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- Title
PROBLEMATICA ADMISIBILITĂŢII CLAUZEI PENALE ÎN DOMENIUL RAPORTURILOR DE MUNCĂ ÎN LEGISLAŢIA REPUBLICII MOLDOVA.
- Authors
BOIŞTEANU, Eduard
- Abstract
This article clarifies some legal aspects regarding the legality of incorporating the penalty clause in the individual employment contract by the employer. According to the author, the civil law regarding the penalty clause is not applicable – for the most part – to labor relations, as it contravenes the specificity of this category of relationships. However, there are also exceptional situations in which the application of the penalty clause in the field of employment relationships has a justified character. Thus, the employer has the right to incorporate a penalty clause in the field of vocational training of employees, when the employer, by virtue of it, obtains the possibility of requesting from the employee the reimbursement of expenses incurred during the apprenticeship or continuous professional training if the employee resigns or is dismissed for disciplinary reasons before the expiry of the term stipulated in the contract. Another situation, except, where the legislation in force admits the application of the penalty clause, concerns the obligation of the young specialists to reimburse the expenses for their training, incurred from the state budget, in case of not fulfilling the obligation to work for 3 years after graduation according to the state distribution.
- Subjects
LABOR contracts; INDUSTRIAL relations; FINES (Penalties); EMPLOYEE training; VOCATIONAL education; EMPLOYEE rights
- Publication
Universul Juridic, 2019, Issue 10, p57
- ISSN
2393-3445
- Publication type
Article