The job description has always been a controversial topic in employment relationships, being among the most debated aspects of the individual employment contract. The lack of an explicit and detailed regulation of the structure and content of this document has given rise to numerous intrigues and dilemmas among employers and employees, especially in times of conflict. The most sensitive point in the employee-employer relationship is the possi...

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...

Law no. 69/2000 regulates in the case of performance sportsmen the possibility of performing the activities within a sports structure by concluding either an individual labor contract or a sportive activity contract. This legal solution gives birth to confusions regarding the juridical regime applicable.

Labour Code provides under Art. 137 (4) the possibility of granting the weekly rest days cumulatively, after a continuous work period that may not exceed 14 calendar days, with the authorization of the territorial labour inspectorate and the approval of the union or, by case, of the employees’ representatives. The conditions and the procedure of the approval of the territorial labour inspectorate for granting the weekly rest days cumul...

The study analyzes the features of the individual employment contract, which distinguish it from civil contracts of service provision. It presents only those features that are exclusive and therefore relevant to this contract (legal subordination, legal status of the employee, legal prohibition for the employee to transfer part of his rights, etc.) and not those it shares with civi...

The Labour Inspection has the right to establish whether the activity performed based on a different type of contract than a labour contract is actually rendered in the conditions of a labour relation. The labour legislation does not provide for the criteria based on which the Labour Inspection may conduct the re-qualification or for the consequences of such re-qualification. It is necessary that such criteria and consequences of re-qu...

The individual labour contract includes both information clauses and also clauses stipulated by the parties’ agreement. The clause of the job or position is generally formulated and has informative value for the employee so that the employer can change the workplace in the same unit and the same locality by a unilateral disposition. The modification of the clause establishing a precisely determined job requires the agreement of the ...

In order to overcome the phenomenon of “informal employment” in the field of agriculture, the Parliament of the Republic of Moldova has recently adopted the Law no. 22/2018 regarding the performance of unqualified occasional activities by the day laborers. In this article, the author analyzes the legal relationship between the day laborer and the beneficiary of work in the light of the Law no. 22/2018 of the Republic of...

As a result of the Constitutional Court’s Decision no. 759/2017, the individual employment contract will no longer cease to apply on the date of the communication of the pension decision in the case of the third degree invalidity pension. Labor relations will continue to exist in such a situation, but necessarily modified; they may also cease on another legal basis, for example, by parties agreement [Art. 55 lit. h of the Labor Code] or by dis...