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

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Articles 1(1)(c) and 2(1) of the Convention. Definition of private employment agencies. The Committee notes the adoption of the Law on the Promotion of Employment and Unemployment Insurance (Law No. 105/2018), as amended, which repeals Law No. 102/2003 on the Employment and the Social Protection of Jobseekers. The Government indicates in its report that Law No. 105/2018 defines “private employment agencies” in section 3, and that private employment agencies (PEAs) provide employment services in the country and/or abroad, as stipulated in Article 1(1)(a) and (b) for all categories of jobseekers. The Committee recalls that Article 1(1)(c) includes in the definition of private employment agencies (PEAs) that provide services relating to jobseeking (other than those listed in subparagraphs 1(a) and 1(b)), as determined by the competent authority after consulting the most representative employers and workers organizations, such as the provision of information, that do not set out to match specific offers of and applications for employment. The Committee requests the Government to indicate whether private employment agencies in the country which are abilitated to provide services covered under Article 1(1)(c) of the Convention. The Committee also requests the Government to provide a copy of Law No. 105/2018, and to continue to provide information on any developments in law or practice regarding the regulation and operation of private employment agencies.

Article 8. Protection of migrant workers. The Committee notes the Government’s indication that, in 2018, the Government signed a bilateral agreement with the government of Bulgaria with respect to migrant workers. The Government indicates that, under the bilateral agreement, migrant workers enjoy the same legal protection in respect of personal and property rights in the territory of the State of the Receiving Party as do its citizens. The Committee requests the Government to communicate updated information concerning the number of migrant workers in the country that are placed by private employment agencies and to indicate how it ensures that migrant workers recruited or placed in its territory by private employment agencies are provided with adequate protection and not victims of abuse.

Articles 10, 13 and 14. Investigation of complaints and adequate remedies. Cooperation. The Committee notes that, pursuant to Law No. 105/2018 and Law No. 131/2012 on the state control of entrepreneurial activities, the State Labour Inspectorate is responsible for monitoring the activities of private employment agencies, with the participation of the Center for Combating Trafficking in Persons, the Licensing Body and the National Agency.

The Committee also notes the Government’s indication that, as of 2019, there were 76 private employment agencies in the Republic of Moldova holding a license for the job placement of citizens domestically and/or abroad. With regard to cooperation between public and private employment agencies, the registered and licensed private employment agencies are required to submit report on a quarterly basis to the National Employment Agency (NEA), relating to intermediaries and persons employed abroad. In this respect, the Committee notes the statistical information provided by the Government indicating that, in 2018, 3,108 persons were employed through 36 PEAs. The Committee also notes that, according to the Government, meetings and seminars on relevant legislative amendments are held with the participation of private employment agencies. The Committee requests the Government to provide detailed updated information on the consultation process with the social partners in the periodic review of conditions to promote cooperation between the public employment service and private employment agencies (Article 13(1)). The Government is also asked to provide information on the formulation, establishment and periodic review of the conditions under which public and private employment service cooperate, including as regards the provision of statistical information and as regards the disclosure of the structure and activities of private employment agencies. The Committee also requests the Government to include information on the measures taken by the national competent authority to investigate fraudulent practices, investigate complaints and alleged abuses by private employment agencies, involving as appropriate the most representative employers and workers organizations (Articles 10 and 14).

Article 11. Protection of the rights of workers employed by private employment agencies. The Committee previously requested the Government to provide updated information on the provisions guaranteeing adequate protection for the workers employed by PEAs operating as described in Article 1(1)(b), with regard to compensation in case of insolvency and the protection of workers’ claims. The Committee notes the Government’s indication that workers employed by a private employment agency abroad enjoy the rights provided under the legislation of the country of destination, while the terms of their individual labour contracts must comply with the provisions of Law No. 105/2018. In addition, the Government indicates that, pursuant to section 61 of Law No. 105/2018, PEAs must verify the fulfilment of clauses in individual labour contracts concluded between citizens of the Republic of Moldova and the beneficiary applicant from abroad. The Committee requests the Government to provide further information on the provisions of Law No. 105/2018 regulating contracts of employment between private employment agencies and citizens of the Republic of Moldova working abroad, including information on the manner in which adequate protection of workers in relation to the subjects listed in Article 11(a)–(j) of the Convention is ensured under such contracts. In addition, the Committee once again requests the Government to indicate the provisions guaranteeing adequate protection for the workers employed by a private employment agency covered by Article 1(1)(b), which employs workers with a view to making them available to a user enterprise, including with regard to compensation in case of insolvency and the protection of workers claims.

Article 12. Allocation of responsibilities between private employment agencies and user enterprises.The Committee once again 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 Article 12 of the Convention.