LLMD
Labour Law (MD)
Labour Law of the Republic of Moldova
Art.
216 The apprenticeship contract and the training contract continuous professional(1) The employer has the right to conclude an apprenticeship contract with the person who is looking for a job and who does not have a professional qualification.
(2) The apprenticeship contract, concluded in written form, is a civil law contract and is regulated by the Civil Code and other normative acts.
(3) The employer has the right to conclude a continuous professional training contract with any employee of the unit.
(4) The contract of continuous professional training is concluded in written form, is an additional act to the individual labor contract and is regulated by the labor legislation and other normative acts containing norms of the labor law.
Art.
217 Content of the apprenticeship contract and the contract continuing vocational training(1) The apprenticeship contract and the continuous professional training contract will include:
a) name and surname or name of the parties;
b) the indication of the profession, specialty and qualification that the apprentice or employee will obtain;
c) the obligations of the employer regarding the creation of the training conditions stipulated in the contract;
d) the term of the contract;
e) the obligation of the person to follow the professional training course and to work according to the profession, specialty, qualification obtained within the term established by the respective contract;
f) the conditions of remuneration for the work during the apprenticeship or the continuous professional training.
g) the conditions for covering (reimbursing) the expenses incurred by the parties (on the one hand) during the apprenticeship or continuous professional training in case of dismissal of the employee (art.85, art.86 par. (1) letter g) -r)) before the expiration of the term provided by the contract according to letter e).
(2) The apprenticeship contract and the continuous professional training contract may also include other clauses determined by the parties, which do not contravene the legislation in force.
Art.
218 Duration of apprenticeship and continuing vocational training(1) The duration of the apprenticeship or of the continuous professional training must not exceed, during the week, the duration of the working time established by the present code for the respective age and profession at the execution of the corresponding works.
(2) The time necessary for the apprentice to participate in theoretical activities related to professional training is included in the working time.
(3) The employees employed in the continuous professional training in the unit may be temporarily released from the work provided by the individual employment contract or may work under the conditions of partial working time or of the flexible working time regime, with the written consent of the employer.
(4) In the case of employees employed in continuous professional training, the following are prohibited:
a) work performed in difficult, harmful and / or dangerous conditions;
b) additional work;
c) night work;
d) secondment not related to professional training.
(5) The term of the apprenticeship contract, as well as of the one of continuous professional training, starts to run on the date indicated in the contract, extending with the period of the medical leave and in other cases provided by the contract.
Art.
219 Application of labor legislation during the apprenticeship and continuing vocational training(1) The labor legislation, including the labor protection legislation, shall apply to apprentices and employees who have concluded a contract for continuous professional training.
(2) The clauses of the apprenticeship contracts and of the continuous professional training contracts that contravene the legislation in force, the provisions of the collective agreements and of the collective labor contracts are considered null and inapplicable.
(3) The employer shall ensure, through an appropriate control, carried out jointly with the employees' representatives, the efficiency of the apprenticeship system and of any other system of staff training and their adequate protection.
Art.
220 Termination of the training contract keep goingThe continuing vocational training contract may be terminated on the grounds provided for in this Code for the termination of the individual employment contract or on other grounds provided for by the legislation in force.
Art.
221 Termination (dissolution) of the apprenticeship contractThe apprenticeship contract terminates (terminates) on the grounds provided by the Civil Code.