Termination of employment in the Republic of Moldova is governed by the Labour Code of the Republic of Moldova. The law specifies several grounds where an employer may lawfully terminate employment. These include mutual agreement, expiration of a fixed-term contract, employee's initiative, and employer's initiative. The latter can include reasons such as company liquidation or reorganization, redundancy, employee incompetence or unsuitability, disciplinary violations by the employee, and prolonged absence from work without valid reason.

Lawful Grounds for Dismissal

• Mutual Agreement: The employer and employee agree to terminate the employment contract.
• Expiration of a Fixed-Term Contract: The contract ends on the agreed-upon end date.
• Employee's Initiative: The employee resigns, providing the required notice.
• Employer's Initiative: This includes reasons such as:
  • Company liquidation or reorganization
  • Redundancy (reduction of workforce)
  • Employee incompetence or unsuitability
  • Disciplinary violations by the employee
  • Prolonged absence from work without valid reason

Notice Requirements

• Employee Resignation: Employees must submit a written resignation letter giving 14 calendar days of notice.
• Termination by Employer: Notice depends on the grounds for termination:
  • Liquidation, redundancy, etc.: At least one month's notice
  • Unsuitability of the employee: At least three days' notice
  • Disciplinary reasons: No notice is required in cases of serious misconduct

Severance Pay

Employees dismissed for certain reasons (such as company liquidation or redundancy) are entitled to severance pay. The amount is determined as follows according to the Labour Code of the Republic of Moldova:

• Between 6 months and 4 years of service: 1 month's average wage
• More than 4 years of service: 2 months' average wage
• More than 5 years of service: 2.5 months' average wage
• More than 10 years of service: 5 months' average wage
• More than 20 years of service: 10 months' average wage

Moldova has made significant strides in creating a legal framework to protect individuals from discrimination.

Protected Characteristics

The Law on Ensuring Equality (2012) in Moldova prohibits discrimination based on several characteristics, including:

• Race
• Nationality
• Ethnicity
• Language
• Religion or Belief
• Sex
• Gender
• Political View
• Social Origin
• Property Status
• Disability
• Age
• Health Status (including HIV status)
• Sexual Orientation
• Any other similar criterion

These protections are applicable in various areas of life, such as employment, education, housing, and access to goods and services.

Redress Mechanisms

If you have been a victim of discrimination in Moldova, there are several redress mechanisms available:

• Council for Preventing and Eliminating Discrimination and Ensuring Equality (CPEDEE): This independent body investigates complaints of discrimination and can issue binding decisions. Complaints can be filed directly with the CPEDEE.
• Courts: Legal action can be pursued through the Moldovan court system. It is recommended to consult a lawyer experienced in anti-discrimination law.
• Ombudsman (Avocatul Poporului): The Ombudsman can investigate complaints of rights violations, which may include cases of discrimination.

Employer Responsibilities

Employers in Moldova have several responsibilities:

• Prevention of Discrimination: They must create and enforce policies that prohibit discrimination based on the protected characteristics mentioned above.
• Reasonable Accommodation: They are required to provide reasonable accommodations to employees with disabilities, unless it causes an undue hardship for the business.
• Complaint Mechanism: They must handle employee discrimination complaints through a formal internal process.
• Training: They must educate all employees, particularly managers, on anti-discrimination laws and promote a workplace free from discrimination.

In Moldova, the Labor Code of the Republic of Moldova governs the standards for working conditions.

Work Hours

The standard workweek in Moldova consists of 40 hours over a maximum of 5 days. Typically, an employee's workday cannot exceed 8 hours, although exceptions exist for specific industries, types of work, or based on collective agreements. Overtime work is permitted but has limitations. It must be agreed upon by the employee (except in emergencies), is generally limited to 120 hours annually, and requires additional compensation (at least 1.5x regular pay, 2x for holidays or non-working days).

Rest Periods

Employees are entitled to a rest break of at least 30 minutes for meal and rest during the workday. They must also receive at least 24 consecutive hours of rest per week, usually on Sundays. Moldova observes several public holidays where employees are generally entitled to a day off.

Ergonomic Requirements

While Moldova's labor laws include provisions for ensuring safe and healthy working conditions, specific ergonomic requirements are less detailed. However, employers have these general obligations:

• Maintain a work environment free from hazards that could cause harm to employees.
• Provide employees with instructions and training on how to perform their tasks safely, including proper ergonomic practices.
• Conduct risk assessments to identify potential ergonomic hazards and implement measures to mitigate them.

Moldova prioritizes worker well-being through a framework of health and safety regulations. Here's a breakdown of key aspects:

Employer Obligations

The Law on Safety and Health at Work (No. 186-XVI of 10 July 2008) outlines employer responsibilities:

• Risk Assessment and Prevention: Employers must identify potential hazards in the workplace and implement preventative measures to minimize risks. This includes providing Personal Protective Equipment (PPE) where necessary.
• Safe Work Environment: Employers are responsible for maintaining a workplace free from health and safety hazards. This includes ensuring proper ventilation, lighting, and sanitary facilities.
• Training and Information: Employees must be adequately trained on safety procedures, proper use of machinery, and how to identify and report hazards.
• Accident Reporting and Investigation: Employers must report any work-related accidents and illnesses to the relevant authorities and conduct investigations to prevent future occurrences.

Employee Rights

Moldovan employees have the following rights regarding health and safety at work:

• Right to a Safe Workplace: Employees have the right to work in an environment free from foreseeable risks to their health and safety.
• Safe Work Practices: Employees have the right to refuse to perform unsafe work and to report unsafe work conditions to their employer or the relevant authorities.
• Training and Information: Employees have the right to receive training and information on health and safety hazards specific to their job duties.
• Medical Examinations: In some cases, employees may be entitled to employer-provided medical examinations to assess their fitness for work.

Enforcement Agencies

Several agencies are responsible for enforcing health and safety regulations in Moldova:

• State Labor Inspectorate: This agency conducts inspections of workplaces to ensure compliance with health and safety regulations.
• National Agency for Public Health: This agency plays a role in ensuring workplace hygiene and sanitation standards are met.