LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2017-08-04, valid until before 2022-08-26

Art.

76

Suspension of the individual employment contract in circumstances that do not depend on the will of the parties

The individual employment contract is suspended in circumstances that do not depend on the will of the parties in case of:


a) maternity leave;


b) illness or trauma;


c) (Excluded)


d) quarantine;


e) incorporation into the military service in term, in the military service with reduced term or in the civil service;


f) force majeure, confirmed in the established manner, which does not require the termination of employment;


g) sending to the court the criminal file regarding the commission by the employee of a crime incompatible with the work performed, until the finality of the court decision;


h) omission, due to the employee's fault, of the term for passing the medical control;


i) detection, according to the medical certificate, of the contraindications that do not allow the fulfillment of the work specified in the individual employment contract;


j) request of the control or law enforcement bodies, according to the legislation in force;


k) presentation at work in a state of alcohol intoxication, in a state caused by narcotic or toxic substances, ascertained by the certificate issued by the competent medical institution or by the act of the commission composed of an equal number of representatives of the employer and employees;


l) on strike, declared according to this code;


m) establishing for a determined term the degree of disability as a result of a work accident or an occupational disease; as well as


n) in other cases provided by the legislation in force.

In force since 2022-08-26

Art.

76

Suspension of the individual employment contract in circumstances that do not depend on the will of the parties

The individual employment contract is suspended in circumstances that do not depend on the will of the parties in case of:


a) maternity leave;


b) illness or trauma;


c) (Excluded)


d) establishment of quarantine, based on the sick leave certificate issued to the employee in accordance with the legislation;


e) incorporation into the military service in term, in the military service with reduced term or in the civil service;


f) force majeure, confirmed in the established manner, which does not require the termination of employment;


g) sending to the court the criminal file regarding the commission by the employee of a crime incompatible with the work performed, until the finality of the court decision;


h) omission, due to the employee's fault, of the term for passing the medical control;


i) detection, according to the medical document (certificate/document/act, etc.) issued by the competent medical authority (institution), of contraindications which do not allow the performance of the work specified in the individual employment contract;


j) request of the control or law enforcement bodies, according to the legislation in force;


k) presentation at work in a state of alcohol intoxication, in a state caused by narcotic or toxic substances, ascertained by the certificate issued by the competent medical institution or by the act of the commission composed of an equal number of representatives of the employer and employees;


l) on strike, declared according to this code;


m) establishing for a determined term the degree of disability as a result of a work accident or an occupational disease; as well as


n) in other cases provided by the legislation in force.