Natura juridică plurivalentă a „detaşării” în cadrul raporturilor de muncă [Articol]

Abstract

In the present article the authors distinguished some ways through which the posting is implemented under the R. Moldova labor law in public and private sectors. So, the basic rule on posting within the legal employment is the written consent of the employee to be sent temporarily (usually up to one year but not more than 5 years) by his employer (legal entity) to another employer (also a legal entity) to carry out certain activities, with the guarantee of keeping a salary not lower than the one received on the main job, as well as the costs of travel, accommodation etc. If in private sector, private labor relations, the refuse to be posted does not constitute grounds for dismissal, then in the public labor relations, the civil servants are forced by the law, in most ca¬ses, to accept posting („on duty”) to another public authority, under the legal threat of dismissal. While analyzing different special laws, there were established a variety of forms of posting: besides the typical form of posting from Labor Code, the law provides a complex form called „transfer posting”, an employment relationship specific for diplomatic missions. The authors provide, de lege ferenda, that it would be appropriate that such employment relationship to be regulated also in private sector.