LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2022-08-26, valid until before 2022-09-01

Art.

86

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In force since 2022-09-01

Art.

86

Dismissal

(1) Dismissal - termination on the employer's initiative of an individual employment contract concluded for an indefinite term and a fixed-term individual employment contract - shall be allowed on the following grounds


a) unsatisfactory outcome of the employee's probationary period (Article 63 (2));


b) Liquidation of the enterprise or termination of the activity of the individual employer


c) a reduction in the number of employees or in the staff of the enterprise


d) a finding of inadequacy of the employee for the position held or work performed due to his/her health condition in accordance with a medical document (certificate/document etc.) issued by a competent medical authority (institution)


f) a repeated unsatisfactory achievement of the indicators of individual achievements during the year. The dismissal may only take place following a prior evaluation of the employee in accordance with the evaluation procedure specified in the collective agreement, the applicable collective bargaining agreement or, in their absence, in accordance with the enterprise's internal regulations, in compliance with the general provisions laid down in this Act, provided that the employer has instructed the employee and has issued a written warning and given the employee a reasonable period for correction


f) a change of the employer's owner (in the case of the head of an enterprise, his deputies and the chief accountant);


g) repeated violation of work duties during one year, if the employee has been previously disciplined


h) absence from work without a valid excuse for four consecutive hours (not including a meal break) during the working day;


i) Being at work under the influence of alcohol, drugs or other substances as defined under article 76 (k);


j) Commission of an offence or offence against the property of the undertaking, established by a court decision or by an act of the authority competent to impose penalties for offences;


k) commission of an offence by an employee who directly services funds or material assets or who has access to the employer's information systems (information collection and management systems) or to systems operated by the employer, if those actions might cause the employer to lose confidence in that employee


k.1) Violation of the duty stipulated in section 7(2)(a) of the Institutional Integrity Assessment Act No 325 of 23 December 2013;


l) repeated gross violation, within one year, of the statutes of an educational institution by an educational employee (Article 301);


m) Commitment of immoral misconduct incompatible with the position held by the employee performing educational functions;


n) Use of physical or mental violence (including on one occasion) by a teaching staff member against pupils (art. 301)


o) The signature by the head of an enterprise (branch or subdivision), his deputies or chief accountant of an unjustified legal act causing material damage to the enterprise


p) A gross violation, even a single one, of his or her employment duties


r) the submission of false documents by an employee to the employer when entering into an individual employment contract (paragraph (1) of Article 57, duly verified


s) with regard to part-time employees - conclusion of an individual employment contract with another person for whom this occupation, profession or position is the main one (art. 273);


t) (repealed)


u) transfer of an employee to another enterprise with the employee's consent and with the consent of both employers


v) the employee's refusal to continue working due to a change of ownership or reorganisation of the enterprise, or due to the transfer of the enterprise to another authority;


x) Refusal by an employee to be transferred to another job for health reasons on the basis of a medical certificate (Article 74 (2))


y) the employee's refusal to be transferred to another locality due to transfer to that locality by the enterprise (art. 74, para. (1)); as well as


y.1) the employee's status as an old-age pensioner


z) on other grounds stipulated by this Code and other laws.


Note. Persons dismissed under paragraph (y.1) may be employed for a fixed term in accordance with Article 55(f).


(2) An employee may not be dismissed while on sick leave, annual leave, study leave, maternity leave, paternity leave, partial paid leave for the care of a child up to the age of 3, additional unpaid leave for the care of a child between the ages of 3 and 4, leave for the care of a sick family member, leave for the care of a disabled child, during the period of fulfilment of state or public service obligations and during secondment, except in the event of the liquidation of the establishment.