LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2016-04-22, valid until before 2022-08-26

Art.

55 .1

Guarantees for fixed-term employees

(1) The less favorable treatment of the employees employed for a determined duration in relation to the permanent employees performing a work equivalent to the same unit is not allowed, if such treatment is based exclusively on the duration of the employment relationship and does not have an objective justification.


(2) The interdiction provided in par. (1) at least:


a) the length of service required for holding certain positions;


b) training opportunities;


c) the possibility to hold a permanent position within the unit.


(3) In order to ensure equal access to jobs, the length of service established for holding a position shall be the same for employees employed for an indefinite period and for those employed for a fixed period.


(4) In order to improve the professional skills, career development and professional mobility of fixed-term employees, the employer shall facilitate their access to adequate vocational training opportunities, in accordance with the provisions of this Code (Title VIII).


(5) The employer shall inform the employees employed for a determined duration about the vacant positions within the unit, within 5 working days from the date of their appearance, so that the respective employees can access permanent positions on equal terms with the other employees. Information on vacancies will be made known to employees and their representatives at unit level, through a public announcement placed on an information panel with general access to the unit's headquarters (including each of the unit's branches or representative offices), and on its website, as appropriate.

In force since 2022-08-26

Art.

55 .1

Guarantees for fixed-term employees

(1) The less favorable treatment of the employees employed for a determined duration in relation to the permanent employees performing a work equivalent to the same unit is not allowed, if such treatment is based exclusively on the duration of the employment relationship and does not have an objective justification.


(2) The interdiction provided in par. (1) at least:


a) the length of service required for holding certain positions;


b) training opportunities;


c) the possibility to hold a permanent position within the unit.


(3) In order to ensure equal access to jobs, the length of service established for holding a position shall be the same for employees employed for an indefinite period and for those employed for a fixed period.


(4) In order to improve the professional skills, career development and professional mobility of fixed-term employees, the employer shall facilitate their access to adequate vocational training opportunities, in accordance with the provisions of this Code (Title VIII).


(5) The employer shall inform the employees employed for a determined duration about the vacant positions within the unit, within 5 working days from the date of their appearance, so that the respective employees can access permanent positions on equal terms with the other employees. Information on vacancies shall be communicated to employees and their representatives at the enterprise level by means of:


a) an advertisement sent by e-mail or other means of communication that can be accessed by any employee; and/or


b) a public announcement posted on the company's web page, if applicable; and/or


c) a public notice posted on a publicly accessible information board at the place of business, including all its branches or representative offices.