LAW OF THE REPUBLIC OF MOLDOVA

of December 6, 2001 No. 714-XV

About Fund of employment of the population of the Republic of Moldova

The parliament adopts this organic law.

Chapter I General provisions

Art. 1. - The fund of employment of the population of the Republic of Moldova (further - Fund of employment) is created for the purpose of realization of policy in the field of employment of the population.

Art. 2. - The fund of employment is controlled at the national level and submits to National cash desk of social insurance (daleenatsionalny cash desk).

Art. 3. - In this law the following concepts are used in value:

measures for stimulation of employment able-bodied naseleniyafinansovy support of business entities in creation of new workplaces for the unemployed, and also the unemployed in the organization of business activity; other measures promoting employment of the unemployed;

financial year - period of time on which it is constituted and for which the budget is performed;

the noncompetitive population - persons incapable to compete in the labor market.

Chapter II Fund of employment

Art. 4. (1) - the Fund of employment is formed at the expense of the following sources:

a) the compulsory monthly insurance premiums correlated to salary fund, listed by the physical persons and legal entities employing workers;

b) the compulsory insurance premiums correlated to the added monthly salary the physical persons and legal entities listed by workers;

c) means for social protection of the unemployed according to the legislation provided in the government budget;

d) the money listed on the basis of the contracts and agreements signed with other states;

e) the funds transferred from other funds of purpose;

f) voluntary contributions of physical persons and legal entities;

g) the profit got from rendering services in use of labor power;

h) the means arriving according to recourse actions;

i) the means arriving from application of penalties;

j) subsidies from budget reserve fund of the national social insurance;

k) other legal sources.

(2) the Size of the fees of social insurance provided in Items and) and b) parts (1), it is established annually by the law on the budget of the national social insurance.

Art. 5. - (1) the Money which is saved up at the expense of fees of social insurance is listed by National cash desk in Fund of employment daily in proportion to the approved size of fees.

(2) - Fund of employment is assessed with tax according to the legislation.

Chapter III Use of fund of employment

Art. 6. - The money which is saved up in Fund of employment is used for:

a) implementation of measures for stimulation of employment of able-bodied population, including noncompetitive;

b) professional training and retraining of the unemployed and their employment;

c) involvement of the unemployed to paid social jobs;

d) financings of the researches, reports and analyses concerning the labor market, performed by specialized agencies by request of the Ministry of Economy and Infrastructure;

e) creations and contents of information system of the labor market, broad informing the population on the demand and supply in the labor market;

f) allowance payments on unemployment and other benefits the unemployed, stipulated by the legislation;

g) other purposes, stipulated by the legislation.

Art. 7. - Possible budget deficit of Fund of employment is covered at the expense of free money of the specified budget for previous year, and in the absence of those - from budget reserve fund of the national social insurance.

Art. 8. - (1) the Money is transferred by National cash desk into the special bank account of Fund of employment opened according to the legislation and is stored on it.

(2) the Free money of the budget of Fund of employment is source of the income determined by the agreements signed by National cash desk with the State Treasury or commercial banks.

Art. 9. - The remaining balance of the budget of Fund of employment which is formed in the end of the year is postponed to the next year as the income of the specified budget. These means are used according to the legislation and cannot be redistributed by National cash desk on other purposes.

Art. 10. - Means are represented to Fund of employment in lei.

Chapter IV Procedure for development and approval of the budget of fund of employment

Art. 11. - The budget of Fund of employment is component of the budget of the national social insurance and is independent of budgets of other Social Insurance Funds.

Art. 12. - The budget statement of Fund of employment is developed by executive directorate of Fund of employment with participation of the Ministry of Economy and Infrastructure and social partners.

Art. 13. - At the scheduled time the executive directorate of Fund of employment submits for consideration to National cash desk the budget statement of Fund of employment for the next financial year with explanatory note for the purpose of inclusion it in the bill on the budget of the national social insurance.

Art. 14. - (1) the Financial year of the budget of Fund of employment matches with calendar year.

(2) Performance reports of expenditure items of the budget of Fund of employment are submitted to quarterly National cash desk, the Ministry of Economy and Trade and National bureau of statistics.

(3) If the budget of Fund of employment was not accepted three days before the expiration of its execution, before approval of the new budget the appropriate section of the law on the budget of the national social insurance for previous year is applied.

Chapter V Management of employment of fund

Art. 15. - (1) Control of Fund of employment is exercised of its executive directorate.

(2) Supervision of activities of executive directorate of Fund of employment is exercised by National cash desk.

(3) the Executive directorate of Fund of employment approves the activities with Department of employment of the population.

(4) Regulations on activities and numerical structure of executive directorate of Fund of employment affirm the Government on common offering of the Ministry of Economy and Infrastructure and National cash desk. In provision the procedure for creation and functioning of executive directorate is established.

Art. 16. - (1) the Executive directorate of Fund of employment is headed by the director appointed to position and dismissed by the chairman of National cash desk according to the offer of the Ministry of Economy and Infrastructure.

(2) the Director of executive directorate Fonda of employment is the main manager of the credits of the budget of Fund of employment.

Art. 17. - The executive directorate of Fund of employment performs the following functions:

a) performs financing of the expenses provided in Article 6;

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