obligations and other obligations provided by the legislation in force.

In addition to the general guarantees and compensations provided by this code (guarantees for employment, transfer, in the field of remuneration, etc.), employees are granted guarantees and compensations in case of:

a) travel in the interest of work;

b) transfer to work in another locality;

c) combining work with studies;

d) termination of the individual employment contract; as well as

e) in other cases provided by this code and by other normative acts.

(1) Travel in the interest of the service means the delegation of the employee, according to the order (disposition, decision, decision) of the employer, for a certain term, for the execution of work obligations outside the permanent workplace.

(2) The service trips of the employees whose permanent activity has a mobile or itinerant character, as well as the accomplishment of the prospecting works, of the geodetic and topographic ones on the field, are not considered trips in the interest of service if the employer grants the necessary service transport.

Employees displaced in the interest of work are guaranteed the maintenance of their job (position) and average salary, as well as compensation for expenses related to travel in the interest of work.

(1) In case of travel in the interest of service, the employer is obliged to compensate the employee:

a) round-trip travel expenses;

b) accommodation expenses;

c) daytime;

d) other travel expenses.

(2) The manner and amount of compensation of expenses related to travel in the interest of service shall be approved by the Government. Units with financial autonomy may establish in the collective labor agreement increased amounts of these compensations.

(1) When the employee is transferred, based on a prior written agreement with the employer, to work in another locality, the employer is obliged to compensate him:

a) the expenses related to the relocation of the employee and his family members to another locality (except for the cases when the employer ensures the transportation of the respective persons and their goods);

b) the expenses for settling in the new place of residence.

(2) The concrete amounts of the compensation of the expenses specified in paragraph (1) shall be determined by the agreement of the parties to the individual employment contract, but may not be smaller than those established by the Government.

(1) Employees sent by the employer to accredited study programs under the conditions of the law in technical vocational education, bachelor's degree or master's degree with reduced frequency are established a reduced working time, additional leave is granted, with the maintenance full or partial average salary, and other facilities, as established by the Government.

(1.1) Employees who, on their own initiative, have enrolled in accredited study programs under the law in technical vocational education, bachelor's degree or part-time master's degree are granted certain guarantees and compensations in the manner provided by the contract. collective or individual work.

(2) In the collective labor contract, in another normative act at unit level and in the collective agreements for the employees mentioned in paragraph (1), additional facilities may be provided at the expense of the means of the unit.

(1) Employees who study in doctoral and postdoctoral programs in higher education institutions or in organizations in the fields of research and innovation, accredited under the law, are granted guarantees and compensations in the manner provided by the collective agreement or individual contract for work.

(2) The employer and the employees' representatives may provide in the collective labor contract or in another normative act at unit level, from the unit's account, additional guarantees and compensations to those established by the normative acts in force.

(Repealed)

Employees studying in general secondary education institutions are established a reduced duration of working time, they are granted additional leave with the maintenance, total or partial, as the case may be, of the average salary, as well as other guarantees and compensations as established by the Government.

(1) The employees who combine work with studies are granted guarantees and compensations when obtaining, for the first time, the studies of the respective level.

(2) The annual leave may be attached to the additional holidays granted to the employees who combine work with studies, according to a written agreement between the employer and the employee.

(3) Employees who study at an educational institution in the second or third specialty (profession) may be granted certain guarantees and compensations in the manner provided by the collective or individual employment contract.

(1) In case of reduction of the number or staff, the preferential right to be left to work benefits the employees with a higher qualification and labor productivity.

(2) In case of an equal qualification and labor productivity, the preferential right to be left to work have:

a) employees with family obligations, who support two or more persons and / or a person with disabilities;

b) employees in whose family there are no other persons with independent income;

c) employees who have a longer seniority in the respective unit;

d) the employees who suffered in the respective unit a work accident or contracted an occupational disease;

e) employees who raise their qualification in higher education and technical professional institutions, without leaving the activity;

f) persons with disabilities as a result of the war and members of the families of soldiers who have fallen or disappeared without a trace;

g) participants in the actions for the defense of the territorial integrity and independence of the Republic of Moldova;

h) inventors;

i) persons who have fallen ill or have suffered from actinic disease and other diseases caused by radiation as a result of the Chernobyl accident;

j) persons with disabilities in respect of whom the causal relationship between the occurrence of the disability and the damage from the C.A.E. Chernobyl, the participants in the liquidation of the consequences of the damage from the C.A.E. Chernobyl in the alienation zone in 1986-1990;

k) employees who have more incentives for success at work and do not have disciplinary sanctions (art. 211);

l) employees who have at most 5 years left until the establishment of the old-age pension.

