LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2018-06-22, valid until before 2022-01-10

Art.

88

Dismissal procedure in case of liquidation of the unit, reducing the number or staffing

(1) The employer is entitled to dismiss the employees of the unit in connection with its liquidation or in connection with the reduction of the number or staff (art. 86 para. (1) letters b) and c)) only on condition that :


a) will issue an order (disposition, decision, decision), motivated from a legal or economic point of view, regarding the liquidation of the unit or the reduction of the number or staff;


b) will issue an order (disposition, decision, decision) regarding the prior notice, under signature, of the employees 2 months before the liquidation of the unit or the reduction of the number or of the staff lists. In the event of a reduction in the number or number of staff, only persons whose jobs are to be reduced will be notified;


c) together with the notice in connection with the reduction of the number or number of staff, will propose in writing to the notified employee another job (position) within the respective unit (provided that such job (position) exists at the unit , and the notified employee meets the necessary requirements for his replacement);


d) will reduce, first of all, the vacancies;


e) will terminate the individual employment contract first of all with the employees employed by cumulation;


f) will grant to the employee to be dismissed one working day per week with the maintenance of the average salary for looking for another job;


g) will present, in the established way, 2 months before dismissal, to the employment agency the information regarding the persons to be dismissed;


h) it will be addressed to the trade union body (organizer) in order to obtain the consultative opinion regarding the dismissal of the respective employee;


i) - repealed.


(2) If, after the expiration of the 2-month notice period, the order (disposition, decision, decision) of dismissal of the employee has not been issued, this procedure may not be repeated within the same calendar year. The notice period does not include the period of the employee being on annual leave, study leave and medical leave.


(3) The reduced job cannot be restored in the states of the unit during the calendar year in which the dismissal of the employee who occupied it took place.


(4) In case of liquidation of the unit, the employer is obliged to observe the dismissal procedure provided in paragraph (1) let. a), b), f), g) and i).

In force since 2022-01-10

Art.

88

Dismissal procedure in the event of liquidation of the establishment, reduction in the number of staff or reduction in the number of staff

1) The employer is entitled to dismiss employees from the establishment in connection with its liquidation or in connection with a reduction in the number or status of staff (Article 86 (1) (b) and (c)) only on condition that:


a) it shall issue an order (provision, decision, ruling), legally or economically motivated, concerning the liquidation of the establishment or the reduction of the number or the staff;


b) issues an order (provision, decision, decision) concerning the notice, under signature or by another means allowing confirmation of receipt/notification of each employee concerned, of the employees 2 months before the liquidation of the establishment or the reduction in the number or the staffing levels. In the event of a reduction in numbers or staffing levels, only those whose jobs are to be reduced will be notified;


c) once notice of the reduction in the number or status of staff has been given, offer in writing to the employee on notice another job (position) in the establishment concerned (provided that such a job (position) exists in the establishment and the employee on notice meets the necessary requirements to fill it);


d) shall, in the first instance, reduce the vacancies;


e) will terminate the individual employment contract in the first instance with employees employed on a cumulative basis;


f) grant the employee to be dismissed one working day per week with the maintenance of the average wage to look for another job;


g) will submit, in the prescribed manner, 2 months before the dismissal, the information on the persons to be dismissed to the employment agency;


h) shall apply to the trade union body (organiser) for an advisory opinion on the dismissal of the employee concerned;


i) (repealed)


(2) If, after the expiry of the 2-month notice period, the order (order, decision, decision) to dismiss the employee has not been issued, this procedure may not be repeated within the same calendar year. The period of notice does not include the period during which the employee is on annual leave, study leave or sick leave.   


(3) The reduced job may not be reinstated in the states of the establishment during the calendar year in which the dismissal of the employee who occupied it took place.


(4) In case of liquidation of the establishment, the employer shall be obliged to comply with the dismissal procedure provided for in paragraph (1) (a), (b), (f), (g) and (i).