LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Stand:
Chapter IX.1
DISTANCE WORK

Art.

  292 .1 Employees who perform remote work

(1) Remote work is the form of work organization in the fields of activity, through which the employee fulfills his duties specific to the occupation, function or profession he holds in another place than the one organized by the employer, including means in the field of information technology; communications.

(2) Remote employees are employees who have concluded an individual employment contract or an additional agreement to the existing contract, which contain distance employment clauses.

Original 

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Art.

  292 .2 Principles of organizing distance work

(1) The employee with distance work enjoys all the rights and guarantees provided by law, the collective labor contract, the individual employment contract or other normative act at unit level applicable to employees whose job is organized by the employer .

(2) The particularities regarding remote work may be provided in the individual employment contract, in the collective labor contract or in the internal regulation of the unit or in another normative act at unit level.

Original 

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Art.

  292 .3 Conclusion, modification and content of the individual employment contract which provides for distance employment clauses

(1) The individual employment contract for distance work shall be concluded and amended under the conditions provided for in this Code, including by the exchange of electronic documents with the use of a qualified advanced electronic signature.

(2) The individual employment contract regarding distance work must contain, in addition to the clauses provided in art. 49, clauses regarding:

a) the conditions for performing distance work;

b) the program within which the employer is entitled to verify the activity of the employee and regarding the manner of performing the control;

c) the manner of recording the working hours provided by the employee with remote work;

d) the conditions regarding the bearing of the expenses related to the activity in the remote work regime;

e) other conditions agreed by the parties.

Original 

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Art.

  292 .4 Organizing occupational safety and health for employees with remote work

The employer organizes the safety and health at work of employees with remote work in accordance with the provisions of the Law on safety and health at work no. 186/2008, as well as other normative acts in the field of occupational safety and health.

Original 

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Art.

  292 .5 Termination of the individual employment contract for remote work

Termination of the individual employment contract for distance work shall take place under the general conditions provided for in this Code, including by the exchange of electronic documents with the use of a qualified advanced electronic signature.

Original 

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