(3) In case some persons indicated in paragraph (2) correspond to several criteria provided in this paragraph, the preferential right to be left to work belongs to the persons who meet several criteria in comparison with the other persons. In case of equality of the number of criteria, the preferential right belongs to the person who has a longer seniority in the respective unit.

(1) The employer is obliged to notify the employee, by order (provision, decision, decision), under signature or by another means which allows confirmation of receipt of the order by each employee concerned, of his intention to terminate the individual employment contract concluded for an indefinite or fixed term, within the following time limits:

a) 2 months in advance - in case of dismissal in connection with the liquidation of the establishment or the termination of the activity of the natural person employer, reduction in the number or states of personnel at the establishment (Art. 86 (1) (b) and (c));

b) one month in advance - in the event of dismissal in connection with a finding of unsatisfactory performance, repeatedly over a period of one year, of individual performance indicators, in accordance with the assessment procedure implemented by the employer under Article 86 para. (1) (e);

c) 14 calendar days in advance - in case of dismissal due to the employee's status of old-age pensioner (Art. 86 para. (1) (y.1) and Art. 301 para. (1) lit. c)).

(2) During the periods referred to in paragraph (1), the employee shall be granted at least one working day per week, with maintenance of the average wage, for seeking another job.   

(3) Upon termination of the individual employment contract as a result of the employee's breach of his/her employment obligations (Article 86 (1) (g)-(k), (m), (o)-(r)), notice of termination is not mandatory.

(1) In case of change of the owner of the unit, the new owner, within a maximum of 3 months from the day of the appearance of the property right, pursuant to art. 86 paragraph (1) letter f), is entitled to dissolve individual employment contracts concluded with the head of the unit, with his deputies, with the chief accountant.

(2) The new owner shall grant to the dismissed persons according to paragraph (1) an additional compensation if this is provided by the individual employment contract.

1) Collective dismissals are dismissals made by the employer for one or more reasons not attributable to the employee, if, within a period of 30 days, the number of dismissals constitutes:

a) at least 10 in establishments employing between 20 and 99 employees;

b) at least 10% of the number of employees in establishments employing between 100 and 299 employees;

c) at least 30 in establishments employing 300 or more employees.

(2) In determining the actual number of employees collectively dismissed in accordance with paragraph (1), the number of employees shall be (1), the number of employees whose individual employment contracts have been terminated at the initiative of the employer for one or more reasons not attributable to the employee (referred to in Article 86 (1)) shall also be taken into account. (1) (z)), provided that there are at least 5 redundancies.

(3) If measures involving collective redundancies are envisaged in the establishment, at least 3 months in advance (including the notice period referred to in para. (7)), the employer is obliged to notify the employees' representatives in the establishment and the employment agency and to initiate consultations with the employees' representatives with a view to reaching an agreement.

(4) In order to enable the employees' representatives to make constructive proposals, at least 5 working days before the consultations begin, the employer is obliged to provide them, in writing, with all available useful information on:   

a) the reasons for the planned redundancies;

b) the number and categories of employees to be made redundant;

c) the number and categories of employees employed at the establishment;

d) the period during which the redundancies will take place;

e) the criteria for selecting the employees to be made redundant, laid down by law, collective agreements or collective labour agreements;

f) the method of calculating any severance payments provided for in the collective agreement or in the regulations at unit level, except those provided for by the legislation in force.

(5) Consultations shall last until an agreement is reached, but in any case no longer than 30 calendar days from the time when the employees' representatives are informed of the envisaged collective redundancies.

(6) If no agreement is reached and the employer's unilateral decision is to continue the collective dismissal process, this decision shall be communicated by notification to the employees' representatives and the employment agency. The notification to the employment agency shall contain at least the elements set out in paragraph 1. (4)(a) to (e), as well as any relevant information on the planned redundancies and the consultations with the employees' representatives. The notification requirement shall cover each redundancy envisaged in collective redundancies.

(7) Notification, under signature or by another means that allows confirmation of receipt/notification, of employees of collective redundancies shall be made 2 months prior to the redundancy, in accordance with the redundancy procedures laid down in Article 88.

(8) The Employment Agency shall use the period prior to dismissals to seek solutions to the problems raised by the dismissals and to provide, together with the employer and the employees' representatives, assistance in the employment of the employees to be dismissed, presenting them with employment and retraining opportunities.

