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LAW OF THE REPUBLIC OF MOLDOVA

of June 14, 2018 No. 105

About assistance of employment of the population and insurance on unemployment

(as amended on 07-07-2022)

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 and policy in the field of labor migration, 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.

(1-1) This law regulates mediation conditions in case of employment and employments of citizens of the Republic of Moldova abroad, and also provides protection of the citizens of the Republic of Moldova who are located in job search abroad or performing labor activity abroad.

(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 by part (1) article 2 of the Law on integration of foreigners in the Republic of Moldova No. 274/2011, except for of foreigners owners of the right to temporary stay to study or for the purpose of labor activity.

(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 taken by the employer for assistance to implementation of right to work and to performance improvement of work on workplace of person with limited opportunities taking into account individual needs of the corresponding person by means of equipment by the auxiliary equipment, devices and technologies, hiring of support personnel and adaptation of space;

the help in employment - the service rendered free of charge to persons specified in Item c) parts (3) Articles 23, private service providers of the help in employment for the purpose of ensuring access to work, 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, constantly or temporarily living in its territory which is employed is subject to employment or was employed for the purpose of implementation of paid activities in the territory of the country of appointment;

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 within the country and/or abroad by rendering intermediary services in employment;

the agreement on mediation in case of employment - the prisoner between the private agency and the worker emigrant the agreement under which one party (the private agency) (worker emigrant) shall address other party, by rendering intermediary services, as the intermediary in case of establishment of employment relationships;

the unlicensed intermediary - physical person or legal entity which performs intermediary activities for employment like the private agency, without having the license for such activities;

the foreign beneficiary - the employer - physical person or legal entity or the intermediary from the country of destination who intends to hire or otherwise to employ the worker emigrant in the market of labor power of the respective country;

the independent worker - the worker emigrant performing economic activity in the territory of the country of appointment as authorized, individually and independently, physical person or as the entrepreneur - the owner of sole proprietor company or the organization of other legal form in accordance with the terms, stipulated by the legislation countries of destination;

the seasonal worker emigrant - the worker emigrant performing labor activity in the territory of the country of appointment during accomplishment of seasonal works which owing to climatic conditions can be carried out to certain period of year;

the temporary worker emigrant - the worker emigrant who is employed in the country of destination on the basis of the contract for certain term and whose activities seasonal aspects of work do not affect;

NEET youth - young people at the age of 15-29 years which do not enter occupied population do not study / do not study in system of formal education and are not involved in any rates or other types of preparation out of system of formal education.

Article 4. Labor market

(1) In the Republic of Moldova the right freely is guaranteed to each person to choose profession and place of employment, and also the right to insurance on unemployment.

(2) the Labor market in the Republic of Moldova is free and constitutes basis for realization of right to work and the right to social protection of able-bodied persons.

(3) At the national and territorial levels monitoring of situation in the labor market and market developments of work is performed by means of system of the statistics considering:

a) working-age population;

b) labor power;

c) occupied population;

d) persons which are in job search;

e) unemployed;

f) vacant workplaces;

g) unemployment benefit;

h) the population which left unemployment by employment or which abandoned the labor market;

i) level of unemployment.

(4) the System of statistics and methodology of their calculation are established by National bureau of statistics together with the Ministry of Labour and Social Protection.

(5) the National employment agency of the population conducts statistics on the basis of own indicators.

(6) the National employment agency of the population creates the information system of the market of labor power containing source documents and own databases, information of participants of the labor market and manages this system.

Article 5. Qualifier of occupations of the Republic of Moldova

(1) the Qualifier of occupations of the Republic of Moldova (further - the Qualifier of occupations) represents the system of identification, hierarchy, codification of occupations in economy developed by the Ministry of Labour and Social Protection on the basis of the International standard classification of occupations (BIM, ISCO-08) together with the ministries and other central administrative authorities and the interested organizations.

(2) the Structure of the Qualifier of occupations affirms the Government.

(3) Content of the Qualifier of occupations and any its updating affirm the order of the Minister of Labour and Social Protection at the request of interested persons or based on the law and are published in the Official monitor of the Republic of Moldova.

(4) Rules of maintaining the Qualifier of occupations and entering of changes into it affirm the Minister of Labour and Social Protection.

(5) Use of the Qualifier of occupations is obligatory when filling official documents.

Chapter II Development, coordination, realization and control of policy in the field of assistance of employment of the population and in the field of labor migration

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