LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2003-10-01

Art.

363

Organization of the strike at unit level

(1) Before starting the strike in the unit, the observance of the conciliation procedure (art. 359) is obligatory.


(2) The employees' representatives express the interests of the striking employees in the relations with the employer, the employers' associations, the central and local public authorities, as well as in the courts, in the case of civil and criminal proceedings.


(3) The striking employees, together with the employer, have the obligation, during the strike, to protect the goods of the unit and to ensure the continuous operation of the equipment and installations whose stopping could endanger the life and health of people or cause damage irrecoverable to the unit.


(4) Participation in the strike is free. No one can be forced to go on strike.


(5) If the technological, safety and hygiene conditions of the work allow it, the employees who do not participate in the strike can continue their activity at their workplace.


(6) During the strike, the employer cannot be prevented from carrying out his activity by the striking employees.


(7) The employer may not hire persons to replace the striking employees.


(8) Participation in the strike or its organization in compliance with the provisions of this law does not constitute a violation of work obligations and may not have negative consequences for striking employees.


(9) During the strike, the employees maintain all the rights deriving from the individual and the collective labor contract, from the collective agreements, as well as from the present law, except for the salary rights.


(10) The remuneration of the employees work who do not participate in the strike and are stationed on the reason of its development shall be carried out according to the provisions of art. 80.