LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Stand:
Chapter II
EMPLOYER'S COMPENSATION
Artikel   329 Compensation to an employee for material and moral damage

(1) An employer is obliged in full to compensate the material and moral damage caused to an employee in connection with his job/duties performance, in the case of discrimination against an employee at the workplace or as a result of unlawful deprivation of his ability to work, unless other is provided by this law or other regulatory enactments.

(2) Moral damage shall be compensated in monetary or other material form determined by the parties. Disputes and conflicts arising in connection with moral damage compensation are resolved by the court, regardless of the material damage amount to be compensated.

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Artikel   330 The employer's obligation to compensate damage caused upon an employee as a result of unlawful deprivation of the opportunity to work

(1) An employer is required to compensate a person wage he/she has not received in all cases of unlawful deprivation of his/her ability to work. This comes, particularly, in cases of:

a) unjustified refusal to hire;

b) illegal release from service or illegal transfer to another job under the conditions of art. 90 para. (2) lit. a);

c) the downtime of the enterprise due to the employers fault, with the exception of the technical downtime period (Art. 80);

d) (repealed)

f) delays in wages payment;

f) delays in payments (all or part) due to the exemption;

g) dissemination by any means (in the media, written characteristics, etc.) defamatory information about the employee;

h) failure to comply in time the decision of the competent authority of the labor jurisdiction, which resolved the dispute (conflict) on the deprivation of the opportunity to work; 

(2) In case of delay due to the employers fault in wages payment(Art. 142), vacation allowance (Art. 117), release payments (Art. 143) or other payments (Art.123, 124, 127, 139, 186; point 8, Art. 225, etc.)  to the employee, he is additionally paid for each day of delay 0.3 percent of the amount not paid on time.

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See the original = Romanian


Artikel   331 Material responsibility of an employer for the damage caused to an employee

(1) An employer who has caused material damage to an employee as a result of improper performance of his obligations under the individual labor contract shall compensate this damage in full. The amount of material damage is calculated at market prices in force in the given locality at the time of compensation according to statistical data.

(2) By the party’s agreement, material damage may be compensated in kind.

Original 

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See the original = Romanian


Artikel   332 How to deal with disputes concerning compensation for material and non-material damage caused to the employee

(1) An employee's written claim for compensation for material and non-material damage shall be submitted to the employer. The employer is obliged to register the claim, examine it and issue the corresponding order (provision, decision, ruling) within 10 calendar days from the day of its registration, informing the employee by signature or by another means that allows confirmation of receipt/notice.

(2) If the employee does not agree with the employer's order (provision, decision, ruling) or if the order (provision, decision, ruling) has not been issued within the period referred to in paragraph (1), the employee is entitled to apply to the court for the settlement of the individual labour dispute that has arisen (Title XII).

Nichtoffizielle Übersetzung! Keine Gewähr für Richtigkeit.

See the original = Romanian