LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2006-06-02, valid until before 2022-08-26

Art.

90

The employer 's liability for his transfer illegitimate dismissal

(1) In case of reinstatement at work of the employee illegally transferred or dismissed, the employer is obliged to repair the damage caused to him.


(2) The reparation by the employer of the damage caused to the employee consists in:


a) the obligatory payment of a compensation for the entire period of forced absence from work in an amount not less than the average salary of the employee for this period;


b) compensation of additional expenses related to contesting the transfer or dismissal from the service (consultation of specialists, court costs, etc.);


c) compensation of the moral damage caused to the employee.


(3) The amount of reparation of the moral damage shall be determined by the court, taking into account the appreciation given to the actions of the employer, but may not be less than an average monthly salary of the employee.


(4) Instead of reinstating at work, the parties may conclude a conciliation transaction, and in case of litigation - the court may collect from the employer, with the consent of the employee, for his benefit, an additional compensation to the amounts indicated in para. (2) in the amount of at least 3 average monthly salaries of the employee.

In force since 2022-08-26

Art.

90

The employer 's liability for his transfer illegitimate dismissal

(1) In case of reinstatement at work of the employee illegally transferred or dismissed, the employer is obliged to repair the damage caused to him.


(2) The reparation by the employer of the damage caused to the employee consists in:


a) compulsory payment of compensation for the entire period of enforced absence from work in an amount not exceeding 12 average monthly salaries of the employee in the event of transfer or unlawful dismissal;


b) compensation of additional expenses related to contesting the transfer or dismissal from the service (consultation of specialists, court costs, etc.);


c) compensation of the moral damage caused to the employee.


(3) The amount of reparation of the moral damage shall be determined by the court, taking into account the appreciation given to the actions of the employer, but may not be less than an average monthly salary of the employee.


(4) Instead of reinstating at work, the parties may conclude a conciliation transaction, and in case of litigation - the court may collect from the employer, with the consent of the employee, for his benefit, an additional compensation to the amounts indicated in para. (2) in the amount of at least 3 average monthly salaries of the employee.