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Moldova, Republic of - Substantive requirements for dismissals


Substantive requirements for dismissals (justified and prohibited grounds) - Moldova, Republic of - 2017    

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Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 86 LC.
    Art 88 (1) a) LC on economic dismissal.
    In addition, the necessity of the dismissal is to be proved before the court by the employer (art. 89 LC).


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • Art. 86 LC provides for a list of valid grounds (24) for dismissal of an employee under a fixed-term contract and an indefinite-term-contract.


Prohibited grounds: pregnancy; maternity leave; family responsibilities; race; sex; religion; political opinion; social origin; nationality/national origin; trade union membership and activities; disabilities; place of residence
Remarks:
  • Art. 8 LC: general prohibition of discrimination in the sphere of employment. In addition to those grounds, are listed the place of residence and "other criteria not connected with professional qualities".
    *Art. 251 LC: prohibits dismissal of pregnant women, women on maternity leave or child nursing leave and workers who are taking care of children under 6 except in the cases of
    enterprise liquidation.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with family responsibilities
Remarks:
  • *Art. 87 LC: dismissal of trade union representative is admitted only with the preliminary consent of the trade union body.
    Dismissal of a trade union member on certain grounds requires the preliminary consent of the trade union from the enterprise. In other cases, preliminary consultation with the trade union is required.

    *Art. 251 LC: prohibits dismissal of pregnant women, women on maternity leave or child nursing leave and workers who are taking care of children under 6 except in the cases of
    enterprise liquidation.