(1) To the dismissed employees in connection with the liquidation of the unit or with the cessation of the activity of the natural person employer (art. 1) letter c)) are guaranteed:

a) for the first month, the payment of a severance pay equal to the sum of an average weekly salary for each full year worked at the unit in question, but not more than six average monthly salaries and not less than an average monthly salary . If the unit was the legal successor of a previously reorganized unit and the individual employment contract with the employees in question has not previously ended (art. 81), all years of activity will be taken into account. If the employee who is dismissed has worked in the unit with an individual employment contract for several periods of time, the years worked since the conclusion of the last individual employment contract will be taken into account;

b) for the second month, the payment of a severance pay equal to the amount of the average monthly salary if the dismissed person has not been placed in employment;

c) for the third month, the payment of a severance pay equal to the amount of the average monthly salary, if the dismissed person has not been placed in employment;

d) upon the liquidation of the unit, by the written agreement of the parties, the full payment of the amounts related to the dismissal of the employee for all 3 months, on the date of dismissal.

Note.

In case of placement of the dismissed person during the months indicated in letters b) and c), the indemnity will be paid for the period until the date of his employment.

(2) The severance pay in the amount of an average salary for 2 weeks shall be paid to the employees upon termination of the individual employment contract in connection with:

a) finding that the employee does not correspond to the position held or the work performed due to health, in accordance with the respective medical certificate, or as a result of insufficient qualification confirmed by the decision of the attestation commission (art. 86 para. (1) letter d ) and it is));

b) re-establishment at the workplace, according to the court decision, of the employee who previously performed the respective work (art. 82 letter j1));

c) the employee's refusal to be transferred to another locality in connection with the transfer of the unit in this locality (art. 86 para. (1) letter y)).

(3) Employees whose individual employment contract has been suspended in connection with the incorporation

in the term military service, in the short-term military service or in the civil service (art. 76 letter e)) or who have resigned in connection with the violation by the employer of the individual or collective labor contract (art.85 para (2)) benefit from the indemnity provided in paragraph (2).

(4) The payment of the dismissal allowance shall be made at the previous place of work.

(5) The collective or individual employment contract may also provide for other cases of payment of the severance pay, increased amounts thereof, as well as longer deadlines for payment of the allowance.

The employee whose individual employment contract has been suspended in connection with his election to an elective position, according to the legislation in force (art. 78 para. (1) letter d)), is granted, after the termination of his powers in the position respectively, the previous work (position), and if it is missing - another work (function) equivalent to the same or, with the employee's consent, to another unit.

(1) During the fulfillment of the state or public obligations, if, according to the legislation in force, they are performed during the working hours, the employees are guaranteed the maintenance of the job (of the position) and of the average salary in accordance with paragraph (2 ).

(2) The average salary of the employees in case of fulfilling the following state or public obligations is maintained:

a) presentation, by summons, to the criminal investigation bodies, to the prosecutor, to the court as a witness, injured party, expert, specialist, translator, procedural assistant;

b) participation as members of the voluntary fire brigades in the liquidation of the fire or damage; as well as

c) in cases of fulfillment of other state or public obligations provided by the legislation in force.

(1) For the period of work in electoral bodies, employees may request time off from their basic place of work in accordance with Article 97.3 of this Code and the Election Code.

(2) The employer, irrespective of the legal form of organisation, shall be obliged to allow employees to carry out activities in electoral bodies, including attending meetings of electoral bodies, if they are held during working hours, under the conditions of this Code and the Election Code. The decisions establishing and confirming the nominal composition of the electoral bodies and, where appropriate, the decisions on the release of employees shall serve as a basis for carrying out activities in the electoral bodies.

(3) Employees relieved of their work duties and employees not relieved of their work duties who participate during working hours in the meetings and electoral procedures of the electoral bodies to which they belong shall be guaranteed to keep their job (position) and their full or partial salary at work.

(4) Employees working in electoral bodies shall be granted a day off, as a rule, immediately following election day, with maintenance of their average salary at their place of work.

(5) During work in electoral bodies, employment (service) relations may not be terminated or changed (suspended) except at the initiative or with the consent of the employee, except for termination of employment (service) relations in circumstances beyond the control of the parties.

(6) Employees working as election officials shall also benefit from other guarantees established by this Code, electoral and tax legislation.

Employees called to perform military service on time, short-term military service, civil service, as well as those called to military camps benefit from the guarantees and compensations provided by the legislation in force.

