LAW OF THE REPUBLIC OF MOLDOVA

of July 10, 2008 No. 180-XVI

About labor migration

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Basic concepts

For the purpose of this law the following concepts are used in value:

labor migration - voluntary movement of citizens of the Republic of Moldova abroad, and also voluntary arrival of foreigners in the Republic of Moldova for the purpose of implementation of temporary labor activity;

the worker immigrant - the foreigner having the right to perform temporary labor activity in the territory of the Republic of Moldova;

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

the recalled worker - the skilled foreigner officially working at the company with the location in the territory of other state, who is temporarily recalled based on the service provision agreement and/or performance of works or the document on sending out on business to the beneficiary applicant from the Republic of Moldova for implementation of activities according to the agreement or the document on sending out on business;

the seasonal worker - the foreigner/citizen of the Republic of Moldova, the Republics Moldova working at the territory / other state based on the individual employment contract signed for certain term or for the certain work which is carried out during certain period of calendar year;

the border worker - the citizen of the state, adjacent with the Republic of Moldova, working in border zone in the territory of the Republic of Moldova and the citizen of the Republic of Moldova working in border zone of the state, adjacent with the Republic of Moldova, returning daily or, at least, once a week to the territory of the state in which he constantly lives and which citizen is;

the foreign intermediary - the legal entity irrespective of form of business and type of property given the right of mediation and set of foreign workers;

the agreement on cooperation - the agreement signed between the beneficiary applicant or the authorized intermediary of one contracting party and the beneficiary applicant or the authorized intermediary of other contracting party, providing the rights and obligations of the Parties for the purpose of rendering services in matching of labor power and to employment;

the beneficiary applicant - company/organization/organization - the legal entity of public or private law irrespective of type of property and form of business which hires foreigners or uses foreign labor power;

the highly-skilled employee - the foreigner who has skills, special and important for production and researches, in the relation the technician, processes, procedures or enterprise management. In case of assessment of this knowledge are considered as the special skills necessary for implementation of activities of the company, and possession of qualification of high level for the certain work type or certain activities requiring special technical knowledge including belonging to accredited specialty.

Article 2. Regulation subject

This law regulates implementation of temporary labor activity by workers immigrants, conditions of provision, prolongation and withdrawal of the right to labor activity and the rights to temporary stay for the purpose of labor activity, and also condition of temporary employment of citizens of the Republic of Moldova abroad.

Article 3. Scope of the law

(1) Operation of this law extends to the foreigners who arrived to the territory of the Republic of Moldova for the purpose of implementation of temporary labor activity on physical persons and on legal entities irrespective of form of business and type of property, on bodies of public management, on citizens of the Republic of Moldova who will temporarily emigrate abroad for the purpose of employment.

(2) the following categories of persons do not fall Under operation of this law:

a) personnel of diplomatic representations and consular establishments, the international organizations accredited in the Republic of Moldova and members of families of personnel;

b) the foreign journalists accredited in the Republic of Moldova;

c) the artists and cultural workers who arrived to the short-term period (up to 90 days), and also personnel of on-stage performance groups, including administrative and serving, decreased/arrived to tours;

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