Procedure of employment abroad

Temporary employment abroad of the Moldovan citizens shall be carried out independently on the bases of the individual employment contract concluded before the departure from the Republic of Moldova , via private employment agencies, that hold a relevant license or in accordance with bilateral agreements.

In case when the citizen of the Republic of Moldova is temporarily and independently employed abroad, he has to fulfill the following conditions:

·                       receive the individual employment contract;

·                       register the individual employment contract at the National House for Social Insurance and pay the social insurance contributions;

·                       register the individual employment contract at the National Employment Agency;

The individual employment contract must contain the following clauses:

·                       date and place of the conclusion of the individual employment contract;

·                       data concerning the employer:

o                                    complete and abbreviated name;

o                                    name, surname and function of the manager of the enterprise,

o                                    institution, organization;

o                                    juridical address;

o                                    name of the state body of registration in the country of destination,

o                                    number and date of registration;

·                        data concerning the emigrant worker: name and surname; date and place of birth; place of residence; social status; number of the passport, citizenship; studies; profession, at which is employed the emigrant - worker;

·                       wages of the emigrant worker and its equivalent in foreign currency; terms and modality of payment of the salary: for the work during the program-time (8 hours per day); for the work after program-time; for the work during the night and in unfavorable conditions; compensation for the work on weekends and holydays; the bonus, supplement to the salary, as well as all the allowances, stipulated by the legislation;

·                       duration of the week-break;

·                       annual paid vacation;

·                       conditions of alimentation;

·                       modality of payment of transportation expenditures from the sending country to the country of destination and back;

·                       ensuring with comfortable living places, corresponding to the sanitary norms;

·                       ensuring of the favorable and safe working conditions;

·                       ensuring of the emigrant workers with special clothing and other means of individual protection;

·                       medical insurance (who is paying it);

·                       organization of the training in the field of labour protection; compensation of the damages in the result of the work accidents, professional diseases; transportation of the injured person or of the dead person in the sending country; examination of the work accidents and of the cases of the professional illness, perfection and sending of the documents to the diplomatic missions and consular offices of the sending country;

·                       observance of the legislation of the receiving country;

·                       observance of the work discipline and technological discipline;

·                       fulfillment of the production norms;

·                       fulfillment of the dispositions of the employer concerning the activity of work;

·                       observance of the settled mode of keeping of material goods and documents;

·                       keeping of the technological and commercial secrets, according to the legislation in force of the receiving country;

·                       observance of the rules of labour protection;

·                       material responsibility for the damages caused to the employer;

·                       conditions of prolongation or cancellation of the individual employment contract before the expiration of its validity term;

·                       modality of transfer of the earned means;

·                       responsibility of the parts for the non-observance of the individual employment contract, the way of settlement of the disputed issues;

·                       taxes and the size of the income taxes;

·                       term of validity of the individual employment contract, the beginning and the end of the labour relations.

The private employment agencies have the right to:

·                       perform the activity related to the employment abroad of Moldovan citizens in compliance with the legislation in force;

·                       contribute to the conclusion of the individual employment contracts of the citizens who apply for a job abroad;

·                       provide job mediation services by matching the labour supply and demand;

·                       create and manage their own database in terms of job offers, applicants qualifications, publish information about vacancies and in terms for their occupation;

·                       incorporate professional associations in compliance with the legislation in force.

 

The private employment agencies must:

·                       receive the license for the activities related to the employment abroad of the citizens of the Republic of Moldova and comply with the licensing terms and the legislation in force;

·                       sign agreements on cooperation with the foreign employer/intermediary on the bases of the license or another document that confirms the right to employ or mediate, issued by the competent bodies of the country of employment for the respective partner;

·                       provide free of charge the applicants for jobs abroad with detailed reliable information about the employment opportunities abroad, the terms of the individual employment contract, weather and living conditions, the culture of the country of employment;

·                       provide free of charge services of labour mediation;

·                       conclude with the job applicant a contract on the mediation of employment abroad;

·                       hand in to the emigrant worker the individual employment contract, before his departure from the territory of the country;

·                       register the individual employment contracts at the National Employment Agency;

·                       create and manage their own database by registering all applicants for jobs abroad, vacant jobs, emigrant workers employed via agency and the validity period of the individual employment contract.

 

The private employment agencies shall not be entitled to:

·                       operate on the basis of an expired agreement on cooperation with the foreign partner or its expired license;

·                       cooperate with other partners at another address, on the bases of other agreements on cooperation than those indicated in the license;

·                        receive the payment from the citizens for the employment abroad and offered services;

·                        charge the applicant a fee for the entry of the personal data in the database of the agency;

·                       force the emigrant worker to transfer on any of its accounts or the account of the foreign intermediary a part of his salary earned abroad;

 

Rights and liabilities of emigrants workers  

The Moldovan citizens, who have applied for a temporary job abroad, shall enjoy the rights stipulated in the Constitution of the Republic of Moldova, the legislation in force, the international treaties, which the Republic of Moldova is party to, and the rights stipulated in the legislation of the country of employment.

 

The emigrant worker shall be entitled to :

·                       choose his temporary workplace abroad in compliance with the legislation in force of the Republic of Moldova and the legislation of the country of employment;

·                       be appropriately informed about the characteristics of the workplace, required qualifications, working and living conditions (including living costs), remuneration, social security, dwelling, savings transfer as well as salary deductions for taxes and other fees;

·                       defend his rights and interests in law and administrative courts of the host country and be protected by the state via diplomatic and consular missions;

·                       other rights provided for in the legislation in force.

 

The emigrant worker must:

·                       register the individual employment contract at the National Employment Agency;

·                       register the individual employment contract at the National House for Social Insurance and pay the social insurance contributions;

·                       observe the legislation of the country of employment and the internal rules of the employer;

·                       be documented according to the legislation of the country of employment;

·                       observe the clauses of the individual employment contract;

·                       not exceed the legal term for staying on the territory of the country of employment;