Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Private Employment Agencies Convention, 1997 (No. 181) - Republic of Moldova (Ratification: 2001)

Article 8 of the Convention. Protection of migrant workers. The Committee notes the detailed information provided by the Government concerning the bilateral agreements for the protection of migrant workers. It notes in this regard than an agreement between the Government of the Republic of Moldova and Israel provides that temporary workers from the Republic of Moldova have the right to join trade unions. The Committee further notes that Law No. 180 on Labour Migration was amended to include sanctions, including the withdrawal of a license, in cases where the private employment agency recruiting for work abroad does not contribute to solving conflicts between a worker and the employer in the country of destination. In order to ensure protection of migrant workers, the Government monitors the activities of private employment agencies through the National Employment Agency by, for example, examining and approving the cooperation agreements between intermediaries at employment and the individual employment contracts, verifying if provisions are in conformity with national legislation. Individual employment contracts of citizens employed abroad must also be registered with the National Employment Agency. The Committee invites the Government to continue to provide information on the bilateral agreements concluded to prevent abuse and fraudulent practices in recruitment, placement and employment and to inform of any new legislative developments for the protection of migrant workers recruited on its territory by private employment agencies.

Articles 10, 13 and 14. Investigation of complaints and adequate remedies. Cooperation. The Government indicates that it has recorded an increase in the number of private employment agencies in the last two decades, which has led to an intensification of international labour migration. It adds that the activities of private employment agencies have had a positive impact on the labour market, contributing to increasing the level of employment and diminishing the unemployment rate. The Committee notes that 78 licensed private employment agencies are operating in the Republic of Moldova, offering services domestically and abroad. It also notes that an association of employment agencies has been established and one of its functions is to make proposals and adopt, with the authorities, joint measures to combat illegal employment activities. The Committee request the Government to provide information on the machinery and procedures for the supervision of the implementation of the Convention (Articles 10 and 14 of the Convention) and on the cooperation between the public employment service and private employment agencies (Article 13). Please also include extracts from reports of the inspection services, information on the number of workers covered by the Convention, as well as updated information on the measures taken to eliminate fraudulent and illegal private employment agencies.

Article 11. Rights of workers employed by a private employment agency. The Government indicates that the national legislation guarantees protection concerning social security, regardless of whether the employer is an employment agency. Moreover, as regards the rights of workers employed by a private employment agency abroad, Law No. 180 on Labour Migration ensures protection in the field of social security of migrant workers. Amendments to Law No. 180 are also being settled to include the liquidation of the enterprise or termination of the employment contract before the term, on the employers’ initiative. The Committee invites the Government to provide updated information on the provisions guaranteeing adequate protection for the workers employed by a private employment agency concerning compensation in case of insolvency and the protection of workers claims (Article 11(i)).

Article 12. Allocation of responsibilities between private employment agencies and user enterprises. The Government reiterates that the allocation of the responsibilities and obligations of the parties has been determined by the Entrepreneurship Act and other legal texts. The Committee requests the Government to provide an extract of the corresponding provisions of legislative texts allocating the respective responsibilities of private employment agencies and user enterprises for each of the areas covered by this provision of the Convention.