Migration for Employment Convention (Revised), 1949 (No. 97) - Republic of Moldova (Ratification: 2005)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 1 of the Convention. Information on national policies, laws and regulations and bilateral agreements. The Committee notes the Government’s reference to Law No. 105/2018 on Employment Promotion and Unemployment Insurance which regulates employment promotion and migration for employment purposes. Under article 9 of this Law, the Ministry of Labour and Social Protection (MLPS) is responsible for developing, promoting and evaluating policies and normative acts, and for collaborating with central and local public administration authorities, as well as foreign competent authorities, for the purpose of managing labour migration. Article 10 determines the responsibility of the National Agency for Employment (ANOFM) to develop policies and implement employment measures and regulations in the field of employment promotion and labour migration and cooperate with the competent national and international authorities to ensure compliance with labour migration legislation and international treaties. Articles 24 et seq. of this Law prescribe the employment measures implemented through the territorial subdivisions for employment that include: (1) employment promotion measures and services, such as career guidance, employment intermediation, pre-referral services, vocational rehabilitation of people with disabilities, vocational training, subsidized employment, support for job creation or adaptation among other measures; (2) employment facilitation programs approved by the Government, such as unemployment prevention programs, territorial employment support programs, programs to facilitate the integration of migrants and national minorities into the labour market, programs facilitating the employment of unemployed persons; and (3) unemployment insurance. Under article 56(j), the Government is also responsible for negotiating and concluding international treaties with destination countries to ensure respect for the rights of migrant workers abroad, establishing the modalities of legal employment, general conditions of employment, labour protection and security measures, and mechanisms to ensure respect for the rights of migrant workers. With respect to bilateral agreements, the Government states that during the reporting period, ANOFM continued the implementation of the bilateral Agreement between the Government of the Republic of Moldova and the Government of the State of Israel on temporary employment of citizens of the Republic of Moldova in the construction sector in the State of Israel. Based on this Agreement, in 2022, 3,933 citizens were employed in the State of Israel. Furthermore, in the beginning of 2022 the provisions of the Moldovan-German Memorandum of Cooperation on the selection of Moldovan workers for seasonal work in Germany entered into force, resulting in the employment of 115 Moldovan citizens. Finally, in accordance with the Agreement between the Government of the Republic of Moldova and the Government of the Republic of Bulgaria, 52 Moldovan workers were employed on the territory of Bulgaria. The Committee takes notes of the recent legislative development, and the information provided on the bilateral agreements signed by the Government. The Committee asks the Government to provide information on the concrete measures implemented to give effect to the provisions of the Law 105/2018 on Employment Promotion and Unemployment Insurance, as well as on any assessment of its impact on the situation of migrant workers living in the country.

Migratory movements. The Committee notes the detailed statistical data provided by the Government in its report. The Government specifies that, in 2022: the General Inspectorate for Migration of the Ministry of Interior issued 3,496 decisions on granting/extending the right of temporary residence (2,553 - granting; 943 - extension) for employment purposes. It also points out that the main task of the General Inspectorate for Migration is to verify the legality of stay and placement in the labour market of foreign citizens and stateless persons and mentions the number of contraventions recorded in violation of article 334 of the Contravention Code no. 218/2008. The Government states that, during 2022, in accordance with article 334(1), 85 official reports were drawn up regarding the placement, in the labour force, of foreign citizens or stateless persons, temporarily staying in the Republic of Moldova, without a residence permit for work purposes. In accordance with article 334(2), 197 official reports were drawn up regarding the performance of work activity by foreign citizens or stateless persons, temporarily staying in the Republic of Moldova, without a residence permit for work purposes. During the first quarter of 2023, 14 and 32 official reports were issued in accordance with article 334(1) and (2) respectively.

