LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2006-06-02, valid until before 2012-02-03

Art.

228

Guarantees for the realization of the employees' right to a job that corresponds to the labor protection norms

(1) The state guarantees to the employees the defense of their right to a work that corresponds to the norms of labor protection.


(2) The working conditions stipulated in the individual employment contract must correspond to the norms of labor protection.


(3) During the cessation of the work activity provided by the individual employment contract by the state control bodies, as a result of the violation of the labor protection requirements without the employee's fault, his job (position) and average salary are maintained.


(4) If the employee refuses to perform work in the event of a danger to his life or health, the employer is obliged to grant the employee, by transfer or exchange, until the danger is removed, while maintaining the salary at the previous job.


(5) In case the granting of another work is not possible, the time of the employee's stay until the elimination of the danger for his life or health shall be paid by the employer in accordance with art. 163 paragraph (1).


(6) In case of failure to insure the employee, according to the established norms, with individual and collective protection equipment, the employer does not have the right to ask the employee to perform work obligations and is obliged to pay parking for this reason in accordance with par. (5).


(7) The employee's refusal to perform work in case of danger to his life or health due to non-compliance with labor protection requirements or to perform work in difficult, harmful and / or dangerous conditions that are not provided in the individual contract does not attract disciplinary liability.


(8) In case of injury to the employee's health in the exercise of work obligations, the compensation of the damage shall be carried out in accordance with the legislation in force.


(9) In order to prevent and eliminate violations of normative acts on occupational safety and health, public authorities shall ensure the organization and conduct of state supervision and control over compliance with normative acts on occupational safety and hygiene and establish the liability of the employer and persons responsible for their violation.

In force since 2012-02-03

Art.

228

Repealed

(Repealed)