Question of the day

The law amending certain legislative acts, which provides for amendments concerning employment policies and labour migration, was adopted and published in the Official Gazette.

Among the main provisions is the revision of the measure subsidising the employment of persons with disabilities and persons requiring additional support in the labour market by reducing the mandatory retention period from 36 months to 18 months, with the aim of attracting employers to apply this measure.

It also specifies the categories that require additional support when hiring, including young people aged 16-24 from devalued families, young orphans, left without parental care, under guardianship or curatorship.

Other provisions are:

• Shortening the period from 6 to 3 months for the repeated registration of unemployed people deregistered for such reasons as: obtaining the status of unemployed following submission of false documents, intentional failure to report to ANOFM for employment intermediation, etc.;
• Regulating the concept of “assisted employment”, the concept of “NEETs” and their identification services (NEETs) for the purpose of integration into the labour market, as well as how to implement assisted employment services and the integration of NEETs into the labour market through the ANOFM;
• No requirement to register as unemployed on the basis of a home visa.

The law also provides for the exclusion of the obligation to coordinate with the ANOFM the cooperation agreement with the foreign employer or intermediary and the simplification of the procedure for legalising documents, i.e. notarial authentication instead of apostillation.

Other amendments aim to introduce information guarantees aimed at adequately informing the citizen of the risks, rights and obligations arising from employment abroad.

The intermediation contract is also regulated, which is another mechanism to protect citizens of the Republic of Moldova who are to benefit from the services of private placement agencies. The mediation contract is proposed to be a binding contract concluded between the jobseeker abroad and the private agency, whereby the interests of migrant workers are represented vis-à-vis employers and intermediaries abroad, with a view to the effective placement of the worker and the subsequent conclusion of an individual contract of employment, provision of services or other similar contracts.

The rule also provides for the accountability of private agencies by introducing the method of intervention of the private agency in cases of labour disputes or conflicts between the migrant worker and the employer. Establish a new mechanism to ensure it by empowering the State Labour Inspectorate with control powers in the field of labour intermediation through private agencies. The State Labour Inspectorate will carry out unannounced and planned checks, including jointly by the Centre for Combating Trafficking in Persons and other bodies governed by the law. The penalties for the infringements identified will be laid down in the Criminal Code and the Code of Criminal Procedure.

The MSMPS is currently in the process of developing the mechanism for implementing the new provisions introduced by the Amending Law. The amendments are to enter into force from 2021.

Source: bizlaw.md