The Government also specifies that ANOFM registers individual employment contracts of citizens to be employed abroad and labour intermediation contracts. During the reference period, 7,827 individual employment contracts of citizens employed abroad through private agencies were registered at ANOFM and 8,454 labour intermediation contracts concluded between private agencies and persons seeking employment abroad were registered. With respect to returnees, the Territorial Subdivisions for Employment (STOFM) registered 530 returnees as unemployed (1.5 per cent of all registered unemployed). The Government informs the Committee that a high share of returned migrants is observed in rural localities: 69.8 per cent (370 persons) among which 24.9 per cent (132) are women. Most migrants have no qualification/profession (30.8 per cent), and it is therefore more difficult for them to be employed. By age level, most were aged 35–49 (47.2 per cent), followed by those aged 30–34. The Government states that information services were provided to 487 people, 122 of whom were women. Intermediary services were provided to 271 persons, mostly from rural areas (66.8 per cent) and aged 35-49 (139 persons). 14 returnees received unemployment benefits during the reference period, of which 42.9 per cent were women. The professions most in demand by migrants are the following: ancillary workers, shipwrights, plasterers, carpenters, plate layers, unskilled agricultural workers, car drivers, etc. Most of the returnees registered as unemployed came from the following countries: Czechia, United Kingdom of Great Britain and Northern Ireland, France, Germany, Israel, Italy, Poland, Romania, Russian Federation, etc. In light of the above, the Committee requests the Government to continue to provide information concerning the number of incoming and outgoing migrant workers, including returnees, and the sectors of occupation concerned.

Information on national policy.Noting that the Government’s report does not respond to its previous comment on this matter, the Committee reiterates its requests to the Government to provide information on the concrete measures adopted for the implementation of the National Strategy on Migration and Asylum (2011–20) in the context of the national plan of action adopted for this purpose, particularly with regard to the protection of immigrant and emigrant workers and the services intended for them, as well as specific information on collaboration with workers’ and employers’ organizations, as envisaged in section 24(5) of Law No. 180-XVI on labour migration.

Articles 2, 3 and 4. Information and assistance services for migrant workers and misleading propaganda. The Government specifies that to ensure the integration process of foreigners, including access to the labour market, integration centres for foreigners are active and operate on a zonal basis. Moreover, the Government states that integration measures offered by the State encompass: (1) integration activities including specialized information sessions, socio-cultural accommodation sessions, Romanian language courses, employment measures, information/advice on obtaining Moldovan citizenship; and (2) specialized integration plans/programs, supported in whole or in part from public funds or from external funding sources and implemented through cooperation between central public authorities and/or with the support of local authorities and non-commercial organizations. The Government informs the Committee that, in the context of the latest amendments to the legal framework under Law No. 274/2011, provisions have been inserted regarding the role of the employer, who is considered responsible for the integration of the immigrant worker to the extent of the obligations assumed in the individual employment contract. The employer may pay for Romanian language courses for foreigners or carry out other integration measures with the support of the competent authority for foreigners.

With respect to Moldovan citizens, employment abroad is carried out in three ways: (1) on the basis of an individual contract of employment; (2) via an international treaty to which the Republic of Moldova is a party; and (3) through private agencies. In the latter case, chapter VII of Law no. 105/2018 on Employment Promotion and Unemployment Insurance provides for the procedure of labour intermediation and employment abroad of Moldovan citizens. The placement of Moldovan citizens in the labour force abroad shall be carried out by private agencies on the basis of the licence issued by the licensing body for carrying out this activity.

The Committee requests the Government to provide information on the impact of its measures aimed at integrating migrant workers, particularly through employment promotion initiatives as previously described. Please also outline the measures taken to maintain adequate and free services that assist foreign workers as well Moldovan migrant workers to ensure they receive accurate information. It also requests the Government to submit information on sanctions imposed when placement agencies, other intermediaries or employers disseminate misleading information to migrant workers.

