References
Labour Code [LC], No 154-XV (2003), as last amended on 3 October, 2016
Date:
22 Aug 1970;
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Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: none
No express mention of any worker's category excluded in the Labour Code. However, there might be specific regulations governing the employment relationship of certain categories of employees.
According to art. 3 LC, the LC applies to:
"a) Employees- citizens of the Republic of Moldova, working on the basis of the individual labour
contract in the Republic of Moldova, including the ones who have concluded a contract of
continuous vocational training or a contract on professional qualification;
b) Employees - foreign citizens or persons without the citizenship of Moldova, working for the
employer on the basis of the individual labour contract, the employer, carrying out activity in the
Republic of Moldova;
c) Employees - citizens of the Republic of Moldova, working in diplomatic representatives abroad;
d) Employers - physical or juridical persons from the public sector, private or the mixed sector,
using wage labour;
e) Workers of public bodies, religious associations, trade unions, patronages, foundations, parties
and other non-commercial organizations, using wage labour".
FTC regulated: Yes
Valid reasons for FTC use: objective and material reasons
Art. 55 LC provides an exhaustive list of situations where FTC are authorized. In any cases, FTC should only be used for the performance of work having a temporary character.
Maximum number of successive FTCs: no limitation
No statutory limitation.
Maximum cumulative duration of successive FTCs: 60month(s)
Art. 54 LC: FTC cannot exceed 5 years.
Maximum probationary (trial) period (in months): 6 month(s)
Art. 60 (1) LC.
- A probation period can be established for about 3 months.
- For managers: up to 6 months.
- For unqualified workers: max. 30 days.
*Specific rules applicable to FTC: art. 61 LC
- 15 days max. for a contract concluded for a duration of 3 to 6 months.
- 30 days max. for a contract concluded for a duration of more than 6 months.
Obligation to provide reasons to the employee: Yes
Valid grounds (justified dismissal):
Prohibited grounds: pregnancy, maternity leave, family responsibilities, race, sex, religion, political opinion, social origin, nationality/national origin, trade union membership and activities, disability, place of residence
Art. 8 LC: general prohibition of discrimination in the sphere of employment. In addition to those grounds, are listed the place of residence and "other criteria not connected with professional qualities".
*Art. 251 LC: prohibits dismissal of pregnant women, women on maternity leave or child nursing leave and workers who are taking care of children under 6 except in the cases of
enterprise liquidation.
Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave, workers with family responsibilities
*Art. 87 LC: dismissal of trade union representative is admitted only with the preliminary consent of the trade union body.
Dismissal of a trade union member on certain grounds requires the preliminary consent of the trade union from the enterprise. In other cases, preliminary consultation with the trade union is required.
*Art. 251 LC: prohibits dismissal of pregnant women, women on maternity leave or child nursing leave and workers who are taking care of children under 6 except in the cases of
enterprise liquidation.
Notification to the worker to be dismissed: written
Art. 184 LC
Notice period:
Art. 184 LC.
Notice period varies according to the ground for dismissal:
* 2 months minimum in case of dismissal based on economic grounds (enterprise liquidation or staff reduction
* 1 month minimum for dismissals based on the worker's capacity (health condition or insufficient qualifications)
* No mandatory notice when dismissal follows infringements of the employee's work responsibilities.
Pay in lieu of notice: No
Notification to the public administration: No
Notification to workers' representatives: No
Except in case of dismissal of a trade union member or representatives (art. 87 LC).
Approval by public administration or judicial bodies: No
Approval by workers' representatives: No
Except for:
* a dismissal of trade union members on certain grounds,
* any dismissal of trade union representatives (art 87 LC).
Definition of collective dismissal (number of employees concerned) No legal definition.
See art. 88 1) i) LC: Mass dismissals can be defined by collective agreements.
Notification to the public administration Yes
Art. 88 (1) i) LC
Notification to trade union (workers' representatives) Yes
Art. 88(1) g) LC
Notification to workers' representatives: Yes
Art. 88 (1) i) LC
Approval by trade union (workers' representatives) No
Approval by workers' representatives No
Except for trade union members and trade union representatives (art. 87 LC).
Priority rules for collective dismissals (social considerations, age, job tenure) Yes
Art. 183 LC
Employer's obligation to consider alternatives to dismissal (transfers, retraining...) No
Priority rules for re-employment Yes
Art. 88 (1) c) LC establishes the obligation of the employer to offer the employee another workplace at the enterprise.
:
Only for dismissals based on the worker's capacity, state of health and insufficient qualifications: art. 186 (2) LC.
: 2 week(s)
: 2 week(s)
: 2 week(s)
: 2 week(s)
: 2 week(s)
: 2 week(s)
: 2 week(s)
: 2 week(s)
: 1 month(s)
: 1 month(s)
: 1 month(s)
: 1 month(s)
: 2 month(s)
: 2.5 month(s)
: 5 month(s)
: 10 month(s)
mine workers: No
Art. 90 LC
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): Compensation for illegal dismissal includes: <br/><b>1) Damages for the moral prejudice: fixed by the court but shall amount to at least to 1 month' pay. <br/>Moreover, in lieu of reinstatement, additional compensation is due amounting at least to 3 months' pay.</b> <br/>2) Compensation for extra expenses (expert consultation, court costs...) <br/>3) Not less than the the average pay for the period of absence to work <br/>
Art. 90 LC
managerial / executive positions: Yes
Art. 89 LC
police: No
No statutory provision in the legislation reviewed.
Art. 355 LC
Existing arbitration: No
Length of procedure: 40day(s) (statutory)
Art. 355 LC: the court must convoke the parties within 10 days from the date of the registration of the application and decide on the case within 30 days.