LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Inkraft seit 2016-09-09, gültig bis vor 2020-08-31

Artikel 183
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Inkraft seit 2020-08-31

Artikel 183
Preferential right to keep working in the case reducing the number or staffing

(1) In case of reduction of the number or staff, the preferential right to be left to work benefits the employees with a higher qualification and labor productivity.


(2) In case of an equal qualification and labor productivity, the preferential right to be left to work have:


a) employees with family obligations, who support two or more persons and / or a person with disabilities;


b) employees in whose family there are no other persons with independent income;


c) employees who have a longer seniority in the respective unit;


d) the employees who suffered in the respective unit a work accident or contracted an occupational disease;


e) employees who raise their qualification in higher education and technical professional institutions, without leaving the activity;


f) persons with disabilities as a result of the war and members of the families of soldiers who have fallen or disappeared without a trace;


g) participants in the actions for the defense of the territorial integrity and independence of the Republic of Moldova;


h) inventors;


i) persons who have fallen ill or have suffered from actinic disease and other diseases caused by radiation as a result of the Chernobyl accident;


j) persons with disabilities in respect of whom the causal relationship between the occurrence of the disability and the damage from the C.A.E. Chernobyl, the participants in the liquidation of the consequences of the damage from the C.A.E. Chernobyl in the alienation zone in 1986-1990;


k) employees who have more incentives for success at work and do not have disciplinary sanctions (art. 211);


l) employees who have at most 5 years left until the establishment of the old-age pension.


(3) In case some persons indicated in paragraph (2) correspond to several criteria provided in this paragraph, the preferential right to be left to work belongs to the persons who meet several criteria in comparison with the other persons. In case of equality of the number of criteria, the preferential right belongs to the person who has a longer seniority in the respective unit.