(1) The employer is obliged to allow, without any hindrance, the presentation of blood donor employees to medical institutions on the day of donating blood or blood derivatives for their use for therapeutic purposes, maintaining the average salary of donors and ensuring them, in case of necessity, with transport.

(2) Employees who donate blood are granted, on the day immediately following the day of donation of blood or blood derivatives, a day off with the maintenance of the average salary. In case of donation of blood or blood derivatives on the day preceding the day (s) of rest, a day off with the maintenance of the average salary shall be granted to the donor employees immediately after the day (s) of rest.

(3) In case of donation of blood or blood derivatives during the annual rest leave, on rest days or on non-working holidays, the employer is obliged to grant the blood donor employee another paid day off which, with the agreement written notice of the respective employee, may be attached to the annual rest leave.

(1) In the event of a state of emergency, siege and war, as well as in the event of a state of emergency in public health, for the implementation of special measures to ensure the safety, protection of life and health of the population, employers shall grant employees days off. the average salary, in the manner established by the Government.

(2) The Government establishes compensations, from the means of the state budget, for the employers who have applied the provisions of par. (1).

The employee author of the invention or of the rationalization proposal benefits from the guarantees and compensations provided by the legislation in force, by the collective contract and / or by the individual labor contract.

(1) The employee who uses, with the consent or knowledge of the employer and in his interest, the personal goods is paid the compensation for the use and wear of the means of transport, tools, equipment, other materials and technical means related to their use.

(2) The amount and the method of payment of the compensation shall be established by the written agreement of the parties to the individual employment contract.

During the performance of medical controls (examinations), employees who, according to the provisions of this code or other normative acts, are obliged to pass these controls (examinations) are kept the average salary at work.

In case of granting the employee a medical leave, the employer is obliged to pay him an indemnity under the conditions of art. 123 paragraph (2).

(1) Employees who follow, at the initiative of the employer, the professional training course with retirement, their job (position) and average salary are maintained, they are granted other guarantees and compensations provided by the legislation in force.

(2) Employees who follow, at the initiative of the employer, the professional training course with decommissioning, in another locality, shall be compensated the travel expenses in the manner and under the conditions provided for the employees sent on the move in the interest of service.

(1) In case of injury to the health or death of the employee as a result of an accident at work or an occupational disease, the employee will be compensated the unrealized salary (income), as well as additional expenses for medical, social and professional rehabilitation related to the injury to the deceased's health or to the family of the deceased is reimbursed for the expenses related to the death.

(2) The amount and conditions for granting the guarantees and compensations provided in paragraph (1) are established by the legislation in force.

Employees are subject to state social insurance and benefit from all guarantees, compensations and other payments provided by the state social insurance system according to the legislation in force.

(1) In case of reorganization of the unit, change of type of property or its owner, the assignee takes over all the rights and obligations existing at the date of occurrence of the event arising from individual employment contracts and collective labor agreements in force.

(2) The reorganization of the unit, the change of the type of property or of its owner do not constitute, in itself, grounds for termination of the individual employment contract (with the exceptions provided in art. 86 paragraph (1) letter f)). At the same time, the dismissal of employees may occur, in such cases, as a result of the reduction in the number or staffing of the unit.

(3) In case of reorganization of the unit, change of the type of property or its owner, the employees' right to information and consultation shall be respected. At least 30 calendar days before the start of the procedure for reorganizing the unit, changing the type of property or its owner, the employer shall inform in writing the representatives of his employees regarding:

a) the proposed date or date of the initiation of the reorganization procedure, of the change of the type of property or of the owner of the unit;

b) the reasons for the reorganization, change of the type of property or the owner of the unit;

c) the legal, economic and social consequences of the reorganization, change of the type of property or the owner of the unit for employees;

d) the planned measures regarding the employees.

(4) The assignee is obliged to provide to the representatives of his employees the information mentioned in par. (3) lit. a) –d) at least 30 calendar days before the reorganization of the unit, the change of the type of property or its owner actually takes place.

(5) If there is no union or elected representatives at the unit, the information mentioned in par. (3) shall be made known to employees through a public notice placed on an information panel with general access to the headquarters of the unit (including each of its subsidiaries or representative offices), as well as, where appropriate, through the website or electronic messages.

(6) If the transferor and / or the transferee plan to take certain measures regarding their employees, they are to be consulted with the employees' representatives in accordance with the provisions of art. 421.

(7) If in the process of reorganization of the unit, of change of the type of property or of its owner, reductions of the number or of the personnel states are foreseen, the provisions of art. 88.

For the period of regular medical examinations, employees are guaranteed to maintain their job (function) and average salary.