Labour inspection. The Committee notes the Government’s indication that the MLPS has taken steps to amend the legislation on the operation of private agencies that facilitate labour placements abroad for Moldovan citizens. Chapter VII of Law no. 105/2018 on Employment Promotion and Unemployment Insurance regulates labour intermediation and employment abroad of Moldovan citizens and establishes a control mechanism and a set of requirements for private agencies to eliminate the risk of human trafficking and exacerbated placement fees, including the simplification of their licensing process to encourage agencies to legalize their activity and the regulation of circular migration as a whole. The State Labour Inspectorate (SLI) controls the activity of private agencies or unlicensed intermediaries and shall ascertain the following conditions: (a) possession of a license, and its validity; (b) the number of migrant workers placed in employment abroad through the private agency or unlicensed intermediary; (c) the period of activity and the presence of cases of collection of payments; (d) the correctness of the information given to the migrant worker on the place of work and employment rights in the labour intermediation procedure; (e) the intervention of the private agency in the settlement of the conflict or labour dispute arising after the placement of the migrant worker abroad; (f) actions taken by the private agency to inform the authorities of complaints by migrant workers concerning labour disputes and conflicts arising between the foreign beneficiary and the migrant worker placed in employment, as well as actions taken to resolve them; (g) the procedure of prior verification of the foreign beneficiary; (h) the existence of previous complaints against the private agency or the foreign beneficiary and their nature; and (i) the involvement of the private agency in the repatriation of migrant workers in accordance with the procedure established by the Government. According to the information provided by the Government, in 2022, ANOFM examined 108 draft employment intermediation contracts, of which 90 were approved and 84 draft individual employment contracts, of which 74 were approved. 88 sets of documents submitted for registration under the procedure of prior verification of the foreign beneficiary were examined, of which 74 that comply with the legal provisions were registered at ANOFM. SLI initiated 27 planned controls on compliance of the activity of private agencies and unlicensed intermediaries carrying out activities related to the placement of Moldovan citizens in the labour market abroad. It was found that 14 private labour placement agencies carry out their activities in accordance with the legal provisions, 7 private agencies declare no activity, 1 agency could not be found, 2 private agencies carry out labour placement activities in the country and are not subject to control by the SLI, 1 economic agent was removed from the State Register of Legal Entities and 2 private labour placement agencies had their licenses withdrawn by the licensing body. According to Article 633 of Law No. 105/2018, the SLI may also initiate unannounced controls of the activity of private agencies or unlicensed intermediaries on the basis of petitions submitted by persons seeking employment abroad or migrant workers placed in employment and where there is suspicion of human trafficking, forced labour, work in harmful conditions, work in hazardous conditions, as well as other forms of labour exploitation or sexual exploitation. The Committee takes note of the information provided on the supervision of private employment agencies. The Committee requests the Government to continue to provide information, including relevant statistical data, on the activities of the State Labour Inspectorate in regulating private agencies and addressing unlicensed operations. The Committee further asks the Government to submit information on the situation of private agencies carrying out labour placement activities in the country that are not subject to control by the State Labour Inspectorate.

Article 5. Medical services. HIV testing. The Committee notes that the labour legislation and in particular Law no. 121/2012 on ensuring equality prohibits any form of discrimination on the grounds of HIV-positive status at all stages of employment, and that Ministry of Health Order no. 790/2012 prohibits the requirement to perform a mandatory HIV test as a precondition for employment. However, it observes that foreign citizens are still subject to the obligation to submit a medical certificate confirming the absence of HIV/AIDS for residence and work permits. The Committee wishes, once again, to refer to Paragraphs 25 and 28 of the HIV and AIDS Recommendation, 2010 (No. 200), according to which: (1) “HIV testing or other forms of screening for HIV should not be required of workers, including migrant workers, jobseekers and job applicants”, and (2) “those seeking to migrate for employment, should not be required to disclose HIV-related information and be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status” (General Survey of 2016 concerning Migrant Workers, paragraph 252). The Committee requests the Government to take the necessary measures to amend its immigration legislation with a view to preventing discrimination against migrant workers by removing the requirement for a medical certificate confirming the negative HIV status of the migrant worker for the purposes of issuing work and temporary stay permits. The Committee also requests the Government to provide information on any progress achieved in this respect and on the number of migrant workers who have been refused entry in the Republic of Moldova on the basis of this requirement.

