LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2017-08-25

Art.

197 .1

Warranties in case of reorganization of the unit, change of the type of property or its owner

(1) In case of reorganization of the unit, change of type of property or its owner, the assignee takes over all the rights and obligations existing at the date of occurrence of the event arising from individual employment contracts and collective labor agreements in force.


(2) The reorganization of the unit, the change of the type of property or of its owner do not constitute, in itself, grounds for termination of the individual employment contract (with the exceptions provided in art. 86 paragraph (1) letter f)). At the same time, the dismissal of employees may occur, in such cases, as a result of the reduction in the number or staffing of the unit.


(3) In case of reorganization of the unit, change of the type of property or its owner, the employees' right to information and consultation shall be respected. At least 30 calendar days before the start of the procedure for reorganizing the unit, changing the type of property or its owner, the employer shall inform in writing the representatives of his employees regarding:


a) the proposed date or date of the initiation of the reorganization procedure, of the change of the type of property or of the owner of the unit;


b) the reasons for the reorganization, change of the type of property or the owner of the unit;


c) the legal, economic and social consequences of the reorganization, change of the type of property or the owner of the unit for employees;


d) the planned measures regarding the employees.


(4) The assignee is obliged to provide to the representatives of his employees the information mentioned in par. (3) lit. a) –d) at least 30 calendar days before the reorganization of the unit, the change of the type of property or its owner actually takes place.


(5) If there is no union or elected representatives at the unit, the information mentioned in par. (3) shall be made known to employees through a public notice placed on an information panel with general access to the headquarters of the unit (including each of its subsidiaries or representative offices), as well as, where appropriate, through the website or electronic messages.


(6) If the transferor and / or the transferee plan to take certain measures regarding their employees, they are to be consulted with the employees' representatives in accordance with the provisions of art. 421.


(7) If in the process of reorganization of the unit, of change of the type of property or of its owner, reductions of the number or of the personnel states are foreseen, the provisions of art. 88.