Consultation on the emigration of the labour force

The citizens of the Republic of Moldova can be employed abroad on the basis of the individual labour contract. The individual labour contract is a contract, signed between two parties, the employee and the employer, the employee is obliged to fulfill the tasks, and the employer must assure the employee with the conditions to fulfill the activity and the payment for the effectuated work.

The individual labour contract must be signed before the citizen leaves the country. The individual labour contract can be signed independently or through the intermediary of the private employment agency, which has the license for the activity of employment of the citizens of the Republic of Moldova abroad.

The individual labour contract must contain the following information:

• date and place of the conclusion of the contract;
• data about the employer and the employee;
• duration of the contract;
• function of the employee;
• salary for the program hours and for the work in other conditions as well as the modality of payment;
• taxes and retentions from the salary;
• working and rest hours;
• modality of payment of the transportation expenditures (in both directions);
• conditions of living;
• conditions of work;
• medical insurance and insurance against work accidents;
• obligations of the employee and of the employer;
• conditions of the cancellation and of the prolongation of the contract;
• responsibility of the parties for the non-observance of the contract conditions.

According to the national legislation, the citizens of the Republic of Moldova , employed abroad, have to register, before they leave the country, at the National House for Social Insurances as the payers of the social insurances. After that, the emigrant worker must register the individual labour contract at the National Employment Agency and present a Xerox copy for the deposit.

In case of addressing to the private employment agency, the citizen must find out:

• if the economic agent activates legally (is registered according to the legislation in force and has a license for the activity, connected to the employment of the citizens of the Republic of Moldova abroad;
• has a license of employment in the proposed state;
• where will be signed the contract;
• who will open the visa;
• clauses of the individual labour contract.

The economic agents, which effectuate the activity, connected to the employment of the citizens of the Republic of Moldova abroad, do not have the right:

• to operate on the basis of the contract of cooperation with the foreign partner or his license with the term of validity expired;
• to operate with another partners, at another address, on the basis of another contracts of cooperation, than those indicated in the license;
• to take the payment from the citizens for the contract of mediation services or before the conclusion of the individual labour contract;
• to take the payment from the solicitant for the introduction of the personal data in the data base of the agency;
• to impose to the emigrant worker the condition to transfer to any of his bank account or a foreign intermediator a part of salary gained abroad.

In order to effectuate the work activity abroad, the emigrant worker has to:

• sign an individual labour contract;
• obtain a visa of work;
• make a permit of work and a permit of stay.

Respecting these rules, the emigrant worker:

• assures a decent life and activity;
• is respected by the inhabitants and the administrative bodies of the destination country;
• may ask for the observance of his rights;
• has the same rights as the national workers;
• contributes to the formation of a good image of the native land.

Non-respecting these rules, the emigrant worker is exposed to the risks of:

• amendment;
• arrest;
• deportation;
• interdiction to the immigration;
• infringement of the rights for a job and a worthy salary, medical insurance and social protection, security of work, insurance against the accidents of work, addressing to the judicial bodies .