LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2018-01-12, valid until before 2022-08-26

Art.

86

Dismissal

(1) The dismissal - the termination at the initiative of the employer of the individual employment contract of indefinite duration, as well as of the fixed-term one - is allowed for the following reasons:


a) the unsatisfactory result of the probationary period (art. 63 para. (2));


b) liquidation of the unit or cessation of the activity of the natural person employer;


c) reduction of the number or staff of the unit;


d) finding that the employee does not correspond to the position held or the work performed due to the state of health, in accordance with the medical certificate;


e) finding that the employee does not correspond to the position held or the work performed due to insufficient qualification, established following the attestation performed in the manner provided by the Government;


f) change of the owner of the unit (regarding the head of the unit, his deputies, the chief accountant);


g) repeated violation, during a year, of work obligations, if the employee has previously been disciplined;


h) absence without good reason from work for 4 consecutive hours (without taking into account the lunch break) during the working day;


i) presentation at work in a state of alcohol intoxication, in a state caused by narcotic or toxic substances, established in the manner provided in art. 76 letter k);


j) committing a contravention or crime against the patrimony of the unit, established by the decision of the court or by the act of the competent body to which the application of the contravention sanctions is held;


k) the commission by the employee who directly manages money or material values ​​or who has access to the employer's information systems (information collection and management systems) or to those administered by the employer of culpable actions, if these actions can serve as grounds for the loss of the employer's trust in the respective employee;


k1) violation of the obligation provided in art. 7 para. (2) lit. a) of Law no. 325 of December 23, 2013 on the assessment of institutional integrity;


l) repeated serious violation, during a year, of the status of the educational institution by a teacher (art. 301);


m) committing by the employee who fulfills educational functions an immoral act incompatible with the position held;


n) the application, even once, by a teacher of physical or mental violence against disciples (art. 301);


o) the signing by the head of the unit (branch, subdivision), by his deputies or by the chief accountant of an unfounded legal act that caused material damage to the unit;


p) serious breach, even once, of work obligations;


r) the presentation by the employee to the employer, at the conclusion of the individual employment contract, of some false documents (art. 57 par. (1)), fact confirmed in the established way;


s) concluding, regarding the employees who perform the work by cumulation, an individual employment contract with another person who will exercise the respective profession, specialty or position as a basic profession, specialty or function (art. 273);


(t) suspended)


u) transfer of the employee to another unit with the consent of the transferred person and both employers;


v) the refusal of the employee to continue the work in connection with the change of the owner of the unit or its reorganization, as well as the transfer of the unit under the subordination of another body;


x) the employee's refusal to be transferred to another job for health reasons, according to the medical certificate (art. 74 paragraph (2));


y) the refusal of the employee to be transferred to another locality in connection with the relocation of the unit to this locality (art. 74 par. (1)); as well as


y.1) holding by the employee the status of pensioner for old age;


z) for other reasons provided by this code and other legislative acts.


Note. The persons dismissed pursuant to letter y1) may be employed for a period determined according to art. 55 lit. f).


(2) It is not allowed to dismiss the employee during his stay on medical leave, on annual leave, on study leave, on maternity leave, on partially paid leave for child care until the age of 3, on unpaid additional leave for the care of the child aged from 3 to 4 years, during the fulfillment of the state or public obligations, as well as during the secondment, except for the cases of liquidation of the unit.

In force since 2022-08-26

Art.

86

???

???