LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Inkraft seit 2018-06-22, gültig bis vor 2022-01-10

Artikel 185 .1
Guarantees in case of collective redundancies

(1) Collective redundancies are redundancies made by the employer for one or more reasons not attributable to the employee, if, within a period of 30 days, the number of redundancies constitutes:


a) at least 10 in the units in which between 20 and 99 employees are employed;


b) at least 10% of the number of employees in the units in which between 100 and 299 employees are employed;


c) at least 30 in the units in which 300 and more employees are employed.


(2) When establishing the effective number of employees dismissed collectively, according to par. (1), shall be taken into account those employees whose individual employment contracts have been terminated at the initiative of the employer for one or more reasons not attributable to the employee (provided in art. 86 paragraph (1) letter z)), provided the existence of at least 5 redundancies.


(3) If measures involving collective redundancies are envisaged at the unit, at least 3 months in advance (including the notice period provided for in paragraph (7)), the employer is obliged to notify the employees of the unit and employment agency and to initiate consultations with employees' representatives with a view to concluding an agreement.


(4) In order to allow employees' representatives to make constructive proposals, at least 5 working days before the start of the consultations, the employer is obliged to provide them, in writing, with all available useful information on:


a) the reasons for the expected dismissals;


b) the number and categories of employees that will be dismissed;


c) the number and categories of employees employed at the unit;


d) the period in which the dismissals will take place;


e) the criteria for selecting the employees to be dismissed, provided by law, by collective agreements or collective labor agreements;


f) the method of calculating any severance pay, provided for in the collective labor agreement or in the normative acts at unit level, except for those provided by the legislation in force.


(5) The consultations shall last until the conclusion of an agreement, but in any case not more than 30 calendar days from the moment of informing the employees' representatives about the expected collective dismissals.


(6) If no agreement is reached and the unilateral decision of the employer is to continue the collective redundancy process, this decision shall be communicated by notification to the employees' representatives and the employment agency. The notification of the employment agency shall contain at least the elements provided in par. (4) lit. a) –e), as well as any useful information regarding the planned dismissals and consultations with the employees' representatives. The notification obligation applies to each dismissal envisaged in collective redundancies.


(7) The notification, under signature, of the employees regarding the collective dismissals is made 2 months before the dismissal, respecting the dismissal procedures established in art. 88.


(8) The Employment Agency shall use the period preceding the redundancies to seek solutions to the problems raised by them and to provide, together with the employer and the employees' representatives, assistance in the employment of the workers to be dismissed, presenting employment and retraining opportunities.

Inkraft seit 2022-01-10

Artikel 185 .1
Guarantees in case of collective redundancies

1) Collective dismissals are dismissals made by the employer for one or more reasons not attributable to the employee, if, within a period of 30 days, the number of dismissals constitutes:


a) at least 10 in establishments employing between 20 and 99 employees;


b) at least 10% of the number of employees in establishments employing between 100 and 299 employees;


c) at least 30 in establishments employing 300 or more employees.


(2) In determining the actual number of employees collectively dismissed in accordance with paragraph (1), the number of employees shall be (1), the number of employees whose individual employment contracts have been terminated at the initiative of the employer for one or more reasons not attributable to the employee (referred to in Article 86 (1)) shall also be taken into account. (1) (z)), provided that there are at least 5 redundancies.


(3) If measures involving collective redundancies are envisaged in the establishment, at least 3 months in advance (including the notice period referred to in para. (7)), the employer is obliged to notify the employees' representatives in the establishment and the employment agency and to initiate consultations with the employees' representatives with a view to reaching an agreement.


(4) In order to enable the employees' representatives to make constructive proposals, at least 5 working days before the consultations begin, the employer is obliged to provide them, in writing, with all available useful information on:   


a) the reasons for the planned redundancies;


b) the number and categories of employees to be made redundant;


c) the number and categories of employees employed at the establishment;


d) the period during which the redundancies will take place;


e) the criteria for selecting the employees to be made redundant, laid down by law, collective agreements or collective labour agreements;


f) the method of calculating any severance payments provided for in the collective agreement or in the regulations at unit level, except those provided for by the legislation in force.


(5) Consultations shall last until an agreement is reached, but in any case no longer than 30 calendar days from the time when the employees' representatives are informed of the envisaged collective redundancies.


(6) If no agreement is reached and the employer's unilateral decision is to continue the collective dismissal process, this decision shall be communicated by notification to the employees' representatives and the employment agency. The notification to the employment agency shall contain at least the elements set out in paragraph 1. (4)(a) to (e), as well as any relevant information on the planned redundancies and the consultations with the employees' representatives. The notification requirement shall cover each redundancy envisaged in collective redundancies.


(7) Notification, under signature or by another means that allows confirmation of receipt/notification, of employees of collective redundancies shall be made 2 months prior to the redundancy, in accordance with the redundancy procedures laid down in Article 88.


(8) The Employment Agency shall use the period prior to dismissals to seek solutions to the problems raised by the dismissals and to provide, together with the employer and the employees' representatives, assistance in the employment of the employees to be dismissed, presenting them with employment and retraining opportunities.