The regulation of a fixed term individual employment contract, done in line with the provisions of the Labor Code of the Republic of Moldova, addresses this category of contracts as an exception to the rule for concluding indefinite term employment contracts. This study discusses the issue of timely termination of fixed term individual employment contracts. The right calculation of the validity term of an individual employment contract a...

Good faith is a concept recognized by the fundamental law itself so that it can later be given the status of a general principle in both civil and labor law. As far as working relations are concerned, good faith must manifest itself both at the time of their conclusion and later in the course of their work and translates into a loyalty or fidelity which the parties, whether individual or collective, must manifest to each other. The overcoming...

The Labor Code contains several provisions that establish it as the common law inthe fi eld of employment legal relationships. It applies not only to relationships arising from individual employment contracts – covering employees and their employers – but also to other employment relationships that are not based on such contracts, deriving instead from special regulations. Thus, the application of the Labor Code extends in certain ...

The article analyzes the elements of three “employment contracts” mentioned in the Transylvanian Triptychs, discovered in the 18th and 19th centuries at Roșia Montană. These Triptychs contain legal documents related to various aspects of daily life in the Roman province of Dacia. The contracts in question pertain to labor in gold mines, an occupation specific to the lower social classes of that time. The study of the preserved informat...

In this study, the non-compete clause is explained as a type of specific clauses of an individual employment contract, which results in a conventional restriction of work freedom. The author highlighted, primarily, the legal significance of the non-compete clause. In addition, the elements to be stated in the text of a non-compete clause were analysed, according to art. 531 para. (2) of the Labour Code of the Republic of Moldova, namely: the ge...

By art. 31 paragraph 3 of the Labor Code introduced a simple and quick way to terminate the individual employment contract, at the initiative of either of the two contracting parties (employer or employee). According to this text, the respective contract can be terminated exclusively, during or at the end of the trial period by a written notification, without notice at the initiative of either party. Without needing to justify it.

The new amendments and completions to the Labour Code brought by the adoption of Law no. 283/2022 required the adoption of a new framework model of the individual employment contract. It was established by the Order of the Minister of Labour and Social Solidarity no. 2171/2022 and is made available to employees and employers by publication on the website of the Labour Inspection. For the proper development of labour relations, the parti...

The need for efficiency and continuous improvement of employment relations, as well as the need to simplify procedures specific to the human resources activity, require the regulation of the employer’s possibility of using the advanced electronic signature or qualified electronic signature accompanied by electronic time stamp or qualified electronic time stamp and qualified electronic seal of the employer when concluding the individual e...

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 ...