Article 6. Equality of treatment. The Government refers to three basic normative acts that apply to foreigners. First, Law No 200/2010 on the Regime of Foreigners in the Republic of Moldova which establishes that foreigners enjoy the same rights and freedoms as citizens. More specifically, article 842 of this Law provides that foreigners with the right of residence in the Republic of Moldova have the right to work and labour protection in accordance with the legislation in force and with the permission of the competent employment bodies. Foreigners are subject to taxes, duties and other payments, the same as citizens, unless otherwise provided for by international treaties to which the Republic of Moldova is a party. The employer is the party responsible for the integration of the immigrant worker to the extent of the obligations assumed in the individual employment contract, including paying for Romanian language or carrying out other integration measures, taking into account the needs and interests of the organization concerned. Secondly, Law No 270/2008 on asylum in the Republic of Moldova stipulates that the provisions of national legislation apply to asylum seekers without discrimination, regardless of race, nationality, ethnicity, language, religion, political affiliation, social category, beliefs, gender, sexual orientation, or age. Thirdly, Law No 274/2011 on the integration of foreigners in the Republic of Moldova establishes that the process of integration of foreigners shall be carried out in compliance with the principle of non-discrimination and equal treatment. The categories concerned by this Law are foreigners holding the right of temporary or permanent residence, foreigners recognized as stateless in the Republic of Moldova, and beneficiaries of international protection or political asylum. The Government further specifies that, with respect to medical services, foreigners with the right of residence and employed in the labour market have access to the national medical insurance system. Moreover, beneficiaries of international protection included in an integration program can obtain the status of an insured person in the compulsory health care insurance system, being classified as non-employed persons insured by the Government. The Committee takes note of the information provided by the Government regarding the existing national legal framework on the principle of equality treatment between nationals and migrant workers. The Committee requests the Government to provide information on any infringements of the principle of equality of treatment in respect of the matters enumerated in Article 6(1)(a) to (d) of the Convention detected or dealt with by the State Labour Inspectorate or any other competent authority, the sanctions imposed, and the remedies provided.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee requests once again the Government to specify whether migrant workers can continue to remain as permanent residents in the country, in the event of incapacity for work, with an indication of the applicable legislative provisions and, where appropriate, the number of such workers who have acquired the status of permanent residents.

Article 9. Transfer of earnings.The Committee once again asks the Government to specify whether there are provisions in the national legislation explicitly allowing migrant workers to transfer their earnings and savings, with an indication of any limits set out by the law.

Annex I. Article 8. The Committee reiterates its request to the Government to provide information on the penalties applicable under the national legislation to any person who promotes clandestine or irregular immigration, and any penalties applied in practice.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Information on national policies, laws and regulations and bilateral agreements. The Committee notes the adoption of the Law on labour migration (Law No. 180-XVI of 10 July 2008) determining the conditions for granting, extending and rescinding work and residence permits for foreign nationals in the Republic of Moldova and regulating procedures for nationals of Moldova to work temporarily abroad, including through approved private employment agencies. It also notes that Law No. 200 on the status of foreign nationals was adopted on 16 July 2010 to transpose a number of European Directives and that it determines the procedures for entry and residence on the national territory and the conditions for the expulsion of foreign nationals. The Committee notes the Government’s indication in its report that the amendment of these two laws is planned. The Committee also notes the adoption, on 27 December 2011, of Law No. 247 on the integration of foreign nationals, containing provisions on access to the labour market, and the adoption, between 2008 and 2012, of numerous government decisions on migration (evaluation of linguistic competence, immigration quota for employment, etc.). The Committee notes further the conclusion of two bilateral agreements on migration for employment in 2011 with the Russian Federation and with Italy, and the participation of the Republic of Moldova since June 2008 in the Mobility Partnership with the European Union with a view to improving management of migration. The Committee requests the Government to continue providing information on any developments in relation to the national policy and laws and regulations on emigration and immigration, with an indication of the legislative texts that have been amended or repealed following the adoption of Law No. 180-XVI on labour migration, as well as on any general agreements and special arrangements concluded on these matters.

Migratory movements. The Committee requests the Government to provide the following statistical data disaggregated by sex: (i) the number of foreign nationals working in the Republic of Moldova, with an indication, where possible, of their migration status (temporary, long-term or permanent) and the sectors in which they are engaged; and (ii) the number of persons who have migrated for employment and, where possible, the sectors in which they are employed.

