Human Resources

Article 85 of the Labor Code of Moldova: resignation at the employee’s initiative and the procedure for submitting an application

Resignation at the employee’s initiative may seem like one of the simplest HR procedures. The employee writes an application, the employer prepares the order, and the parties end the employment relationship. However, in practice, mistakes often occur in such situations: the notice period is calculated incorrectly, the application is not registered, the employee changes their mind, the final settlement is delayed, and the documents are not completed properly.

In Moldova, resignation at the employee’s initiative is regulated by Article 85 of the Labor Code of the Republic of Moldova. This provision establishes how an employee may terminate an individual employment contract on their own initiative, how many days in advance the employer must be notified, when the employee may leave earlier than the general notice period, and what the employer must do on the last working day.

For the employer, Article 85 is no less important than it is for the employee. If the resignation is documented incorrectly, even a voluntary departure may turn into a labor dispute, a complaint, or a risk of financial claims.

Source: Labor Code of the Republic of Moldova, Article 85, official register Legis.md.

What article 85 of the Labor Code of Moldova regulates

Article 85 of the Labor Code of the Republic of Moldova is called Resignation, meaning termination of employment at the employee’s initiative. It applies when an employee independently decides to end the employment relationship and notifies the employer in writing.

The main principle behind this rule is freedom of labor. An employee is not required to remain in an employment relationship against their will. However, the law requires a procedure to be followed so that the employer can organize the handover of tasks, prepare HR documents, and make the final settlement.

As a general rule, an employee has the right to terminate the individual employment contract on their own initiative by notifying the employer through a written application 14 calendar days in advance. This period begins on the day following the date on which the application is registered.

Resignation at the employee’s initiative: what it means in simple terms

The legal basis is the employee’s own expression of will, stated in a written application.

This is why the key document in this procedure is the employee’s application. Without it, resignation under Article 85 may become disputable, especially if the employee later claims that they did not want to terminate the employment relationship or were forced to write the application under pressure.

It is important to distinguish Article 85 from other grounds for terminating an individual employment contract. For example, dismissal at the employer’s initiative is regulated by Article 86 of the Labor Code of the Republic of Moldova and is allowed only in cases expressly provided by law. Termination of the employment contract by mutual agreement, on the other hand, requires the consent of both parties, not only the employee’s initiative.

You can read more about the procedure for dismissal at the employer’s initiative and other grounds for terminating employment in the FlagMAN-D article: Employee dismissal in Moldova: step-by-step guide according to the Labor Code.

What notice period applies to resignation under article 85

The general notice period for resignation at the employee’s initiative is 14 calendar days. This means that not only working days are counted, but also weekends, holidays, and non-working days.

In everyday speech, this period is often referred to as “working off” the notice. However, from a legal point of view, it is more accurate to speak about a prior notice period. The employee is not “working off” a punishment, but informing the employer of their decision to terminate the employment relationship.

The period does not start from the moment the application is written, but from the day following the date on which it is registered by the employer. Therefore, it is important for both parties to record the date of receipt: an incoming registration number, a note on the application, electronic registration, or another method of confirmation.

For whom the notice period is one month

For certain positions, a longer notice period is established. The head of the enterprise, the head of a branch or representative office, their deputies, as well as the chief accountant have the right to resign on their own initiative by notifying the employer through a written application one month in advance.

This rule is explained by the nature of these positions. A manager or chief accountant usually has access to key documents, management information, financial data, and internal company processes. Therefore, the employer needs more time to organize the handover of responsibilities, appoint responsible persons, and prepare a replacement.

For a business, this is especially important: if a manager, deputy, or chief accountant resigns, the procedure cannot be reduced only to issuing a resignation order. The company should organize in advance the handover of documents, access rights, reporting, contracts, seals, electronic signatures, and other working tools.

Systematic accounting helps businesses avoid mistakes in documents, reporting, and tax obligations. FlagMAN-D provides accounting support services for companies in Moldova and helps keep financial processes in order.

When an employee may resign earlier than 14 days

Article 85 provides situations in which the employer is required to accept the resignation within the period indicated by the employee in the application. This means that the employee may ask to terminate the individual employment contract earlier than the general 14-day period if there is a legal ground for doing so.

Such situations include, in particular:

retirement;
establishment of a degree of limited capacity;
childcare leave;
enrollment in an educational institution;
relocation to another locality;
care for a child under 14 years of age;
care for a child with disabilities;
election to an elective position;
employment through a competition in another organization;
violation by the employer of the individual or collective employment contract;
violation by the employer of labor legislation.

In such cases, it is advisable for the employee to indicate the reason in the application and attach supporting documents, if available. For example, a document confirming enrollment in an educational institution, proof of relocation, a medical certificate, a retirement document, or confirmation of employment through a competition.

