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...

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...

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 ...

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...