LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Stand:
Chapter III
AMENDMENT OF THE INDIVIDUAL EMPLOYMENT CONTRACT

Art.

  68 Modification of the individual employment contract

1) The individual employment contract may be amended by an additional agreement signed by the parties, including the use of a qualified advanced electronic signature. The supplementary agreement shall form an integral part of the individual employment contract.

(2) An amendment to the individual employment contract shall be deemed to be any amendment or addition which concerns at least one of the clauses referred to in Article 49 para. (1).

(3) (Repealed)

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Art.

  69 Temporary change of job

(1) By derogation from the provisions of art. 68 para. (1), the employee's job may be temporarily changed by the employer, without making changes in the individual employment contract, in case of travel or secondment according to art. 70 and 71.

(2) During the trip in the interest of service or secondment to another job, the employee maintains his position, the average salary and other rights provided by the collective and individual employment contract.

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Art.

  70 Sending away in the interest of the service

Sending the employee away in the interest of the service may be ordered for a period of no more than 60 calendar days, in the manner and under the conditions provided in art. 174-176. This period may be extended for a period of up to one calendar year only with the written consent of the employee.

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Art.

  71 Posting

(1) The secondment may be ordered only with the written consent of the employee for a period not exceeding one year and shall be carried out on the basis of a separate individual employment contract for a determined duration.

(2) If necessary, the period of secondment may be extended, by agreement of the parties, by a maximum of one more year.

(3) For some categories of employees (art. 302), the secondment may be ordered for a longer period than the one indicated in paragraph (1).

(4) The seconded employee has the right to the compensation of the transport and accommodation expenses, as well as to a special indemnity in accordance with the legislation in force, with the collective contract and / or with the individual labor contract.

(5) The specifics of the work may be modified by secondment, but only with the written consent of the employee.

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Art.

  72 Remuneration in case of secondment

(1) The remuneration, in case of secondment, will be performed by the unit where the employee will work. If it is unable to pay, the obligation to remunerate the work performed rests with the unit that ordered the secondment with the right to recourse action against the unit in which the employee was posted.

(2) If, at the new job, the salary conditions or the rest time differ from those from which the employee benefited at the unit that ordered the secondment, the more favorable conditions will be applied to the employee.

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Art.

  73 Temporary change of place and specificity of work

(1) In case of a situation provided by art.104 paragraph (2) letters a) and b), the employer may temporarily change, for a period of maximum one month, the place and specifics of the employee's work without his consent and without operation of the respective changes in the individual employment contract.

(2) In case of impossibility for the employee to perform work at the workplace organized by the employer and in order to protect the safety and health of the employee during exceptional situations related to the declaration of a state of emergency, siege and war or the declaration of a state of emergency in public health, the employer, depending on the specifics of the employee's work, may order, by reasoned order (disposition, decision, resolution), the temporary change of the employee's job with work at home or remotely, without making such changes in the contract individual work. The order (disposition, decision, resolution) is communicated to the employee in due time, including by electronic means.

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Art.

  74 Transfer to another job

1) The transfer of an employee to another permanent job within the same establishment, with modification of the individual employment contract in accordance with Article 68, as well as employment by transfer to a permanent job in another establishment or transfer to another locality together with the establishment, shall be permitted only with the written agreement of the parties.

(2) An employee who, according to the medical document (certificate/certificate/document etc.) issued by the competent medical authority (institution), requires lighter work shall be transferred, with his written consent, to another work which is not contraindicated. If the employee refuses this transfer, the individual employment contract shall be terminated in accordance with the provisions of Article 86 (1) (x). If a suitable job is not available, the individual employment contract shall be terminated in accordance with Article 86 (1) (d).

(2.1) With the written agreement of the parties, on the basis of the order issued by the employer, the employee may be temporarily transferred to another job within the same establishment for a period of up to one month, with the possibility of extending this period up to one year.

(2.2) In case of transfer under the conditions of para. (2.1), the employer shall retain the employee's position held until the transfer.

(3) In case of transfer under the conditions of paragraph (1), (2) and (2.1), the parties shall make the necessary changes in the individual employment contract in accordance with Article 68, based on the order (disposition, decision, resolution) issued by the employer which shall be notified to the employee, under signature or by other means allowing confirmation of receipt/notification, within 3 working days.

(4) (Repealed)

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