LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2003-10-01, valid until before 2020-08-31

Art.

387

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In force since 2020-08-31

Art.

387

Guarantees for persons elected to the trade union bodies and not released from the basic employment

(1) Persons elected to the trade union bodies of all levels and not released from the basic job may not be disciplined and/or transferred to another job without prior consultation of the trade union bodies of which they are members.


(2) The leaders of the primary trade union organizations not released from the basic work place cannot be disciplined without prior consultation of the hierarchically superior trade union body.


(3) The participants in the trade union assemblies, seminars, conferences and congresses convened by the trade unions, in the trade union education are released from the basic workplace, during their duration, with the maintenance of the average salary.


(4) The members of the elective trade union bodies not released from the basic workplace are granted free time during the working hours in order to realize their rights and fulfill their trade union obligations, while maintaining the average salary. The concrete duration of the working time reserved for this activity is established in the collective labor contract.


(5) The termination of the individual labor contract concluded with the persons elected in the trade union bodies and with the leaders of the trade union bodies not released from the basic work place shall be admitted in compliance with the provisions of the present law.


(6) The fulfillment of the obligations and realization of their rights by the persons indicated in points (1) - (5) may not serve for the employer as a ground for dismissal or application of other sanctions that would affect their rights and interests arising from the work relations.