Information on national policy. The Committee notes that the Government’s report does not contain information on the implementation of Part V of Decision No. 1386-XV of 2002 adopting the “Concept of migration policy” and establishing a number of priorities for the implementation of the policy, particularly with regard to the social protection of migrant workers, the establishment of an integrated information system on migration and asylum, and the promotion of the return and reintegration of migrant workers in the country. The Committee notes with interest that a National Strategy on Migration and Asylum (2011–20) was approved by Government Decision No. 655 of 8 September 2011 and that a national plan of action is envisaged for its implementation. The Committee also notes the adoption of a plan of action to promote the return and reintegration of Moldovan migrant workers (2012–14) and the establishment in the Ministry of Labour, Social Protection and the Family of a Department on Migration Policies, which develops policies on emigration for employment, promotes policies related to the social and legal protection of migrant workers, negotiates inter-governmental agreements on the employment of Moldovan nationals abroad and foreign nationals in the Republic of Moldova and cooperates with relevant international organizations. The Committee requests the Government to provide information on the measures adopted for the implementation of the National Strategy on Migration and Asylum (2011–20) in the context of the national plan of action adopted for this purpose, particularly with regard to the protection of immigrant and emigrant workers and the services intended for them, as well as specific information on collaboration with workers’ and employers’ organizations, as envisaged in section 24(5) of Law No. 180-XVI on labour migration.

Articles 2 and 4. Information and assistance services for migrant workers. The Committee notes the observations made by the National Confederation of Trade Unions (NCTU), attached to the Government’s report, in which it indicates that it has created a network of information centres in 11 district centres through which Moldovan citizens have the opportunity to obtain information on the risks and consequences of irregular migration and on the possibility of obtaining assistance in the field of labour relations. However, the NCTU emphasizes that there is no single institution at the national level with the competence to provide assistance to migrant workers and reliable information on conditions of migration abroad, and calls for the creation of such a body. The Committee notes that, according to the Government’s report, a “single window”, managed by the Department of Migration and Asylum, has been established to provide foreign nationals arriving on the national territory with the necessary documents to work and stay. It notes the Government’s indication that the examination of applications and the issuing of permits for migrant workers are free of charge. The Government adds that the National Employment Agency (NEA) provides free information services on immigration procedures and the legal framework applicable to labour migration for Moldovan and foreign nationals. Moreover, pilot information centres, the purposes of which include disseminating information on the risks of migration and the prevention of trafficking in persons, as well as labour market call centres accessible to both nationals and foreigners, have recently been established. Noting this information, the Committee requests the Government to continue providing information on the free information and assistance services available to migrant workers with the purpose of facilitating their departure, travel and arrival, with an indication of whether these services are financed through regular public funding and the manner in which their activities are monitored.

Article 3. Misleading propaganda. The Committee notes the observations of the NCTU that no institution is responsible for monitoring compliance with Law No. 180-XVI concerning the job vacancies issued by private employment agencies engaged in placing Moldovan nationals abroad (section 17(4)), the responsibility of unlicensed agencies or individuals (section 17(5)) and the temporary suspension of the licence where the licensee does not provide national applicants for employment abroad with valid and reliable information about employment opportunities, the work involved, the terms of the employment contract, remuneration, climate and living conditions in the country of destination (section 18(1)(d)). The Committee further notes that section 19(1)(f) explicitly provides for the withdrawal of the licence for employment placement activities abroad where the licensee directly or indirectly advertises false employment opportunities abroad. Noting that, under the terms of section 24(2)(b) of Law 180 XVI, the NEA is responsible for monitoring the activities of private agencies and compliance with the provisions respecting migration for employment, the Committee requests the Government to provide information on any measures taken by the NEA in practice, including imposing penalties, against misleading information relating to migration provided by private employment agencies or employers. Please also provide information on the measures taken to cooperate with other governments in this respect.

Article 5. Medical services. HIV testing. The Committee notes that, according to the Government’s report, Law No. 23-XVI of 16 February 2007 on HIV/AIDS prohibits mandatory HIV testing prior to employment, travel, access to health care or admission to an educational institution (section 15), as well as any form of discrimination based on HIV status at all stages of employment (section 22). The Committee also notes that Law No. 180-XVI on labour migration provides that, to receive a work permit and the right to temporary stay for a labour migrant, the employer shall submit to the NEA a medical certificate confirming that the person is HIV negative (section 7(8)(i)). However, the Committee understands from the Government’s report that the amendment of Law No. 180 XVI in this respect is planned. The Committee recalls that it considers that “refusal of entry ... on the grounds that the worker concerned is suffering from an infection or illness of any kind, which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination” (General Survey on migrant workers, 1999, paragraph 266). The Committee also draws the Government’s attention to Paragraphs 25 and 28 of the HIV and AIDS Recommendation, 2010 (No. 200), which provide that “HIV testing or other forms of screening for HIV should not be required of workers, including migrant workers, jobseekers and job applicants” and “[m]igrant workers, or those seeking to migrate for employment, should not be excluded from migration by the countries of origin, of transit or of destination on the basis of their real or perceived HIV status”. The Committee requests the Government to take the necessary measures to amend the provisions of Law No. 180-XVI with a view to removing the requirement for a medical certificate confirming the negative HIV status of the migrant worker for the purposes of issuing work and temporary stay permits, and to provide information on any progress achieved in this respect.

