LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2017-08-18, valid until before 2022-08-26

Art.

49

Content of the individual employment contract

(1) The content of the individual employment contract is determined by agreement of the parties, taking into account the provisions of the legislation in force, and includes:


a) the name and surname of the employee;


b) the identification data of the employer;


c) duration of the contract;


d) the date from which the contract is to take effect;


d1) specialty, profession, qualification, position;


e) the attributions of the position;


f) the risks specific to the function;


f.1) the name of the work to be performed (in the case of the individual employment contract for the period of performance of a certain work - art. 312– 316);


g) the rights and obligations of the employee;


h) the rights and obligations of the employer;


i) the conditions of remuneration of the work, including the salary of the position or the tariff one, the supplements, the prizes and the material aids (in case they are part of the salary system of the unit), as well as the periodicity of the payments;


j) compensations and allowances, including for work performed in difficult, harmful and / or dangerous conditions;


k) the workplace. If the job is not fixed, it is mentioned that the employee may have different jobs and the legal address of the unit or, as the case may be, the employer's domicile is indicated;


l) the work and rest regime, including the duration of the employee's working day and week;


m) probationary period, as the case may be;


n) the duration of the annual rest leave and the conditions for granting it;


o) (repealed)


p) social insurance conditions;


r) medical insurance conditions;


s) the specific clauses (art. 51), as the case may be.


(2) The individual employment contract may also contain other provisions that do not contravene the legislation in force.


(3) It is forbidden to establish for the employee, through the individual employment contract, conditions below the level provided by the normative acts in force, by the collective agreements and by the collective labor contract.


(4) (Repealed)


(5) (Repealed)

In force since 2022-08-26

Art.

49

Content of the individual employment contract

(1) The content of the individual employment contract is determined by agreement between the parties, taking into account the provisions of the legislation in force, and includes:


a) the name and surname of the employee;


b) the identification data of the employer;


c) the duration of the contract;


d) the date from which the contract is to take effect;


d.1) speciality, profession, qualification, position;


e) the duties of the post;


f) the risks specific to the post;


f.1) the name of the work to be performed (in the case of an individual employment contract for the period of performance of a specific work - Art. 312-316);


g) the rights and obligations of the employee;


h) the rights and obligations of the employer;


i) the conditions of remuneration of the work, including the salary of the position or the tariff one, the supplements, the prizes and the material aids (in case they are part of the salary system of the unit), as well as the periodicity of the payments;


j) compensations and allowances, including for work performed in difficult, harmful and / or dangerous conditions;


k) the workplace. If the job is not fixed, it is mentioned that the employee may have different jobs and the legal address of the unit or, as the case may be, the employer's domicile is indicated;


l) the work and rest regime, including the duration of the employee's working day and week;


m) probationary period, as the case may be;


n) the duration of the annual rest leave and the conditions for granting it;


o) (repealed)


p) social insurance conditions;


r) medical insurance conditions;


s) the specific clauses (art. 51), as the case may be.


(2) The individual employment contract may also contain other provisions tha do not contravene the legislation in force.


(3) It is forbidden to lay down conditions for the employee in the individual employment contract that are lower than those laid down in the regulations in force, in collective agreements and in the collective employment contract.


(4) (Repealed)


(5) (Repealed)