LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2020-08-31, valid until before 2022-08-26

Art.

55

Fixed-term individual employment contract

(1) The individual employment contract may be concluded for a determined duration, according to art. 54 paragraph (2), in the following cases:


a) for the period of fulfilling the work obligations of the employee whose individual employment contract is suspended (except for the cases of his being on strike), or for the period when he is on one of the holidays provided in art. 112, 120, 123, 124, 126, 178, 299 and 300 times for the period in which he is absent for other reasons;


b) for the period of carrying out temporary works with a duration of up to 2 months;


b.1) for the period of carrying out seasonal works which, by virtue of the climatic conditions, can be carried out only in a certain period of the year;


c) with persons seconded to work abroad of the Republic of Moldova;


c.1) with foreign citizens who are employed in the territory of the Republic of Moldova;


d) for the period of internship and professional training of the employee at another unit;


e) with persons who study at educational institutions for full-time courses;


f) with persons retired, according to the legislation in force, due to age or seniority in work (or who have obtained the right to a pension due to age or seniority) and are not employed - for a period of up to 2 years, which, upon expiration, may be extended by the parties under the conditions of art. 54 paragraph (2) and of art. 68 paragraph (1) and paragraph (2) letter a);


g) with the scientific collaborators from the research-development institutions, with the teachers and the rectors of the higher education institutions, as well as with the heads of the preschool, primary, secondary general, special complementary, artistic, sports, professional secondary, specialized environment, based on the results of the competition conducted in accordance with the legislation in force;


h) at the election, for a determined period of the employees, in elective positions in the central and local public authorities, as well as in the trade union and employer bodies, of other non-commercial organizations and of the commercial companies;


i) with the heads of the units, their deputies and the chief accountants of the units;


k) for the period of accomplishing a certain work;


k.1) for the period of implementation of an investment project or of a technical and financial assistance program;


k.2) for carrying out works related to the increase of the volume of production or services provided, whose temporary character (up to one year) can be argued by the employer;


k.3) with the persons who are employed at the units created for a determined period;


l) with creative workers in art and culture;


m) with the employees of the religious associations; as well as


n) in other cases provided by the legislation in force.


(2) In the cases listed in par. (1) lit. e), g), i), l) and m), the conclusion of an individual fixed-term employment contract or the extension, for a definite duration, of an existing contract is allowed only when the establishment of a permanent employment relationship is not possible from objective reasons (such as the availability of people who study at the day section only during the holidays, the existence of organic laws that allow or prescribe the employment of certain fixed-term employees, etc.). The respective reasons, along with the legal grounds for limiting the duration of the employment relationship, are to be indicated in the contract or in the supplementary agreement to it.

In force since 2022-08-26

Art.

55

Fixed-term individual employment contract

(1) The individual employment contract can be concluded for a fixed period, according to art. 54 paragraph (2), in the following cases:


a) for the period of fulfilling the work obligations of the employee whose individual employment contract is suspended (with the exception of cases where he is on strike), or for the period in which he is on one of the leaves provided for in art. 112, 120, 123, 124, 126, 178, 299 and 300 times for the period in which he is absent for other reasons;


b) for the period of performance of temporary works with a duration of up to 2 months;


b.1) for the period of performance of seasonal works which, by virtue of the climatic conditions, can only be carried out during a certain period of the year;


c) with persons seconded to work abroad of the Republic of Moldova;


c.1) with foreign citizens who work in the territory of the Republic of Moldova, with the exception of foreigners with the right of permanent or temporary residence for family reunification;


d) for the period of the employee's internship and professional training at another unit;


e) with people who study at educational institutions in day courses;


f) with retired persons, according to the legislation in force, due to age limit or length of service (or who obtained the right to pension due to age limit or length of service) and are not employed in the field of work - for a period of up to 2 years, which, upon expiry, can be extended by the parties under the conditions of art. 54 paragraph (2) and art. 68 paragraph (1) and paragraph (2) letter a);


g) with scientific collaborators from research and development institutions, with teaching staff and rectors of higher education institutions, as well as with leaders of preschool, primary, general secondary, special complementary, artistic, sports, professional secondary, specialized environment educational institutions, based on the results of the contest held in accordance with the legislation in force;


h) at the election, for a determined period, of employees in elective positions in central and local public authorities, as well as in trade union bodies, employers, other non-commercial organizations and commercial companies;


i) with the heads of the units, their deputies and the chief accountants of the units;


j) (repealed)


k) for the period of performance of a certain work;


k.1) for the period of implementation of an investment project or a technical and financial assistance program;


k.2) for carrying out works related to increasing the volume of production or services provided, the temporary character of which (up to one year) can be argued by the employer;


k.3) with the persons who work at the units created for a determined period;


l) with creative workers in art and culture;


m) with employees of religious associations; as well as


n) in other cases provided by the legislation in force.


(2) In the cases listed in para. (1) lit. e), g), i), l) and m), the conclusion of an individual fixed-term employment contract or the fixed-term extension of an existing contract is allowed only when establishing a permanent employment relationship is not possible from objective reasons (such as the availability of people who do their studies at the day department only during the holidays, the existence of organic laws that allow or prescribe the employment of certain employees for a fixed period, etc.). The respective reasons, along with the legal grounds for limiting the duration of the employment relationship, are to be indicated in the contract or in the additional agreement to it.


(3) Between the same parties, no more than 3 individual employment contracts can be concluded successively, for a determined duration, except for the cases provided for in para. (1) lit. a), b), c.1) and h), which cumulatively will not exceed 60 months.


(4) Individual employment contracts with a determined duration will be considered to be concluded successively if there is a time interval of less than 3 months between them.