LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2008-07-01, valid until before 2022-01-10

Art.

58

Form and beginning of the action of the individual employment contract

(1) The individual employment contract is concluded in written form. The individual employment contract concluded until the date of entry into force of this code may be completed in writing only with the agreement of the parties. The employer's proposal regarding the completion of the individual employment contract in written form is brought to the employee's notice, under signature, by the order (disposition, decision, resolution) of the employer. The employee's proposal regarding the completion of the individual employment contract in written form is brought to the notice of the employer by submitting and registering his written request. The reasoned refusal of one of the parties regarding the completion of the individual employment contract in written form shall be communicated to the other party through its written response within 5 working days.


(2) The individual employment contract shall take effect on the day of signing, unless the contract provides otherwise.


(3) If the individual employment contract has not been concluded in writing, it shall be considered to be concluded for an indefinite period and shall take effect from the day on which the employee was admitted to work by the employer or by a another person with a position of responsibility in the unit, empowered to hire staff. If the employee proves the fact of admission to work, the completion of the individual employment contract in written form will be performed by the employer later, obligatorily.


(4) In the case of employment without observing the corresponding written form, the employer is also obliged, based on the inspection report of the labor inspector, to complete the individual employment contract according to the provisions of this code.

In force since 2022-01-10

Art.

58

Form and commencement of action of the individual employment contract

(1) The individual employment contract shall be concluded in written form. The individual employment contract concluded before the date of entry into force of this Code may be concluded in written form only with the agreement of the parties. The employer's proposal to conclude the individual employment contract in written form shall be notified to the employee by the employer's order (disposition, decision, resolution), under signature or by another means that allows confirmation of receipt/notification. The employee's proposal to conclude the individual employment contract in written form shall be notified to the employer by submitting and registering his written request. The reasoned refusal of one of the parties to conclude the individual employment contract in written form shall be communicated to the other party by its written reply within 5 working days.


(2) The individual employment contract shall take effect from the day of signing, unless the contract provides otherwise.


(3) If the individual employment contract has not been concluded in written form, it shall be deemed to be concluded for an indefinite period and shall take effect from the day on which the employee is admitted to work by the employer or by another responsible person in the establishment who is authorized to employ staff. If the employee proves that he has been admitted to work, the individual employment contract in written form shall be drawn up by the employer at a later date.


(4) In the case of employment without the appropriate written form, the employer shall also be obliged, on the basis of the labour inspector's inspection report, to draw up the individual employment contract in accordance with the provisions of this Code.