(1) In case of reduction of the number or staff, the preferential right to be left to work benefits the employees with a higher qualification and labor productivity.

(2) In case of an equal qualification and labor productivity, the preferential right to be left to work have:

a) employees with family obligations, who support two or more persons and / or a person with disabilities;

b) employees in whose family there are no other persons with independent income;

c) employees who have a longer seniority in the respective unit;

d) the employees who suffered in the respective unit a work accident or contracted an occupational disease;

e) employees who raise their qualification in higher education and technical professional institutions, without leaving the activity;

f) persons with disabilities as a result of the war and members of the families of soldiers who have fallen or disappeared without a trace;

g) participants in the actions for the defense of the territorial integrity and independence of the Republic of Moldova;

h) inventors;

i) persons who have fallen ill or have suffered from actinic disease and other diseases caused by radiation as a result of the Chernobyl accident;

j) persons with disabilities in respect of whom the causal relationship between the occurrence of the disability and the damage from the C.A.E. Chernobyl, the participants in the liquidation of the consequences of the damage from the C.A.E. Chernobyl in the alienation zone in 1986-1990;

k) employees who have more incentives for success at work and do not have disciplinary sanctions (art. 211);

l) employees who have at most 5 years left until the establishment of the old-age pension.

(3) In case some persons indicated in paragraph (2) correspond to several criteria provided in this paragraph, the preferential right to be left to work belongs to the persons who meet several criteria in comparison with the other persons. In case of equality of the number of criteria, the preferential right belongs to the person who has a longer seniority in the respective unit.

(1) The employer is obliged to notify the employee, by order (provision, decision, decision), under signature or by another means which allows confirmation of receipt of the order by each employee concerned, of his intention to terminate the individual employment contract concluded for an indefinite or fixed term, within the following time limits:

a) 2 months in advance - in case of dismissal in connection with the liquidation of the establishment or the termination of the activity of the natural person employer, reduction in the number or states of personnel at the establishment (Art. 86 (1) (b) and (c));

b) one month in advance - in the event of dismissal in connection with a finding of unsatisfactory performance, repeatedly over a period of one year, of individual performance indicators, in accordance with the assessment procedure implemented by the employer under Article 86 para. (1) (e);

c) 14 calendar days in advance - in case of dismissal due to the employee's status of old-age pensioner (Art. 86 para. (1) (y.1) and Art. 301 para. (1) lit. c)).

(2) During the periods referred to in paragraph (1), the employee shall be granted at least one working day per week, with maintenance of the average wage, for seeking another job.   

(3) Upon termination of the individual employment contract as a result of the employee's breach of his/her employment obligations (Article 86 (1) (g)-(k), (m), (o)-(r)), notice of termination is not mandatory.

(1) In case of change of the owner of the unit, the new owner, within a maximum of 3 months from the day of the appearance of the property right, pursuant to art. 86 paragraph (1) letter f), is entitled to dissolve individual employment contracts concluded with the head of the unit, with his deputies, with the chief accountant.

(2) The new owner shall grant to the dismissed persons according to paragraph (1) an additional compensation if this is provided by the individual employment contract.

1) Collective dismissals are dismissals made by the employer for one or more reasons not attributable to the employee, if, within a period of 30 days, the number of dismissals constitutes:

a) at least 10 in establishments employing between 20 and 99 employees;

b) at least 10% of the number of employees in establishments employing between 100 and 299 employees;

c) at least 30 in establishments employing 300 or more employees.

(2) In determining the actual number of employees collectively dismissed in accordance with paragraph (1), the number of employees shall be (1), the number of employees whose individual employment contracts have been terminated at the initiative of the employer for one or more reasons not attributable to the employee (referred to in Article 86 (1)) shall also be taken into account. (1) (z)), provided that there are at least 5 redundancies.

(3) If measures involving collective redundancies are envisaged in the establishment, at least 3 months in advance (including the notice period referred to in para. (7)), the employer is obliged to notify the employees' representatives in the establishment and the employment agency and to initiate consultations with the employees' representatives with a view to reaching an agreement.

