LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Stand:
Chapter IV
WORK OF LEADERS OF UNITS AND MEMBERS OF COLLEGE BODIES

Art.

  258 General dispositions

(1) The provisions of this chapter apply to the managers of all units, except for the cases when the manager (employer) is simultaneously the owner of the unit.

(2) The head of the unit is the natural person who, in accordance with the legislation in force or the documents of constitution of the unit, exercises attributions of administration of the respective unit, fulfilling at the same time the functions of the executive body.

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Art.

  259 Legal basis for labor regulation the unit leader

The rights and obligations of the head of the unit in the field of labor relations are regulated by this code, by other normative acts, by the documents of constitution of the unit and by the individual labor contract.

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Art.

  260 Conclusion of the individual employment contract with the head of the unit

(1) The individual employment contract with the head of the unit is concluded for the duration indicated in the establishment documents of the unit or for a term established in the contract by the agreement of the parties.

(2) The legislation in force or the documents of constitution of the unit may provide special procedures that will precede the conclusion of the individual employment contract with the head of the unit (organization of the competition, election or appointment).

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Art.

  261 Work by cumulation of the head of the state unit, including municipal, or of the unit with majority capital of the state

(1) The head of the state unit, including municipal units, or of the unit with majority state capital may not perform work by cumulation at another unit or to cumulate functions at the unit he leads, with the exceptions provided by the legislation in force.

(2) The head of the state unit, including municipal units, or of the unit with majority state capital may not be part of the bodies exercising supervision and control in the unit he leads.

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Art.

  262 Material responsibility of the head of the unit

(1) The head of the unit bears full material responsibility for the direct and real damage he caused to the unit, according to the present code and other normative acts.

(2) In the cases provided by the legislation in force, the head of the unit shall repair the damage caused to the unit as a result of his guilty action or inaction. The calculation of this damage is performed in accordance with the rules of the Civil Code.

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Art.

  263 Additional grounds for termination of the individual employment contract concluded with the head of the unit

Apart from the cases of termination of the individual employment contract on the grounds provided by this code and other normative acts, the individual employment contract concluded with the head of the unit may be terminated in case of:

a) dismissal of the head of the debtor unit in accordance with the legislation on insolvency;

b) issuance by the authorized body or the owner of the unit of the order (disposition, decision, decision) legally grounded for termination of the individual employment contract before term; as well as

c) in other cases provided by the individual employment contract.

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Art.

  264 Compensation in connection with the termination of the individual employment contract concluded with the head of the unit

In case of termination of the individual employment contract concluded with the head of the unit based on the order (disposition, decision, decision) of the competent body or the owner of the unit (art. 263 letter b)), in the absence of guilty actions or inactions, the head is notified in writing one month in advance and is paid compensation for the termination of the individual employment contract prematurely, in the amount of at least 3 average monthly salaries. The concrete amount of the compensation is established in the individual employment contract.

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Art.

  265 Resignation of the head of the unit

The head of the unit has the right to resign before the expiration of the term of the individual employment contract in the cases stipulated by the contract, informing his employer in writing one month in advance.

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Art.

  266 Other peculiarities of regulating the work of the heads of the units and of the members of the collegiate bodies

The legislation in force and / or the establishment documents of the unit may also provide other particularities regulating the work of the unit leaders, as well as the particularities regulating the work of the members of the collegiate executive body of the unit, which operate on the basis of an individual employment contract.

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