Article 6. Equality of treatment. With reference to its previous comments, the Committee requests the Government to provide full information on the practical measures taken to ensure that the provisions of the Labour Code (sections 3 and 8) and of Law No. 180-XVI on labour migration (section 4(2)) respecting equality of treatment between nationals and migrant workers covering all the matters enumerated in Article 6(1)(a) to (d) of the Convention are effectively applied in respect of all migrant workers lawfully residing in the country, including African and Asian migrant workers. It also requests the Government to provide information on any infringements of the principle of equality of treatment in respect of the matters enumerated in Article 6(1)(a) to (d) detected or dealt with by the labour inspection services or any other competent authority, the sanctions imposed and the remedies provided.

Article 8. Maintenance of residence in the event of incapacity for work. In the absence of a reply on this point in the Government’s report, the Committee requests the Government to indicate whether migrant workers can remain permanent residents in the country, with an indication of the applicable legislative provisions and, where appropriate, the number of workers who have acquired the status of permanent residents. Please also indicate the specific provisions in the national legislation which guarantee the right of permanent migrant workers to remain in the country in the case of incapacity for work, in accordance with Article 8 of the Convention.

Article 9. Transfer of earnings. The Committee notes the Government’s indication that, during consultations with destination countries, the Government calls for migrant workers to benefit from the right to transfer their earnings to their country of origin during their stay in the country. The Government indicates that the agreement with Italy provides for this possibility. The Committee requests the Government to indicate whether there are provisions in the national legislation explicitly allowing migrant workers to transfer their earnings and savings, with an indication of any limits set out by the law. Please continue providing information on any special arrangements which may exist for this purpose.

Annex I. Article 8. The Committee recalls that, under the terms of this Article of the Convention, any person who promotes clandestine or irregular immigration shall be subject to appropriate penalties. The Committee notes that the information provided by the Government seems to concern only the penal sanctions applicable to foreign nationals in an unlawful situation, and not persons who promote clandestine or irregular immigration. The Committee therefore requests the Government to provide information on the penalties applicable under the national legislation to any person who promotes clandestine or irregular immigration, and any penalties applied in practice.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s first report which refers to a wide range of laws and decisions relevant to the application of the Convention, the majority of which are not at the disposal of the Office. The Committee notes, in particular, the Law on Preventing and Combating Trafficking in Human Beings, the Government’s Decisions No. 1386-XV of 2002 on the Approval of the Concept of Migration Policy, No. 1077 of 1997 on Temporary Employment of Migrant Workers, No. 448 of 2006 on the Approval of the National Action Plan for Migration and Asylum, No. 903 of 2005 on the Approval of the National Plan for Preventing and Combating Trafficking in Human Beings, the Law on Licensing some types of activities of 2001 and the Order of the Licensing Chamber No. 12-g of 2006 on the approval of licensing terms and additional documents to be attached to the application for issuance of license. The Committee also notes that in July 2008 the Law on Labour Migration was adopted and a draft Law on the Status of Foreigners is currently being considered for adoption. The Committee requests the Government to submit copies, if possible in English, of the abovementioned laws and regulations, including the new Law on Labour Migration, and to keep the Office informed of any developments concerning the adoption of the draft Law on the Status of Foreigners. Please also clarify what laws and regulations have been amended or repealed as a result of the adoption of the Law on Labour Migration. The Committee will examine the abovementioned legislation together with the Government’s reply to the following points.

