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LAW OF THE REPUBLIC OF MOLDOVA

of July 11, 2014 No. 130

About private grants

(as amended of the Law of the Republic of Moldova of 17.06.2016 No. 138)

The parliament adopts this organic law.

Chapter I. General provisions

Art. 1. – The purpose of this law is simplification of integration of youth into the labor market.

Art. 2. – For the purpose of this law the following concepts are used:

private grant – the monthly money allowance provided on the basis of the agreement by the legal entity of private law to person who is, on circumstances, pupil, the student, the undergraduate, the doctoral candidate or which studies in accredited educational institution (professional school, college or university) in the country or abroad;

the beneficiary employer – the legal entity of private law providing private grant instead of guarantee that the scholar will work certain period of time in its economic structure;

the scholar – person aged from 16 up to 35 years, enlisted on day form of education in the educational institution accredited according to the law, state or private, and getting private grant.

Chapter II. Provision of private grants

Art. 3. – Private grants can be provided on the basis of the agreement signed between the beneficiary employer and the scholar having location or residence in the Republic of Moldova. The beneficiary employer has the right to provide grants for training abroad.

Art. 4. – (1) Provision of private grants is performed on the basis of the public competition organized by the beneficiary employer which shall promulgate by posting not later than 15 days about day of tender of condition of participation in it, date, time and the place of its carrying out.

(2) Conditions of participation in tender are established taking into account object of activity of the beneficiary employer and its specific requirements.

(3) One scholar cannot get at the same time more than one private grant.

Art. 5. – The agreement on provision of private grant is signed in writing and constituted with observance of regulations of the current legislation on legal acts, obligations and agreements and without fail shall contain:

a) identification data and details of the parties;

b) educational institution, faculty and/or profile of specialization of the scholar;

c) sphere of activity and profile of specialization of the beneficiary employer;

d) duration of the agreement;

e) tasks and functions of the scholar;

f) rights and obligations of the Parties;

g) size of private grant;

h) total quantity of hours of practice which there shall undergo scholar according to the legislation on work.

Art. 6. – In case of the conclusion of the agreement on provision of private grant the scholar shall provide to the beneficiary employer the reference issued by educational institution in which it is specified:

a) GPA for ended academic year;

b) specialization profile – if it is necessary;

c) number of hours of practice, established by educational institution, – if those are established.

Art. 7. – The scholar to whom 18 years were not performed shall provide to the beneficiary employer directly expressed written consent of the legal representative; in case of the certificate of the agreement general rules of representation are applied.

Art. 8. – (1) the Agreement on provision of private grant can be signed since first year of training and before the end of study. Initial term of the agreement – one year with possibility of its prolongation.

(2) the Agreement on provision of private grant is prolonged using provisions of Article 5 and from observance of the following main conditions:

a) upon completion of academic year general point in case of specialization in the exact sciences – not below 7, and in case of specialization in the humanities – not lower than 8.

b) the scholar was not criminal punished and was not deducted;

c) the scholar did not violate other conditions enshrined in the agreement.

Art. 9. – (1) the Beneficiary employer shall organize use of theoretical skills of the scholar in practice according to the program installed by educational institution.

(2) the Beneficiary employer shall create to the scholar optimum conditions for training at extent of the entire period of receipt of private grant with observance at the same time of labor protection regulations.

Art. 10. – During provision of private grant the beneficiary employer cannot demand from the scholar of accomplishment of the services which are not provided by the agreement.

Art. 11. – The scholar shall observe in accuracy the program for practical application of theoretical knowledge and the training program offered by educational institution in which he studies.

Chapter III. Size of private grant

Art. 12. – (1) the Private grant is provided monthly ranging from one to three minimum wages over the country in the corresponding month.

(2) the Size of private grant is subject of negotiations and is established in case of the conclusion of the agreement in provided by part (1) limits.

Art. 13. – (1) the Number of persons to which the beneficiary employer provides private grants cannot exceed 20 percent of total quantity of his workers at the time of the conclusion of the agreement.

(2) Voided according to the Law of the Republic of Moldova of 17.06.2016 No. 138

Chapter IV. Obligations of the Parties

Art. 14. – (The scholar shall report 1) Upon completion of study for which the private grant was provided in writing to the beneficiary employer about the intentions concerning continuation of study or execution of an employment agreement.

(2) In case the scholar decides to sign the employment contract, he shall render services to the beneficiary employer which provided it private grant on the basis of the employment contract which conditions are stipulated by the parties.

(3) the Beneficiary employer shall sign the employment contract with the scholar in 30-day time from the date of the message to it intentions to sign the employment contract.

Art. 15. – (1) the Scholar shall not sign the employment contract with the beneficiary employer if terms of employment for work are not at least equal that which is provided by the legal entities performing similar activities.

(2) the Scholar can refuse execution of an employment agreement in the situation provided by part (1), only if provides to the beneficiary employer the offers on employment proceeding from at least two legal entities in which the working conditions offered by them would be specified.

Art. 16. – (1) Non-compliance with provisions of this law concerning the conclusion and agreement performance about provision of private grant attracts invalidity of the agreement.

(2) the Termination of contractual consequences comes in the cases provided by the current legislation including in case of situation of insolvency of the beneficiary employer, and also in case of bankruptcy or liquidation of economic structure. In such cases of the party are exempted from any obligations on the future from the moment of emergence of the corresponding situations.

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