LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2016-04-22, valid until before 2017-10-20

Art.

82

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In force since 2017-10-20

Art.

82

Termination of the individual employment contract in circumstances that do not depend on the will of the parties

The individual employment contract terminates in circumstances that do not depend on the will of the parties in case of:


a) death of the employee, declaration of his death or disappearance without trace by a decision of the court;


b) death of the natural person employer, declaration of his death or disappearance without trace by a decision of the court;


c) finding of the nullity of the contract by decision of the court - from the date of finality of the respective decision, except for the cases provided in art. 84 paragraph (3);


d) withdrawal, by the competent authorities, of the authorization (license) of activity of the unit - from the date of its withdrawal;


d.1) withdrawal, by the competent authorities, of the authorization (license), the permit, which grants the employee the right to work in a certain profession, trade or to perform a certain work - from the date of withdrawal of the respective act;


e) application of the criminal punishment to the employee, by decision of the court, which excludes the possibility to continue working at the unit - from the date of finality of the court decision;


f) expiration of the term of the individual fixed-term employment contract - from the date provided in the contract, unless the employment relationship continues in fact and neither party has requested their termination, as well as the case provided in art. 83 para. (3);


g) completion of the work provided by the individual employment contract concluded for the period of fulfillment of a certain work;


h) end of the season, in case of the individual employment contract for the fulfillment of the seasonal works;


i) reaching the age of 65 by the head of the state unit, including municipal, or of the unit with majority state capital;


j) force majeure, confirmed in the established manner, which excludes the possibility of continuing employment relationships;


j.1) re-establishment at the workplace, according to the decision of the court, of the person who previously performed the respective work, if the transfer of the employee to another work according to the present code is not possible;


k) other grounds provided in art. 305 and 310.


Note.


Persons released from service pursuant to letter i) may be employed for a determined period according to art. 55 lit. f), in any position, other than that of head of state unit, including municipal, or of unit with majority state capital.