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of June 14, 2018 No. 105

About assistance of employment of the population and insurance on unemployment

(In edition of the Law of the Republic of Moldova of 29.11.2018 No. 280)

Chapter I General provisions

Article 1. Law purpose

The purpose of this law is prevention and reduction of unemployment and its social consequences, decrease in risks of unemployment and providing the high employment level of the population and adaptation of labor power to work market requirements.

Article 2. Subject and sphere of regulation

(1) Provisions of this law regulate policy of assistance of employment of the population, the labor market, institutional system of employment of the population, measure for employment, and also legal relations which are established in case of implementation of measures for employment.

(2) Provisions of this law are applied to citizens of the Republic of Moldova, the physical persons and legal entities performing the activities in the Republic of Moldova or beyond its limits and also to the categories of foreigners provided in Items a), d) - g) parts (1) article 2 of the Law on integration of foreigners in the Republic of Moldova No. 274/2011.

(3) This law is not applied to workers immigrants, for provided by part (3) articles 45 exception.

(4) In case of application of provisions of this law any discrimination on the basis of race, nationality, ethnic origin, language, religion, beliefs, sex, age, limited opportunities, views, political affiliation, property status, social origin or any other sign is forbidden.

Article 3. Basic concepts

For the purposes of this law the following basic concepts are used:

the labor market - economic space in which meet, compared and freely labor demand of the owners of the capital acting as buyers and the offer of labor power are implemented by the owners that acting as offerers;

labor demand - actual demand in wage labor which is created at some point in the conditions of market economy and is expressed in number of the free workplaces offered by employers during the certain period of time on certain salary level;

the offer on work - work which members of society on work payment terms can execute, expressed number of able-bodied people or able-bodied population, available during certain period, from which the number of those who do not want to be engaged in any activities in view of availability of other means of livelihood or other occupations is subtracted;

person which is in job search - person who takes specific actions for independent job search or by means of the appeal to National employment agency of the population or to other service provider on employment;

measures for employment of the population - measure for reducing imbalance between the work demand and supply, including measures for assistance of employment of the population and passive measures of employment of the population (insurance on unemployment case);

measures for assistance of employment of the population - the measures directed to expansion of employment opportunities of persons which are in job search and also to stimulation of employers to employment of the unemployed and creation of new workplaces, the including services and active measures for employment of the population;

insurance on unemployment - the passive measure of employment of the population intended for insurance on case of unemployment of the social insurance of able-bodied person insured in the state system which cannot perform work according to the preparation on the reasons provided by the law and is implemented by means of provision to it for certain period of unemployment benefit;

suitable workplace - place of employment, including the place of employment taken for certain period which answers in total the following conditions:

a) corresponds to professional training or working experience of person;

b) suits person for health reasons;

c) is in the settlement of accommodation of person or at available distance outside that. Criteria of determination of available distance and distance which is considered available are established by the Government;

adaptation of workplace - set of the measures undertaken by the employer for assistance to implementation of right to work and to performance improvement of work for persons with limited opportunities on their workplace by means of equipment by the equipment, devices and auxiliary technologies taking into account individual needs of the corresponding person;

the help in employment - the applied method of support of persons specified in part (3) Articles 23, for obtaining and preserving paid workplace in the labor market;

emigration for the purpose of employment - voluntary movement of citizens of the Republic of Moldova out of country limits for the purpose of implementation of temporary labor activity;

the worker emigrant - the citizen of the Republic of Moldova who is constantly living in its territory who voluntarily goes to other country for the purpose of implementation of temporary labor activity;

private employment agency of the population (further - the private agency) - the private service provider on employment performing activities for set and employment of labor power in the country and/or abroad by rendering intermediary services in employment;

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