Dismissing an employee in Moldova is a complex legal process that requires strict compliance with labor laws. Improper procedures can result in serious legal and financial consequences for the employer.
According to labor dispute statistics, a significant portion of wrongful termination lawsuits in Moldova are upheld by courts due to procedural violations by employers. Let’s examine how to handle dismissals correctly, avoid negative consequences, and comply with the Labor Code of Moldova 2025.
According to labor dispute statistics, a significant portion of wrongful termination lawsuits in Moldova are upheld by courts due to procedural violations by employers. Let’s examine how to handle dismissals correctly, avoid negative consequences, and comply with the Labor Code of Moldova 2025.
Key stages of dismissal under the Labor Code of Moldova
Documentary justification
Regardless of the reason for termination, a complete set of supporting documents must be collected:
- At the employee's initiative – a written resignation letter signed by the employer.
- In case of staff reduction – reorganization order, employee notifications, documents on alternative job offers.
- For disciplinary violations – reports on violations, written explanations, witness statements.
Compliance with notice periods
Moldovan legislation sets clear timeframes and procedural requirements for notifying employees in case of dismissal. An employee has the right to terminate the individual employment contract on their own initiative (resignation) by submitting a written notice 14 calendar days in advance, or in a shorter period under the circumstances outlined in Article 85(2) of the Labor Code of the Republic of Moldova. For company managers, their deputies, and chief accountants, the notice period is one month.
When dismissal is initiated by the employer, the following notice periods apply:
Additionally, during the entire notice period, the employee must be granted at least one paid working day per week (at average salary) to search for a new job.
In cases of dismissal for disciplinary violations as listed in Article 86(1), points g)–k), m), o)–r), prior notice is not required.
When dismissal is initiated by the employer, the following notice periods apply:
- 2 months – in the event of company liquidation or staff/position reduction;
- 1 month – in case of unsatisfactory performance of individual efficiency indicators during the year (if a performance evaluation procedure is in place);
- 14 calendar days – if the employee is a statutory old-age pensioner.
Additionally, during the entire notice period, the employee must be granted at least one paid working day per week (at average salary) to search for a new job.
In cases of dismissal for disciplinary violations as listed in Article 86(1), points g)–k), m), o)–r), prior notice is not required.
Issuing the dismissal order
The order must include:
- Complete employer and employee details.
- Clear grounds for dismissal with reference to the relevant article of the Labor Code.
- Termination date.
- Information on compensation payments.
Final settlement and payments
On the day of dismissal, the employee must receive:
- Salary for the actual working period.
- Compensation for unused vacation.
- Severance pay (for staff reduction) equivalent to the average weekly salary for each year of work.
Proper dismissal requires strict adherence to legal formalities. We can assist you in preparing documents correctly, minimizing risks, and avoiding labor disputes.
Special cases of dismissal
1. Dismissal during probation
It is allowed without providing a reason, but even in this case, an official order must be issued indicating the specific article of the Labor Code.
2. Dismissal of financially responsible employees
Before termination, an inventory check and handover report must be completed. Without this, the dismissal may be challenged in court.
3. Dismissal of pregnant women and young parents
Moldovan law provides special protection for these employees. Dismissal is only possible in cases of company liquidation or serious disciplinary violations, requiring strict documentation.
A properly handled dismissal starts long before the employee’s last working day. Timely consultation with labor law specialists can help prevent costly mistakes and protect your business reputation.
Human resource management requires a professional approach at all stages – from recruitment to proper dismissal. FlagMAN-D helps companies comply with labor laws, reduce HR risks, and implement transparent personnel management processes.