LLMD
Labour Law (MD)
Labour Law of the Republic of Moldova
The employee whose individual employment contract has been suspended in connection with his election to an elective position, according to the legislation in force (art. 78 para. (1) letter d)), is granted, after the termination of his powers in the position respectively, the previous work (position), and if it is missing - another work (function) equivalent to the same or, with the employee's consent, to another unit.
(1) During the fulfillment of the state or public obligations, if, according to the legislation in force, they are performed during the working hours, the employees are guaranteed the maintenance of the job (of the position) and of the average salary in accordance with paragraph (2 ).
(2) The average salary of the employees in case of fulfilling the following state or public obligations is maintained:
a) presentation, by summons, to the criminal investigation bodies, to the prosecutor, to the court as a witness, injured party, expert, specialist, translator, procedural assistant;
b) participation as members of the voluntary fire brigades in the liquidation of the fire or damage; as well as
c) in cases of fulfillment of other state or public obligations provided by the legislation in force.
(Not in force yet!)
Employees called to perform military service on time, short-term military service, civil service, as well as those called to military camps benefit from the guarantees and compensations provided by the legislation in force.
(1) The employer is obliged to allow, without any hindrance, the presentation of blood donor employees to medical institutions on the day of donating blood or blood derivatives for their use for therapeutic purposes, maintaining the average salary of donors and ensuring them, in case of necessity, with transport.
(2) Employees who donate blood are granted, on the day immediately following the day of donation of blood or blood derivatives, a day off with the maintenance of the average salary. In case of donation of blood or blood derivatives on the day preceding the day (s) of rest, a day off with the maintenance of the average salary shall be granted to the donor employees immediately after the day (s) of rest.
(3) In case of donation of blood or blood derivatives during the annual rest leave, on rest days or on non-working holidays, the employer is obliged to grant the blood donor employee another paid day off which, with the agreement written notice of the respective employee, may be attached to the annual rest leave.
(1) In the event of a state of emergency, siege and war, as well as in the event of a state of emergency in public health, for the implementation of special measures to ensure the safety, protection of life and health of the population, employers shall grant employees days off. the average salary, in the manner established by the Government.
(2) The Government establishes compensations, from the means of the state budget, for the employers who have applied the provisions of par. (1).
The employee author of the invention or of the rationalization proposal benefits from the guarantees and compensations provided by the legislation in force, by the collective contract and / or by the individual labor contract.
(1) The employee who uses, with the consent or knowledge of the employer and in his interest, the personal goods is paid the compensation for the use and wear of the means of transport, tools, equipment, other materials and technical means related to their use.
(2) The amount and the method of payment of the compensation shall be established by the written agreement of the parties to the individual employment contract.
During the performance of medical controls (examinations), employees who, according to the provisions of this code or other normative acts, are obliged to pass these controls (examinations) are kept the average salary at work.
In case of granting the employee a medical leave, the employer is obliged to pay him an indemnity under the conditions of art. 123 paragraph (2).
(1) Employees who follow, at the initiative of the employer, the professional training course with retirement, their job (position) and average salary are maintained, they are granted other guarantees and compensations provided by the legislation in force.
(2) Employees who follow, at the initiative of the employer, the professional training course with decommissioning, in another locality, shall be compensated the travel expenses in the manner and under the conditions provided for the employees sent on the move in the interest of service.
(1) In case of injury to the health or death of the employee as a result of an accident at work or an occupational disease, the employee will be compensated the unrealized salary (income), as well as additional expenses for medical, social and professional rehabilitation related to the injury to the deceased's health or to the family of the deceased is reimbursed for the expenses related to the death.
(2) The amount and conditions for granting the guarantees and compensations provided in paragraph (1) are established by the legislation in force.
Employees are subject to state social insurance and benefit from all guarantees, compensations and other payments provided by the state social insurance system according to the legislation in force.
(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.
For the period of regular medical examinations, employees are guaranteed to maintain their job (function) and average salary.