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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.

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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.

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The Committee notes the information contained in the Government’s report received in September 2009. The Government states that, according to Law No. 103-XV of 13 March 2003 on Employment and Social Protection and Law No. 180-XVI of 19 July 2008 on Labour Migration, private employment agencies are not allowed to charge fees to workers mediated domestically or internationally (Article 7, paragraph 3, of the Convention). The Government has established a system of permanent monitoring of all mediation activities through the labour inspection and trade unions and during 2008 the activities of 11 private agencies were suspended for certain periods. The Committee asks the Government to continue to provide information on the machinery for the supervision of the implementation of the Convention (Articles 10 and 14) and on collaboration between the National Employment Agency and private employment agencies (Article 13). It requests the Government to provide additional information on the following points.

1. Equality of opportunity and treatment for women and ethnic minorities. The Government states that, while targeted programmes by private employment agencies in the sense of Article 5, paragraph 2, do not exist, 70 per cent of the applicants successfully mediated within the country were women. With regard to discrimination of ethnic minorities, the Committee notes that the Labour Code prohibits any form of discrimination based on ethnicity. The Committee therefore invites the Government to provide information in its next report on the measures envisaged to ensure equality of opportunity and treatment for all workers by private employment agencies, especially with regard to ethnic minorities (Article 5, paragraph 1).

2. Article 8. Protection of migrant workers. The Committee notes the detailed information provided concerning the bilateral agreements for the protection of migrant workers concluded with certain European Union and neighbouring countries. It also notes the coming into force on 1 January 2009 of Law No. 180 on Labour Migration stipulating the rights and obligations of private employment agencies in the mediation of employees abroad. It notes the Government’s statement that the monitoring of compliance with national legislation, as carried out by the labour inspection and trade unions, still lacks a well-defined mechanism for the mediation of Moldovans abroad. In this context, the Committee further notes the training seminars with regard to aspects of labour migration for private employment agencies conducted by the Office with government ministries and workers’ and employers’ organizations. The Committee invites the Government to include information on the measures taken or envisaged to ensure that workers recruited to work abroad by private employment agencies are not denied the right to freedom of association (Article 4). The Committee further invites the Government to continue providing information on the bilateral agreements concluded to prevent abuse and fraudulent practices in recruitment, placement and employment and to keep it informed of any new legislative developments for the protection of migrant workers recruited on its territory by private employment agencies (Article 8).

3. Article 11. Rights of workers employed by a private employment agency. The Government indicates in its report that the national legislation guarantees to all workers, including those employed by a private employment agency, the rights set out in Article 11. The Committee requests the Government to specify in its next report the provisions guaranteeing adequate protection for the workers employed by a private employment agency in the fields of social security (Article 11(e)) and compensation in case of insolvency and the protection of workers claims (Article 11(i)).

4. Article 12. Allocation of responsibilities between private employment agencies and user enterprises. The Government again indicates that the allocation of the reciprocal responsibilities and obligations of the parties has been determined by the Entrepreneurship Act and other legal texts. The Committee requests the Government to also specify the manner in which the legislative texts referred to by the Government in its report have allocated the respective responsibilities of private employment agencies and user enterprises in each of the areas covered by Article 12.

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1. The Committee notes with interest the information contained in the Government’s report received in September 2005. The Government indicates that, after consulting the social partners, it adopted Act No. 100-XVI of 27 May 2005 amending the provisions respecting private employment agencies: section 10(4) prohibits private employment agencies from offering their services to young persons, in accordance with the request made by the Committee in its previous comment (Article 9 of the Convention). It also notes that 11 permits were withdrawn in 2004, following investigations carried out as a result of complaints. It hopes that in its next report the Government will continue to provide information on the investigation of the activities of private employment agencies (Article 10) and on collaboration between the National Employment Agency and private employment agencies (Article 13). It requests the Government to provide additional information on the following points.

2. Equality of opportunity and treatment for women and ethnic minorities. The Committee notes that private employment agencies do not offer special services or targeted programmes designed to assist the most disadvantaged workers in their jobseeking activities (Article 5, paragraph 2). It also notes the provisions intended to guarantee equality and prohibit discrimination in employment. It recalls that, under Article 5, paragraph 1, of the Convention, measures also have to be taken to promote equality of opportunity and treatment for workers in the activities of private employment agencies. In this respect, the Committee wishes to refer to the comments that it is making on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), particularly with regard to women jobseekers and ethnic minorities. The Committee requests the Government to indicate the measures envisaged to ensure equality of opportunity and treatment for workers in the activities of private employment agencies, particularly for women and ethnic minorities (Article 5, paragraph 1).

