LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2019-01-01, valid until before 2022-08-26

Art.

85

Resignation

(1) The employee has the right to resign - termination of the individual employment contract, except for the provision of paragraph (4.1), on his own initiative, notifying the employer, by written request, 14 calendar days in advance. The expiry of the said period shall begin on the day immediately following the day on which the application was registered.


(2) In case of resignation of the employee in connection with retirement, with the establishment of the degree of disability, with the leave for childcare, with the enrollment in an educational institution, with the transfer to another locality, with the care of the child until the age of 14 years or the child with disabilities, with the election in an elective position, with the employment by competition in another unit, with the violation by the employer of the individual and / or collective employment contract, of the labor legislation in force, the employer is obliged to accepts the resignation within the short term indicated in the submitted and registered application, to which the respective document confirming this right is attached.


(3) After the expiration of the terms indicated in paragraphs (1), (2) and (4.1), the employee has the right to stop working, and the employer is obliged to make full payment of the salary rights due to the employee and to release them documents of his activity in the unit.


(3.1) The individual employment contract may be terminated, with the written agreement of the parties, before the expiration of the terms indicated in paragraphs (1), (2) and (4.1).


(4) For 7 calendar days from the date of submission of the resignation request, the employee has the right to withdraw his application or to submit a new application, by which to cancel the first one. In this case, the employer is entitled to release the employee only if, until the withdrawal (cancellation) of the submitted application, an individual employment contract has been concluded with another employee under the conditions of this code.


(4.1) The head of the unit (branch or representative office), his deputies and the chief accountant are entitled to resign, notifying the employer, by written request, one month in advance.


(5) If, after the expiration of the terms indicated in paragraphs (1), (2) and (4.1), the employee has not in fact been dismissed and he continues his work activity without reaffirming in writing his desire to terminates the individual employment contract, its release is not allowed.

In force since 2022-08-26

Art.

85

Resignation

(1) The employee has the right to resign - termination of the individual employment contract, except for the provision of paragraph (4.1), on his own initiative, notifying the employer, by written request, 14 calendar days in advance. The expiry of the said period shall begin on the day immediately following the day on which the application was registered.


(2) In case of resignation of the employee in connection with retirement, with the establishment of the degree of disability, with the leave for childcare, with the enrollment in an educational institution, with the transfer to another locality, with the care of the child until the age of 14 years or the child with disabilities, with the election in an elective position, with the employment by competition in another unit, with the violation by the employer of the individual and / or collective employment contract, of the labor legislation in force, the employer is obliged to accepts the resignation within the short term indicated in the submitted and registered application, to which the respective document confirming this right is attached.


(3)After the expiration of the terms indicated in paragraphs (1), (2) and (4.1), the employee has the right to stop working, and the employer is obliged to make full payment of the salary rights due to the employee within the terms provided for in art. 143 and to release the documents related to his activity in the unit.


(3.1) The individual employment contract may be terminated, with the written agreement of the parties, before the expiration of the terms indicated in paragraphs (1), (2) and (4.1).


(4) For 7 calendar days from the date of submission of the resignation request, the employee has the right to withdraw his application or to submit a new application, by which to cancel the first one. In this case, the employer is entitled to release the employee only if, until the withdrawal (cancellation) of the submitted application, an individual employment contract has been concluded with another employee under the conditions of this code.


(4.1) The head of the unit (branch or representative office), his deputies and the chief accountant are entitled to resign, notifying the employer, by written request, one month in advance.


(5) If, after the expiration of the terms indicated in paragraphs (1), (2) and (4.1), the employee has not in fact been dismissed and he continues his work activity without reaffirming in writing his desire to terminates the individual employment contract, its release is not allowed.