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General considerations regarding the ceasing of the individual labour contract


Author: Eduard Boişteanu
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2006
Scientific adviser: Nicolae Romandaş
doctor, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 17 February, 2006
Approved by NCAA on the 29 June, 2006

Abstract

Adobe PDF document – 0.23 Mb / in romanian

Thesis

CZU 349.2 (043.2)

Adobe PDF document 0.93 Mb / in romanian
167 pages

Keywords

the right on work, freedom of work, the individual labour contract, the termination of the individual labour contract, the basis of the termination of the individual labour contract, dismissal of the worker, resignation of the worker, the collective labour contract, the collective agreement, guarantees and indemnifications to workers, the severance pay

Summary

The first chapter, under the heading “General considerations regarding the ceasing of the individual labour contract” offers a conceptual approach of the ceasing of the individual labour contract. The scientific research begins with the examination of the individual labour contract as a ground for the appearance of labour juridical relations. Also, a whole list of terms are examined which reveal the ways an individual labour contract ceases (the ceasing of a labour contract, the resignation of a worker, dismissing the employee, detaching the contract and the nullity of the contract).

The second chapter entitled “The ceasing of an individual labour contract in cases when it doesn’t depend on the will of the parts and on the employee’s own initiative“ discloses investigations in operating cases of the ceasing of the individual labour contract when it doesn’t depend on the will of the parts.

In the situations exposed in the articles 82, 305 and 310 from the Labour Code of RM, the legislative body attempted to cover juridically the ceasing of the individual labour contract, supervened as a result of a legal impossibility to unfold labour juridical relations.

In this chapter takes under analysis the dismissal of the employee which is an application of the principle of the free labour. It is thouroughly examined the notice (the basic condition for the resignation operation) and the juridical effects of the resignation.

The third chapter entitled “The ceasing of the individual labour contract on the employer’s own initiative“ is centered round the general and special effects of the ceasing of the individual labour contract on the employer’s own initiative. Cases of dismissing the employee on different personal reasons (disciplinary discharging, transfereing the employee to another unity, etc.). There are also cases which have nothing to do with the person himself (liquidating the unity, reducing the personnel staff, etc). It is revealed the procedure of dismissing an employee and the way of contesting the unfair dismissal of the employee.