In general outline, the law defines labor migration as a voluntary movement of Moldovan citizens abroad and voluntary arrival of foreigners or stateless persons in the Republic Moldova, in order to carry out temporary labor activities.
However, in this article I will address only the legal provisions governing the implementation of the temporary employment of foreign nationals, as well as, conditions for granting, extension and revocation of the work permit and the right to temporary residence for labor purposes.
Therefore, the immigrant worker is a foreign citizen or stateless person who has the right to work temporary in Republic of Moldova.
Labor migration for the category of persons, mentioned above, is possible if the employment vacancies can not be assured from local human resources in accordance with the Law, other normative acts and international agreements to which the Republic Moldova is a part.
Foreign citizens and stateless persons who arrived to work on the basis of individual employment contracts may be employed only by one employer and can occupy only vacancies registered by subject employer at territorial employment agency.
Right to work is granted to foreign citizens and stateless person on basis of the decision on granting the right to work issued by the National Agency for Employment.
Obtaining of the right to work implies that the person who obtained it, also should have the right to temporary residence in the country.
In this way, the decision on granting the right to work shall serve as basis for granting the right of temporary residence.
The right of temporary residence for labor purposes is granted by the decision issued by the Ministry of Internal Affairs.
Right to work and the right to temporary stay for labor purposes are granted to the following categories of persons:
a) immigrant workers;
b) detached workers;
c) seasonal workers;
d) frontier workers;
e) other categories prescribed by bilateral agreements signed by Moldova with other states.
It is important to note that in this category are included , foreign citizens who are administrators(CEO) of companies with foreign capital registered in Moldova.
The right to work and the right to temporary residence for labor purposes may be extended if have been complied initial conditions of granting.
Before the expiration of the temporary residence permit for work, a foreign citizen may apply for the right to work and the right to temporary residence for labor purposes at another employer, under general conditions.
Right to work and right to temporary stay for labor purposes and respectively, the right to temporary residence for work, ceases at the moment of adoption of the decision on revocation of the right to work, or the expiration of validity or revocation of temporary residence permit for work.
In order to obtain the right to work and the right to temporary residence, the head of the enterprise, (the employer) or his authorized representative shall submit to the Ministry of Internal Affairs, in two copies, the package of documents provided by law.
The National Agency for Employment will examine the application for granting or extension of the right to work and within the prescribed period will issue a decision on granting / extending or refuse of the right to work and will send it to the Ministry of Internal Affairs.
In its turn, the Ministry of Internal Affairs shall examine the application for granting or extension of the right to temporary stay for work and on basis of the decision issued before by National Agency for Employment, will issue the decision on granting, extension or refusing of right to temporary residence for work purposes.
Finally, the Ministry of Information Technologies and Communications on basis of the decision on granting the right to work and the decision on granting of right to temporary residence for work, shall issue for immigrant worker a temporary residence permit.
Migrant workers enjoy all the rights and freedoms established by the legislation of the Republic of Moldova.
However, it should be mentioned that there are some categories of foreigners who do not require a work permit in the Republic of Moldova.
This category includes:
a) personnel of diplomatic missions and consular offices, of international organizations accredited in Moldova and their family members;
b) foreign journalists accredited in Moldova;
c) artists and cultural workers, arrived for a short period of time (up to 90 days);
d) freelancers (persons exercising free professions);
f) persons which have exited / arrived to study or training;
g) foreign citizens and stateless persons permanently residing in the Republic of Moldova;
h) Moldovan citizens permanently residing abroad;
i) the servants and employees of religious cults;
j) persons for whom, according to international treaties to which Moldova is a party, is established another procedure of employment.
The above is intended to provide a brief guide only. It is essential that appropriate professional advice is obtained. Our office will be glad to assist you in this respect. Please do not hesitate to contact us.