of May 24, 2018 No. 85
About modification and amendments in the Labor code of the Republic of Moldova No. 154/2003
The Parliament adopts this organic law.
This law provides transposition of the Directive 98/59/EU of Council of July 20, 1998 about approximation of laws of the state members relating to staff reductions published in the Official magazine of the European Communities L 225 of August 12, 1998.
In the Labor code of the Republic of Moldova No. 154/2003 (Official monitor of the Republic of Moldova, 2003, Art. No. 159-162, 648), with subsequent changes and amendments, to make the following changes and addition:
1. In Article 42-1:
in Item c) parts (the words "with mass reducing workplaces" shall be replaced with words 2) "with collective dismissals";
in part (5) the last offer to exclude.
2. Item i) parts (Article 88 to declare 1) invalid.
3. Add the code with Article 185-1 of the following content:
"Article 185-1. Guarantees in case of collective dismissals
(1) Collective dismissals - the dismissals made by the employer on one or several bases which are not connected with the identity of the worker when throughout the 30-day period the number of dismissals constitutes:
a) at least 10 at the companies with number of persons employed from 20 to 99;
b) at least 10 percent of total number of workers at the companies with number of persons employed from 100 to 299;
c) at least 30 at the companies with number of persons employed 300 and more.
(2) In case of establishment of the actual number of persons employed, dismissed during collective dismissals, according to part (1) also workers whose individual employment contracts are stopped at the initiative of the employer owing to one or several bases which are not connected with the identity of the worker (stipulated in Item z) of part (1) Articles 86) are taken into consideration provided that the number of dismissals constitutes at least five.
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