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...

This article aims to provide a theoretical and practical perspective on the application of the provisions of art. 250 lit. a)-e) from The Labor Code and additions related to ICCJ Decision No. 11/2013. Keywords: misconduct,...

The article analyzes disciplinary liability, based on a comparative analysis of this type of liability between public servants and employees. The notion of disciplinary liability, disciplinary offenses, disciplinary sanctions, the procedure for applying sanctions, and the means of appeal were considered from a dual perspective. ...

In the following article, one of a practical nature, an analysis of a court decision, pronounced on appeal, is made. The employee was disciplined with a 10% salary reduction for 3 months, on the grounds that he committed a disciplinary offense consisting of transporting two 5-liter containers full of diesel fuel in the cab of the bus he was driving. He thus endangered the safety of passengers and the vehicle entrusted to him. The court of firs...

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...

This research aims to analyze from the perspective of the fiscal regime the transposition of an obligation regarding the non-compete benefit apparently transposed only formally in the Labour Code, but in the context of the consequences it produces it is important to clarify its implications regarding the fiscal regime towards the legal subjects in legal relationships. The phrase non-compete benefit as it is regulated at the level of nat...

This research aims to analyze from the perspective of the fiscal regime the transposition of an obligation regarding the non-compete benefit apparently transposed only formally in the Labour Code, but in the context of the consequences it produces it is important to clarify its implications regarding the fiscal regime towards the legal subjects in legal relationships. The phrase non-compete benefit as it is regulated at the level of nat...

At present, the extremely dynamic environment for the provision of services at transnational level requires an increasing number of entities to temporarily second employees to the territory of a State other than the State in which they are normally employed. In this context, the acquisition of a transnational dimension by labor relations often raises problems as to the legislation applicable to these labor relations.

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...