Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - République de Moldova (Ratification: 2005)

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.