For the employer, this is also important: if the ground is confirmed, refusal to terminate the employment relationship within the period indicated by the employee may create the risk of a dispute. Therefore, each non-standard situation should be assessed separately.

Can the employee leave earlier by agreement with the employer

Yes. Even if the employee does not have a special legal ground for resigning earlier than 14 calendar days, the parties may agree on an earlier date for terminating the individual employment contract. This ground is provided by Article 85 paragraph (3¹) of the Labor Code of the Republic of Moldova, according to which, by agreement between the employee and the employer, the individual employment contract may be terminated before the expiry of the established notice periods.

In this case, it is important to formalize the agreement in writing. This may be the employer’s resolution on the application, a separate written agreement, or another document clearly showing that both parties agreed on the date of termination of the employment relationship.

A practical mistake is to agree verbally on an earlier departure while leaving a different date in the documents. In the event of a dispute, the documents will be decisive.

How to properly submit an application for resignation at the employee’s initiative

An application for resignation at the employee’s initiative must be in writing. It is advisable to include:

the employee’s full name;
position;
the employer’s name;
a request to terminate the individual employment contract at the employee’s initiative;
the desired date of termination of the employment relationship;
the date of submitting the application;
the employee’s signature.

If the employee asks to be released earlier than the general notice period, it is better to indicate the reason and attach supporting documents.

The employer, in turn, should register the application. Without registration, it is more difficult to prove the date from which the notice period begins. In practice, this may be done using an incoming number, a note on the application, a correspondence register, or an electronic document management system.

Proper HR documentation does not begin at the moment of resignation, but from the first day of the employment relationship. You can read about the conditions that should be included in the contract in the article: Employment contract in Moldova: checklist of mandatory clauses to protect your business.

Can the employee withdraw the resignation application

Yes. Article 85 provides the employee with the right to withdraw the resignation application. Within 7 calendar days from the date of submitting the application, the employee may withdraw it or submit a new application canceling the first one.

However, there is an exception. The employer may continue the resignation procedure at the employee’s initiative if, before the application was withdrawn, an individual employment contract had already been concluded with another employee in accordance with the law.

For the employer, this means that the employee cannot be automatically dismissed simply because the application has already been written. It is necessary to check whether the withdrawal was submitted within the established period and whether circumstances exist that allow the resignation procedure to continue.

For the employee, it is important that the withdrawal is also made in writing and that the employer registers the document.

What happens after the notice period expires

After the notice period expires, the employee has the right to stop working. The employer, in turn, is required to formalize the termination of the individual employment contract, make the full settlement, and issue documents related to the employee’s work activity.

Usually, the employer must:

prepare the order or decision on termination of the individual employment contract;
inform the employee of the document in the established manner;
pay the salary and other amounts due;
calculate compensation for unused vacation, if applicable;
issue documents related to the employee’s work;
correctly reflect the termination of the employment relationship in HR and accounting documents.

If, after the expiry of the notice period, the employee was not actually released from the position and continues to work without written confirmation of their wish to resign, resignation based on the previously submitted application is not allowed. This is an important safeguard against a situation where the employer tries to use an old application later, after the employee has already continued the employment relationship.

We help companies manage HR documentation without mistakes: prepare individual employment contracts, orders, applications, vacation documents, and resignations in accordance with Moldovan legislation.

What payments are due upon resignation at the employee’s initiative

In the case of resignation under Article 85, the employer must pay the employee all amounts due as of the date of termination of the employment relationship.

Usually, this includes:

salary for the time actually worked;
compensation for unused annual leave;
other payments, if they are provided by the individual employment contract, collective agreement, internal documents, or law.

It is important not to delay the final settlement. Even if the employee leaves voluntarily, the employer’s obligation to pay salary rights remains. Calculation errors, late payment, or lack of supporting documents may become grounds for claims by the employee.

What documents are needed for resignation under article 85

The set of documents depends on the specific situation, but usually includes:

the employee’s resignation application;
registration of the application in the internal document flow;
if necessary, documents confirming the right to resign earlier than the general period;
the order or decision on termination of the individual employment contract;
calculation of salary and compensation;
documents issued to the employee upon termination of the employment relationship;
notes and entries in internal HR documents.

If the employee withdraws the application, this withdrawal should also be kept in the HR file. If the parties have agreed on an earlier resignation date, it is better to record this agreement in writing.

How resignation under article 85 differs from termination of the employment contract by mutual agreement

Resignation under Article 85 and termination of the individual employment contract by mutual agreement, under Article 82¹, are often confused, but they are different grounds.

In the case of resignation under Article 85, the initiative comes from the employee. The employee submits an application, observes the notice period, and the employer formalizes the termination of the employment relationship.

In the case of termination of the individual employment contract by mutual agreement, under Article 82¹, the decision is made by both parties. The employee and employer jointly agree on the date, conditions, and procedure for terminating the contract.

