LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Inkraft seit 2017-10-20, gültig bis vor 2020-08-31

Artikel 186
???

???

Inkraft seit 2020-08-31

Artikel 186
Dismissal allowance

(1) To the dismissed employees in connection with the liquidation of the unit or with the cessation of the activity of the natural person employer (art. 1) letter c)) are guaranteed:


a) for the first month, the payment of a severance pay equal to the sum of an average weekly salary for each full year worked at the unit in question, but not more than six average monthly salaries and not less than an average monthly salary . If the unit was the legal successor of a previously reorganized unit and the individual employment contract with the employees in question has not previously ended (art. 81), all years of activity will be taken into account. If the employee who is dismissed has worked in the unit with an individual employment contract for several periods of time, the years worked since the conclusion of the last individual employment contract will be taken into account;


b) for the second month, the payment of a severance pay equal to the amount of the average monthly salary if the dismissed person has not been placed in employment;


c) for the third month, the payment of a severance pay equal to the amount of the average monthly salary, if the dismissed person has not been placed in employment;


d) upon the liquidation of the unit, by the written agreement of the parties, the full payment of the amounts related to the dismissal of the employee for all 3 months, on the date of dismissal.


Note.


In case of placement of the dismissed person during the months indicated in letters b) and c), the indemnity will be paid for the period until the date of his employment.


(2) The severance pay in the amount of an average salary for 2 weeks shall be paid to the employees upon termination of the individual employment contract in connection with:


a) finding that the employee does not correspond to the position held or the work performed due to health, in accordance with the respective medical certificate, or as a result of insufficient qualification confirmed by the decision of the attestation commission (art. 86 para. (1) letter d ) and it is));


b) re-establishment at the workplace, according to the court decision, of the employee who previously performed the respective work (art. 82 letter j1));


c) the employee's refusal to be transferred to another locality in connection with the transfer of the unit in this locality (art. 86 para. (1) letter y)).


(3) Employees whose individual employment contract has been suspended in connection with the incorporation


in the term military service, in the short-term military service or in the civil service (art. 76 letter e)) or who have resigned in connection with the violation by the employer of the individual or collective labor contract (art.85 para (2)) benefit from the indemnity provided in paragraph (2).


(4) The payment of the dismissal allowance shall be made at the previous place of work.


(5) The collective or individual employment contract may also provide for other cases of payment of the severance pay, increased amounts thereof, as well as longer deadlines for payment of the allowance.