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 fall...

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 a...

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 ...

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 appl...

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.

The study presents two recent solutions of the CJEU in interpreting some of the provisions of Directive no. 2000/78/EC establishing a general framework for equal treatment in employment and occupation, regarding the internal regulations of an undertaking prohibiting workers from bearing visible signs of political, philosophical or religious nature at work, and the request of a client of the employer that the work should not be performe...

The criminal liability in labour law certifies the importance granted by the authorities to workers protection, not only by establishing very elaborate labour law provisions, but also by penalising those employers which do not observe the employees rights. In order to draw clear boundaries between a minor offence and a more serious breach of law in the employers conduct, it is required a very good knowledge of the specific labour...