(4) In order to enable the employees' representatives to make constructive proposals, at least 5 working days before the consultations begin, the employer is obliged to provide them, in writing, with all available useful information on:   

a) the reasons for the planned redundancies;

b) the number and categories of employees to be made redundant;

c) the number and categories of employees employed at the establishment;

d) the period during which the redundancies will take place;

e) the criteria for selecting the employees to be made redundant, laid down by law, collective agreements or collective labour agreements;

f) the method of calculating any severance payments provided for in the collective agreement or in the regulations at unit level, except those provided for by the legislation in force.

(5) Consultations shall last until an agreement is reached, but in any case no longer than 30 calendar days from the time when the employees' representatives are informed of the envisaged collective redundancies.

(6) If no agreement is reached and the employer's unilateral decision is to continue the collective dismissal process, this decision shall be communicated by notification to the employees' representatives and the employment agency. The notification to the employment agency shall contain at least the elements set out in paragraph 1. (4)(a) to (e), as well as any relevant information on the planned redundancies and the consultations with the employees' representatives. The notification requirement shall cover each redundancy envisaged in collective redundancies.

(7) Notification, under signature or by another means that allows confirmation of receipt/notification, of employees of collective redundancies shall be made 2 months prior to the redundancy, in accordance with the redundancy procedures laid down in Article 88.

(8) The Employment Agency shall use the period prior to dismissals to seek solutions to the problems raised by the dismissals and to provide, together with the employer and the employees' representatives, assistance in the employment of the employees to be dismissed, presenting them with employment and retraining opportunities.

(1) To the dismissed employees in connection with the liquidation of the unit or with the cessation of the activity of the natural person employer (art. 1) letter c)) are guaranteed:

a) for the first month, the payment of a severance pay equal to the sum of an average weekly salary for each full year worked at the unit in question, but not more than six average monthly salaries and not less than an average monthly salary . If the unit was the legal successor of a previously reorganized unit and the individual employment contract with the employees in question has not previously ended (art. 81), all years of activity will be taken into account. If the employee who is dismissed has worked in the unit with an individual employment contract for several periods of time, the years worked since the conclusion of the last individual employment contract will be taken into account;

b) for the second month, the payment of a severance pay equal to the amount of the average monthly salary if the dismissed person has not been placed in employment;

c) for the third month, the payment of a severance pay equal to the amount of the average monthly salary, if the dismissed person has not been placed in employment;

d) upon the liquidation of the unit, by the written agreement of the parties, the full payment of the amounts related to the dismissal of the employee for all 3 months, on the date of dismissal.

Note.

In case of placement of the dismissed person during the months indicated in letters b) and c), the indemnity will be paid for the period until the date of his employment.

(2) The severance pay in the amount of an average salary for 2 weeks shall be paid to the employees upon termination of the individual employment contract in connection with:

a) finding that the employee does not correspond to the position held or the work performed due to health, in accordance with the respective medical certificate, or as a result of insufficient qualification confirmed by the decision of the attestation commission (art. 86 para. (1) letter d ) and it is));

b) re-establishment at the workplace, according to the court decision, of the employee who previously performed the respective work (art. 82 letter j1));

c) the employee's refusal to be transferred to another locality in connection with the transfer of the unit in this locality (art. 86 para. (1) letter y)).

(3) Employees whose individual employment contract has been suspended in connection with the incorporation

in the term military service, in the short-term military service or in the civil service (art. 76 letter e)) or who have resigned in connection with the violation by the employer of the individual or collective labor contract (art.85 para (2)) benefit from the indemnity provided in paragraph (2).

(4) The payment of the dismissal allowance shall be made at the previous place of work.

(5) The collective or individual employment contract may also provide for other cases of payment of the severance pay, increased amounts thereof, as well as longer deadlines for payment of the allowance.