3. Exceptions authorized. The Committee notes the Government’s statement that it was to commence consultations with the social partners during the second half of 2005 and to decide upon the provisions of employment services in and outside the country which could constitute exceptions under Article 7, paragraph 2, of the Convention. The Government adds that, once a decision has been taken, it will inform the ILO so that it can avail itself clearly of the provisions of Article 7, paragraphs 2 and 3, of the Convention. The Committee once again draws the Government’s attention to the nature of Article 7, paragraph 2, as an exception to the principle of the provision of free services by employment agencies, as established in Article 7, paragraph 1. It therefore requests the Government to provide precise information in its next report on any exceptions authorized under Article 7, paragraph 2, with an indication of the employers’ and workers’ organizations consulted, the interest of the workers concerned and the reasons for such exceptions.

4. Protection of migrant workers. The Committee notes the information provided concerning the bilateral agreements for the protection of migrant workers concluded with certain European and neighbouring countries. It requests the Government to continue providing information on the bilateral agreements concluded to prevent abuse and fraudulent practices in recruitment, placement and employment and to keep it informed of any new legislative developments for the protection of migrant workers recruited on its territory by private employment agencies (Article 8).

5. Rights of workers employed by a private employment agency. The Government indicates in its report that the national legislation guarantees to all workers, including those employed by a private employment agency, the rights set out in Article 11 of the Convention. The Committee requests the Government to specify the provisions guaranteeing adequate protection for the workers employed by a private employment agency in the fields of social security (Article 11(e)), compensation in case of occupational accidents or diseases (Article 11(h)) and compensation in case of insolvency and the protection of workers claims (Article 11(i)).

6. Allocation of responsibilities between private employment agencies and user enterprises. The Committee notes that the allocation of the reciprocal responsibilities and obligations of the parties has been determined by the Entrepreneurship Act and other legal texts. It requests the Government to specify in its next report the manner in which the legislative texts referred to by the Government in its report have allocated the respective responsibilities of private employment agencies and user enterprises in each of the areas covered by Article 12 of the Convention.

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1. The Committee noted the information provided by the Government in its first report received in August 2003. It also noted the comments from the Trade Union Confederation of the Republic of Moldova (CSRM) received in October 2003 and the observations formulated in response by the Government in April 2004. Further information on the application of the Convention and new comments from the Trade Union Confederation of the Republic of Moldova were received in October 2004. On the basis of this new information and in the light of the additional information which the Government is invited to provide on the following points, the Committee will again examine the conformity of legislation and practice with the provisions of the Convention and may formulate new comments.

2. Article 7, paragraphs 2 and 3, of the Convention. Exceptions authorized under Article 7, paragraph 1: Placement abroad. The Committee notes that in response to comments by the CSRM the Government states that no exception has been approved to Article 7, paragraph 1. It also notes that the Government reserves the possibility to formulate exceptions under Article 7, paragraph 2, as soon as the situation of the labour market improves. Nevertheless, the Committee notes that private employment agencies responsible for placing Moldovan citizens on the foreign labour market have the right to charge the worker for services provided after the conclusion of the work contract or the obtaining of the foreign visa (Order No. 28/36g, point 20, of the Minister of Economic Affairs of 10 June 2003). The Committee draws the Government’s attention to the exceptional nature of this principle in relation to the principle of free services provided by employment agencies formulated by Article 7, paragraph 1. It therefore urges the Government to examine the situation again in order to indicate in its next report the exceptions approved under Article 7, paragraph 2, stating the interest of the workers concerned and the reasons for these exceptions in respect of each of the organizations of employers and workers consulted.

3. Article 9. Prohibition of child labour. The Committee notes that, on the basis of section 46 of the Labour Code, the Government declares that no vacant post is offered by private employment agencies to young persons under 16 years of age. The Committee also notes the observations by the CSRM indicating that Act 451-XV of 30 July 2001 on the authorization of certain activities does not prohibit the use of child labour by private employment agencies, and that controls exercised by trade union organizations, as referred to by the Government in its report, is possible only in private employment agencies where trade union organizations exist at enterprise level. The Committee refers to its comments on Convention No. 138, and wishes to draw the Government’s attention to the fact that the professional qualification required to obtain the licence is not enough to guarantee in practice the absence of the use of child labour by private employment agencies. In this regard, the Committee notes that the Government is contemplating the incorporation soon of the prohibition on child labour in the conditions for awarding the licence and invites the Government to keep it informed of measures adopted in order to guarantee that child labour is neither used nor provided by private employment agencies.

[The Government is asked to reply in detail to the present comments in 2005.]

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