The repeal of the Law on social dialogue no. 62/2011 (and its replacement by Law no. 367/2022) also meant the removal of the text (under art. 210) according to which the settlement of labour disputes in the first instance expressly lay with the tribunals. Under the new conditions, it is necessary to establish this competence based on the general regulatory framework (in particular, art. 94 and art. 95 of the Civil Proc. Code), but also ...

Daily rest and weekly rest are forms of rest time, each with its own physiognomy and purpose. At the same time, they constitute employee/worker rights that must be strictly respected by the employer. The rule is that the daily rest precedes the weekly; the first does not intersect with the second, but they are cumulative as ruled by the Court of Justice of the European Union by the Decision of March 2, 2023.

Economically active people spend around a third of their time at work. Working conditions play a significant role in the employee’s health. In good cases, they provide the opportunity for personal development, increase the socio-professional level and provide protection from occupational risks. On the other hand, they also contribute indirectly and directly to the improvement of social relations, self-esteem and the development of benefi...

In order to create favourable conditions for the development of the business environment and the need to simplify the procedures specific to the human resources activity, especially for micro-enterprises, the G.E.O. no. 37/2021 for the amendment and completion of Law no. 53/2003 of the Labour Code was adopted. For micro-enterprise employers, the normative act eliminated the obligation to draw up the job description for the employees, eliminat...

This study analyzes the legal procedure for dismissing the employee as a result of the reduction in the number of staff or posts of the unit in the light of the Labour Code of the Republic of Moldova. The authors have elucidated the conditions that the employer must comply with when operating such a dismissal. Moreover, it is concluded that the operation of selecting employees for dismissal in accordance with the stated legal basis falls under...

This study addresses some legal issues regarding employee protection measures – enshrined in the law of Moldova – which may take the form of permanent or temporary interdictions when dismissing employees. At the same time, we have pointed out the special rules on the dismissal of certain categories of persons and, in ...

This study clarifies some legal issues related to the transfer of the employee to another job, considered by the legislature of Moldova as one of the main ways to change the workplace, either in the interest of the job or at the request of the employee. In accordance with the Labour Code of the Republic of Moldova, such a legal operation (even in the case of the temporary transfer of the employee) can be carried out only on the basis of a writt...

This article clarifies some legal aspects regarding the legality of incorporating the penalty clause in the individual employment contract by the employer. According to the author, the civil law regarding the penalty clause is not applicable – for the most part – to labor relations, as it contravenes the specificity of this category of relationships. However, there are also exceptional situations in which the application...

The processing of the employees’ personal is a sensitive subject. Such a processing has to observe the legal provisions established at the European Union’s level. Otherwise, the employers undertake the risk to be subject to significant fines. In this article we shall analyze the grounds for processing the employees’ personal data.  ...

The situations in which the employment contract may be terminated include de jure termination [art. 55(a) of the Labour Code]. It is a termination under the law – ope legis – as a result of the will of the legislature. It occurs only in expressly provided cases; the contract is cancelled at the very moment of the occurrence of the termination cause without the intervention of the employer. ...