LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2008-07-01, valid until before 2022-01-10

Art.

210

Application of the disciplinary sanction

(1) The disciplinary sanction is applied by order (disposition, decision, decision), in which it is obligatorily indicated:


a) the factual and legal grounds for applying the sanction;


b) the term in which the sanction can be challenged;


c) the body in which the sanction can be challenged.


(2) The sanctioning order (disposition, decision, decision), except for the disciplinary sanction in the form of dismissal according to art.206 paragraph (1) letter d) which is applied in compliance with art.81 paragraph (3), shall be communicates to the employee, under signature, within maximum 5 working days from the date of issue, and if it operates in an internal subdivision of the unit (branch, representative office, decentralized service, etc.) located in another locality - within for a maximum of 15 working days and takes effect from the date of communication. The employee's refusal to confirm by signature the communication of the order is fixed in a report signed by a representative of the employer and a representative of the employees.


(3) The sanctioning order (disposition, decision, decision) may be challenged by the employee in court under the conditions of art. 355.

In force since 2022-01-10

Art.

210

Application of the disciplinary sanction

(1) The disciplinary sanction shall be applied by means of an order (provision, decision, ruling), which shall state the mandatory nature of the sanction:   


a) the factual and legal grounds for the application of the sanction;


b) the time limit within which the sanction may be appealed;


c) the body to which the penalty may be appealed.


(2) The order (disposal, decision, solution) imposing the sanction, with the exception of the disciplinary sanction in the form of dismissal under Article 206(1)(d), which shall be applied in accordance with Article 81 paragraph (3), shall be communicated to the employee, under signature or by another means allowing confirmation of receipt/notification, within 5 working days at the latest from the date of issue, and if the employee works in an internal subdivision of the unit (branch, representative office, deconcentrated service, etc.) located in another locality - within 15 working days at the latest and shall take effect from the date of communication. The employee's refusal to confirm by signature the communication of the order shall be recorded in a record signed by a representative of the employer and a representative of the employees.


(3) The order (disposal, decision, solution) of sanctioning may be challenged by the employee in court under the conditions of Article 355.