LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2003-10-01

Art.

388

Guarantees for persons elected to the trade union bodies and released from the basic employment

(1) Employees whose individual employment contract is suspended in connection with their election to the elective positions in trade union bodies, after the expiration of their term of office shall be granted the previous job, and in its absence - another equivalent job (position) or, with the consent of the employee, to another unit.


(2) If the granting of a previously employed job or an equivalent job is impossible due to the liquidation of the unit, its reorganization, the reduction of the number  or staffing, the respective employer shall pay to the persons indicated in paragraph (1) a severance pay equal to 6 average monthly salaries.


(3) The employees whose individual employment contracts have been suspended in connection with their election in the trade union bodies of the unit benefit from the same rights and facilities as the other employees of the respective unit.


(4) The dismissal of the employees who have been elected in the trade union bodies, regardless of whether or not they have been released from the basic job, is not allowed for 2 years after the expiration of the mandate, except in cases of of the unit liquidation or committing culpable actions by the respective employees, for which the legislation in force provides the possibility of dismissal. In such cases, the dismissal is based on general grounds.


(5) In the collective labor agreements and in the collective conventions may be provided other guarantees for the persons indicated in paragraphs (1), (3) and (4).