LAW OF THE REPUBLIC OF MOLDOVA

of November 29, 2018 No. 278

About modification of some legal acts

The Parliament adopts this organic law.

Art. I. - In the Law on the state fee No. 1216/1992 (repeated publication: The official monitor of the Republic of Moldova, 2004, Art. No. 53-55, 302), with subsequent changes to make the following changes:

1. In Item 3) parts (1) Article 2 of the word "the rights to labor activity;" shall be replaced with words "the rights to temporary stay for the purpose of labor activity; for consideration of the application about provision or prolongation of the right to stay;".

2. In Item 3) Article 3:

add Item with the subitem of d/2) of the following content:

"d/2) for consideration of the application about provision

or prolongation of the right to stay of 25 lei";

in subitems g) and h) words of "the right to labor activity" shall be replaced with words "the rights to temporary stay for the purpose of labor activity".

Art. II. - Article 4 of the Law on identification documents of national passport system No. 273/1994 (1995, No. 9, Art. 89), with subsequent changes, to add the official monitor of the Republic of Moldova with part (1/10) of the following content:

"(1/10) the Term of consideration of the applications about issue of the temporary residence permit for the purpose of labor activity constitutes seven calendar days on normal fare, and in the presence of the reasonable reasons for additional consideration the competent authority prolongs it no more than for seven calendar days."

Art. III. - The law on labor migration No. 180/2008 (2008, Art. No. 162-164, 598), with subsequent changes, to declare the official monitor of the Republic of Moldova invalid.

Art. IV. - In the Law on regime of foreigners in the Republic of Moldova No. 200/2010 (Official monitor of the Republic of Moldova, 2010, Art. No. 179-181, 610), with subsequent changes, to make the following changes:

1. In all text of the law of the word "citizens of the European Union" shall be replaced with words "citizens of the European Union or other states which list is approved by the Government,", the words "from member states of the European Union", and "from member states of the European Union" - the words "from member states of the European Union or other states which list is approved by the Government", and words of "member state of the European Union", and "member state of the European Union" - words "the member state of the European Union or other states which list is approved by the Government,".

2. In Article 3:

"persons holding executive positions" to state the name of concept of the following edition:

"the translated persons holding executive positions";

add Article with the following concepts:

"the beneficiary applicant - the company, organization or the organization with the status of the legal entity irrespective of type of property and form of business, including representation of foreign subjects or the physical person who hires foreigners or uses foreign labor power;

the right to stay - the right, according to the procedure of exception and according to provisions of this law the temporary stay provided to the foreigner and allowing it in the territory of the Republic of Moldova without possession of the residence permit for the cumulative term exceeding 90 calendar days, but no more than one calendar year;

labor migration - voluntary arrival of foreigners on the Republic territory - Moldova for implementation of labor activity;

the worker immigrant - the foreigner having the right to perform labor activity in the territory of the Republic of Moldova according to provisions of the Labor code;

the recalled worker - the skilled foreigner officially working at the company with the location in the territory of other state, who is temporarily recalled based on the service provision agreement and/or performance of works or the document on sending out on business to the beneficiary applicant from the Republic of Moldova for implementation of activities according to the agreement or the document on sending out on business;

the seasonal worker occupied in agricultural works - the foreigner working in the territory of the Republic of Moldova based on the individual employment contract signed for certain term directly between the foreigner and the beneficiary applicant for accomplishment of certain activities which implementation depends on change of seasons;

the border worker - the citizen of the state, adjacent with the Republic of Moldova, working in the settlements located in border zone in the territory of the Republic of Moldova, returning daily or, at least, weekly to the territory of the state in which he constantly lives and which citizen is;

the highly-skilled employee - the foreigner who has skills, special and important for production and researches, in the relation the technician, processes, procedures or enterprise management. In case of assessment of these skills are considered as the special skills necessary for implementation of activities of the company, and possession of qualification of high level for the certain work type or certain activities requiring special technical knowledge including belonging to accredited specialty;

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