Article 1 of the Convention. Information on national policy. The Committee notes from the Government’s report that section V of Decision No. 1386-XV of 2002 adopting the “Concept on migration policy” establishes a number of priorities for the implementation of the national migration policy including the harmonization of the relevant national legislation with international standards, the conclusion of bilateral agreements on labour migration and social protection of migrant workers, the development of an integrated information system on migration and asylum and the promotion of the return and reintegration of migrant workers in the country. Moreover, the Committee notes the Government’s indication that the implementation of the national policy on migration will rely on the cooperation of employers’ and workers’ organizations and, more generally, of civil society. The Committee further notes that on 27 April 2006 the National Action Plan for Migration and Asylum was adopted by Decision No. 448 and then modified by Decision No. 1413 of 13 December 2006. The Committee requests the Government to provide further information on the implementation of section V of Decision No. 1386-XV, including information on the measures taken to ensure the participation of the social partners in the implementation of the national migration policy. Please also provide a copy of the National Action Plan for Migration and Asylum and, if possible, a summary in English of its main aspects.

Articles 2, 4 and 7.  Information and assistance services to migrant workers. The Committee notes from the Government’s report that the National Employment Agency (NEA) is responsible for providing information to potential migrants on the rules of entering, staying and performing labour activities, as well as on the conditions of residence in the country of employment. The Committee also notes that the NEA participates in drafting proposals on the implementation of programmes designed to facilitate the adaptation of migrants and is further called, among other things, to provide free labour mediation services for all categories of job seekers within the country. Furthermore, the NEA is a part of the World Association of Public Employment Service (WAPES), a network pursuing international cooperation between national employment agencies. The Committee requests the Government to provide additional information on the measures taken by the National Employment Agency to implement its mandate. The Committee also requests the Government to clarify whether the services supplied by the National Employment Agency are directed at both emigrants and immigrants and whether they are free of charge. In light of the increasing feminization of migration and the particularly vulnerable position in which many female migrants can find themselves, the Committee encourages the Government to take steps to provide information services specifically targeting women migrant workers. Please also supply information on the cooperation established under the WAPES with regard to migration issues.

Article 3. Misleading propaganda. The Committee notes the Government’s indication that the National Action Plans for Migration and Asylum encompass awareness-raising campaigns on the threats of illegal migration. Information campaigns are also being carried out (including through the mass media) with regard to the trafficking of human beings. The Committee also notes that a working group encompassing various ministries, including the Ministry of Social Protection, Family and Children and the Ministry of Economy and Trade, and the International Organization for Migration, was established to develop the actions called for under the Plan. The Committee further notes that on 13 March 2007 the project “Elimination of trafficking in human being in the Republic of Moldova and Ukraine through labour market-based measures” was launched under the auspices of the ILO. The Committee requests the Government to provide information on the implementation of these measures and their impact on preventing abuses in respect of migrant workers due to misleading information on the migration process. Please also supply statistical information on the dimension of the trafficking phenomenon and indicate whether any agreements have been signed with other interested States to combat misleading propaganda relating to both emigration and immigration.

Article 5. Medical services. HIV/AIDS testing. The Committee notes the Government’s indication that the Ministry of Health, the Ministry of Social Protection and the Ministry of Justice set out specific regulations on the compulsory medical check-up of immigrants and Moldovan citizens emigrating abroad for temporary employment. A special focus during these checks-up is placed upon detecting HIV/AIDS infections. The Committee notes that from a reading of sections 15.1(d), 23(f) and 32 of the Law on Migration and of sections 8 and 32 of the Law on the Legal Status of Status of Foreign Citizens and Stateless Persons, it can be concluded that a foreign citizen affected by HIV/AIDS may be deemed to represent a “threat” to the health of the population and may thus be prohibited from immigrating to the country or expatriated, if already admitted. The Committee stresses that the refusal of entry or repatriation on the ground that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination and is contrary to the Convention. The Committee requests the Government to ensure that no restrictions on the entry or repatriation of migrant workers due to a worker’s illness or infection unrelated to his or her ability to perform the work are applied.

