LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2020-08-31, valid until before 2022-01-10

Art.

74

Transfer to another job

(1) The transfer of the employee to another permanent job within the same unit, with the modification of the individual employment contract according to art.68, as well as the employment by transfer to a permanent job to another unit or the transfer to another locality together with the unit, they are allowed only with the written consent of the parties.


(2) The employee who, according to the medical certificate, requires the granting of a lighter work is to be transferred, with his written consent, to another job, which is not contraindicated. If the employee refuses this transfer, the individual employment contract is terminated in accordance with the provisions of art. 86 paragraph (1) letter x). If a suitable job is missing, the individual employment contract will be terminated pursuant to art.86 paragraph (1) letter d).


(2.1) With the written agreement of the parties, based on the order issued by the employer, the employee may be temporarily transferred to another job within the same unit, 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 par. (2.1), the employer will retain the position of employee held until the transfer.


(3) In case of transfer under the conditions of par. (1), (2) and (2.1), the parties will make the necessary changes in the individual employment contract according to art.68, based on the order (disposition, decision, resolution) issued by the employer which is brought to the employee's notice, under signature, within 3 working days.


(4) (Repealed).

In force since 2022-01-10

Art.

74

Transfer to another job

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 a medical certificate, requires lighter work shall be transferred, with his written consent, to another work which is not contraindicated for him. 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)