The difference is important because the legal ground determines the HR documentation. If the employee wants to resign on their own, Article 85 applies. If the parties jointly agree to terminate the contract, the corresponding agreement must be prepared under Article 82¹.

Choosing the wrong legal ground may lead to a dispute, especially if one of the parties later states that they did not agree with the chosen termination procedure.

What to do if the employer does not accept the application

Sometimes an employee faces a situation where the employer refuses to accept the application or does not place a receipt note on it. In this case, it is important not to limit the matter to a verbal discussion, but to ensure proof that the application was submitted.

The employee may:

submit the application through the office or responsible person;
ask for a receipt note to be placed on the application;
send the application by registered mail;
use electronic document flow if it is accepted in the company;
keep proof of sending and receipt.

For the employer, refusing to accept the application usually does not solve the problem, but only increases the risk of conflict. It is much more appropriate to register the document, check the deadlines, and complete the procedure in accordance with the law.

What to do if the employee changes their mind about resigning

If the employee changes their mind about resigning and submits a withdrawal of the application within the established period, the employer must carefully review the situation.

Practical algorithm for the employer:

Register the withdrawal of the application.
Check the date of the initial application and the date of withdrawal.
Make sure whether an individual employment contract has already been concluded with another employee for this position.
Record the decision regarding the withdrawal.
Do not issue the resignation order if there are no legal grounds to continue the procedure.

If the order has already been prepared, but the resignation has not yet taken place, it is necessary to assess whether HR documents can be canceled or corrected. Such situations should be analyzed individually, because mistakes may lead to a labor dispute.

If the situation is non-standard or there is a risk of dispute, it is better to obtain a consultation in advance. You can read more about how consultations help employers in the article: Labor law and HR consulting: protection that works for your business.

How the employer can reduce risks in resignation under article 85

For resignation at the employee’s initiative to take place without conflicts, the employer should build a clear HR procedure.

It is recommended to:

use approved templates for applications and orders;
record the date of receipt of all documents;
check resignation deadlines in advance;
formalize any agreements on changing the date in writing;
keep all documents in the employee’s personnel file;
make the final settlement on time;
avoid mixing different grounds for termination;
seek consultation in non-standard situations.

Special attention should be paid to resignation of employees in key positions: managers, accountants, financially responsible persons, HR specialists, and managers with access to commercial information. In such cases, it is important not only to formalize the resignation, but also to organize the handover of responsibilities, access rights, and documents.

You can read more about why it is important to properly maintain and store HR documents in the FlagMAN-D article: Maintaining and storing employee personnel files.

Frequently asked questions about article 85 of the Labor Code of Moldova

Is it necessary to work 14 days when resigning at the employee’s initiative in Moldova?

It is more accurate to speak not about “working off” the notice, but about a prior notice period. As a general rule, the employee notifies the employer 14 calendar days in advance. In certain cases, resignation may take place earlier.

Are the 14 days working days or calendar days?

Article 85 of the Labor Code of the Republic of Moldova provides for 14 calendar days. Therefore, weekends and holidays are also included.

Can the employer refuse resignation at the employee’s initiative?

If the employee has submitted a written application and the legal requirements are met, the employer must formalize the termination of the employment relationship. Refusal to accept the application may create the risk of a dispute.

Can a resignation application be submitted by email?

This depends on the company’s internal document flow and the possibility of confirming that the employer received the application. The main point is to keep proof of submission and the date of receipt.

Is it necessary to indicate the reason for resignation?

In a regular situation, the reason is not mandatory. However, if the employee asks to be released earlier than the general notice period, it is better to indicate the reason and confirm it with documents.

What if the employee becomes ill after submitting the application?

Sick leave itself does not cancel the previously submitted application. However, the employer should carefully check the deadlines, documents, and factual circumstances in order to correctly formalize the termination of the employment relationship.

What payments are due upon resignation under article 85?

The employee must receive all amounts due: salary, compensation for unused vacation, and other payments if they are provided by law, the individual employment contract, or the company’s internal documents.

Conclusion

Article 85 of the Labor Code of Moldova gives the employee the right to terminate the employment relationship on their own initiative. However, for the employer, this is not merely a formality. It is necessary to correctly accept and register the application, calculate the notice period, take into account the employee’s right to withdraw the application, issue the order, make the final settlement, and provide the necessary documents.

The main risk for the business lies not in the fact of resignation itself, but in incorrect documentation of the procedure. Even if the employee truly wanted to leave, mistakes in the documents may lead to claims, inspections, and labor disputes.

If you want to be sure that an employee’s resignation or departure is documented correctly, FlagMAN-D specialists can help prepare HR documents, check deadlines, calculate payments, and reduce the risks of labor disputes. Contact our team to build safe HR processes in accordance with the labor legislation of the Republic of Moldova.

FlagMAN-D

2026-07-24 13:03