LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2020-08-31, valid until before 2022-01-10

Art.

89

Restoration at work

(1) The employee illegally transferred to another job or illegally dismissed from work may be reinstated at work by direct negotiations with the employer, and in case of litigation - by court decision.


(2) When examining the individual labor dispute by the court, the employer is obliged to prove the legality and to indicate the grounds for the transfer or dismissal of the employee. In case the union member challenges the dismissal order, the court will request the consultative opinion of the union body (organizer) regarding the dismissal of the respective employee.


(3) Immediately after the court decision on the reinstatement of the employee at work, the employer is obliged to issue a reinstatement order, which he notifies the employee, under signature, within 3 working days from the date of issuance.

In force since 2022-01-10

Art.

89

Return to work

(1) An employee wrongfully transferred to another job or wrongfully dismissed from work may be reinstated by direct negotiations with the employer, and in case of dispute - by court decision.


(2) When examining the individual labour dispute by the court, the employer shall be obliged to prove the legality and indicate the grounds for the employee's transfer or release from work. In case the employee who is a trade union member challenges the dismissal order, the court shall request the advisory opinion of the trade union body (organiser) on the dismissal of the employee concerned.


(3) Immediately after the court's decision on the employee's reinstatement, the employer is obliged to issue a reinstatement order, which he shall notify to the employee, under signature or by other means allowing confirmation of receipt/notice, within 3 working days from the date of issue.