LLMD
Labour Law (MD)
Labour Law of the Republic of Moldova
Art.
296 The right to practice pedagogical (didactic) activity(1) In the pedagogical (didactic) activity are admitted the persons with a necessary level of education, established by the legislation in force, for the activity in the corresponding educational institutions and in the organizations from the sphere of science and innovation.
(2) The persons deprived of this right by the decision of the court or on the basis of the corresponding medical certificate, as well as the persons with a criminal record for certain crimes are not admitted in the pedagogical (didactic) activity. The lists of medical contraindications and crimes that do not allow the practice of pedagogical (didactic) activity are established by law.
Art.
297 Concluding the individual employment contract with the staff scientific and didactic activities in higher education institutions(1) The occupation of all scientific and didactic functions in the higher education institutions is carried out on the basis of an individual employment contract for a determined duration, concluded according to the results of the competition. The Regulation on the manner of occupying the nominated positions is approved by the Government.
(2) The positions of dean of the faculty and head of department in higher education institutions are elective. The election procedure in the mentioned positions is provided by the statutes of the respective educational institutions.
Art.
298 Duration of working time for teachers(1) For teachers of educational institutions and organizations in the field of science and innovation, a reduced duration of working time shall be established, which shall not exceed 35 hours per week (art. 96 para. (3)).
(2) The concrete duration of working time for teachers of educational institutions and organizations in the field of science and innovation shall be established by the Government, according to the function and / or specialty, taking into account the specifics of the work performed.
Art.
299 Extended annual leave(1) The teaachers of the educational institutions benefit annually, at the end of the school year, from a paid rest leave with the duration of:
a) 62 calendar days - for teachers from higher education institutions, from colleges, high schools, gymnasiums and general education schools of all types;
b) 42 calendar days - for teachers from preschool institutions of all types;
c) 28 calendar days - for teachers from extracurricular institutions and sports schools for children.
(2) The scientific staff from the educational institutions of all levels are granted an annual paid leave with a duration of 62 calendar days.
(3) The scientific staff of the organizations in the field of science and innovation, regardless of the type of ownership and the legal form of organization, benefit annually from a paid rest leave with the duration of:
a) 42 calendar days - for scientific staff with a scientific degree of habilitated doctor;
b) 36 calendar days - for scientific staff with a doctoral degree;
c) 30 calendar days - for scientific staff without a scientific degree.
(4) The auxiliary teachers and the administrative staff from education and from the sphere of science and innovation benefit from an annual paid leave with a duration of 28 calendar days.
(5) The teachers from the educational institutions, employed based on the individual fixed-term employment contract, according to art. 55, for a period of at least one year of studies / one academic year, benefits from a paid rest leave with the duration provided in par. (1) of this article.
Art.
300 Long term leave for teachers and staff in science and innovation organizations(1) Teachers in educational institutions are granted, not less than once every 10 years of pedagogical activity, a leave of up to one year, in the manner and under the conditions, including those of payment, established by the founder. and / or the status of the institution concerned.
(2) The scientific staff of the organizations in the field of science and innovation shall be granted, in the manner and under the conditions established by the statute of the respective organization:
a) paid leave of up to 6 months, not less than once every 10 years of scientific activity, for the completion of treaties, studies included in the research programs of organizations in the field of science and innovation, with the approval of the scientific council the organization;
b) a paid leave of up to one year, once, for the drafting of the thesis of habilitated doctor, with the approval of the scientific council of the organization.
Art.
301 Additional grounds for termination of the individual employment contract concluded with teachers and staff from organizations in the field of science and innovation(1) (Repealed)
(2) In addition to the general grounds provided for in this Code, the individual employment contract concluded with staff from organizations in the field of science and innovation may be terminated on the following additional grounds:
a) loss of the competition for the occupation of scientific and management positions provided by the statute of the respective organization;
b) the non-attestation, in accordance with the statute of the respective organization, of the scientific researchers, the workers from the enterprises, institutions and auxiliary organizations of service and administration of the scientific activity.