Article 6. Equality of treatment. The Committee notes that under article 19 of the Constitution, foreigners enjoy the same rights as citizens. The Committee also notes that pursuant to sections 3 and 8 of the Labour Code, foreigners working on the basis of an individual labour contract with an employer carrying out his or her activities in the country are protected from indirect and direct discrimination in the field of work on the grounds of sex, age, race, nationality, creeds, political convictions, social origin, place of residence, physical, intellectual or mental disability, membership of trade unions or participation in trade unions’ activity and other criteria not related to professional qualities of the worker. However, the Committee notes that migrant workers from Africa and Asia are reported to face serious discrimination, including in the field of work (see European Commission Against Racism and Intolerance (ECRI), CRI (2008) 23, paragraph 54 and CERD/C/MDA/CO/7, paragraph 20, 16 May 2008). Moreover, the Committee notes that, according to the report compiled by ECRI in December 2007, African and Asian migrant workers are extremely reluctant to bring their cases before national courts (ECRI, CRI (2008) 23, paragraph 55). The Committee requests the Government to provide full information on the practical measures taken to ensure that the relevant national provisions covering the matters enumerated in Article 6(1)(a) to (d) of the Convention are effectively applied in respect of all migrant workers lawfully residing in the country, including African and Asian migrant workers. The Committee also requests the Government to supply information on any infringements of the principle of equality of treatment in respect of the matters enumerated Article 6(1)(a) to (d) detected by the labour inspectorate services, the sanctions imposed and the remedies provided.

Article 8. Continued residence in case of incapacity for work. The Government’s report seems to indicate that migrant workers admitted on a permanent basis in the country maintain their residence permit in case of incapacity for work deriving from illness contracted or injury sustained subsequent to entry. Please indicate the specific provisions in the legislation guaranteeing the right of permanent migrant workers to remain in the country in case of incapacity for work.

Article 9. Remittances. The Committee notes the Government’s indication that the issue of export and import of currency is regulated by Law No. 1569-XV of 20 December 2002. The Committee also notes that the Aeneas Project was launched with a view to developing a framework to direct migrants’ remittances towards the development of entrepreneurial activities in Moldova. Please provide further information on the implementation of the Aeneas project.

Article 10. Agreements for cooperation on migration issues. The Committee notes that an agreement for cooperation on migration issues was signed with Azerbaijan on 22 February 2007, while agreements on labour migration and social protection of migrant workers were signed with the Russian Federation in 1993, Italy in 2004 and Belarus and Ukraine in 1994. The Committee also notes that some other bilateral agreements concerning labour migration and social protection of migrant workers are being negotiated. The Committee further notes that in June 2008 the Government signed the EU Mobility Partnership Declaration. The Committee requests the Government to keep the Office informed on the number and scope of the agreements signed with regard to migration issues.

Annex I. Articles 3 and 5. Private recruitment agencies. The Committee notes that activities related to job placement of Moldovan citizens abroad are carried out on the basis of specific licences granted in accordance with Law No. 451-XV of 30 July 2001 on Licensing some Types of Activity. The Committee notes the National Employment Agency is mandated to control the labour contracts between the employer and the migrant worker, including whether information on the conditions of work have been included in the contract. The Committee further notes the Government’s indication that no private agencies are granted any licences to recruit immigrant workers. Moreover, the Committee notes that under Decision No. 1077 on Temporary Employment of Migrant Workers, private agencies are punished with the suspension or the withdrawal of their licence in case they provide information related to migration against payment. More generally, the Government indicates that the activities of private agencies are supervised by the Licensing Chamber, the National Employment Agency and the Labour Inspection. The Committee notes that during the reporting period about 12 licenses were withdrawn and two licences were suspended for breach of the law regulating the issuance of licences. The Committee requests the Government to continue to provide information on the monitoring activities carried out by the abovementioned competent bodies in respect of private recruitment agencies, including information on the sanctions imposed in case of breaches of the relevant regulations.

Annex I, Article 8. The Committee notes that the some amendments were introduced in the Criminal Code to give effect to Article 8 of Annex I of the Convention. Please supply a copy of these amendments and provide information on their application in practice.

Parts III to V of the report form. The Committee notes the Government’s indication that a Migration Policy Section was created within the Ministry of Economy and Trade with the mandate to draft policies on labour migration and the promotion of migrant workers’ social protection. The Committee also notes that no judicial decisions related to the application of the Convention were handed down during the reporting period. The Committee requests the Government to supply information on the activities carried out by Migration Policy Section. It also encourages the Government to take the necessary measures to promote public understanding as well as raise awareness of the issues covered by the Convention. Please also provide information on any judicial and administrative decisions related to the application of the Convention and on any violations detected by the labour inspectorate services in this regard, the sanctions imposed and the remedies provided.