ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of May 26, 2021 No. 78

About modification and recognition voided some Orders of the Government

Based on the Law No. 105/2018 on assistance of employment of the population and insurance on unemployment (The official monitor of the Republic of Moldova, 2018, Art. No. 295-308, 448), with subsequent changes, the Law No. 140/2001 on State Labour Inspection (The official monitor of the Republic of Moldova, 2001, Art. No. 68-71, 505), with subsequent changes, and the Law No. 131/2012 on the state control of business activity (The official monitor of the Republic of Moldova, 2012, Art. No. 181-184, 595), with subsequent changes, DECIDES: the Government

1. In the Order of the Government No. 894/2018 about approval of Methodology of the state control of business activity on the basis of risk analysis in the field of the control exercised by State Labour Inspection (Official monitor of the Republic of Moldova, 2018, Art. No. 358-364, 955), to make the following changes:

Item 1 to state 1) in the following edition:

"1. Approve:

1) Methodology of the state control of business activity on the basis of risk analysis in the field of the control exercised by State Labour Inspection according to appendix No. 1;

2) the Procedure of implementation of the state control over activities of the private agencies and unlicensed intermediaries performing activities for employment of citizens of the Republic of Moldova abroad on the basis of risk analysis, characteristic of their activities, according to appendix No. 2.";

To replace 2) in signature stamp of appendix of the word "It Is Approved by the Order of the Government" with the text "Appendix No. 1 to the Order of the Government";

To add 3) with appendix No. 2 of the following content:

"Appendix № 2

to the Order of the Government No. 894/2018

The procedure of implementation of the state control over activities of the private agencies and unlicensed intermediaries performing activities for employment of citizens of the Republic of Moldova abroad on the basis of risk analysis, characteristic of their activities

Chapter I General provisions

1. This Procedure establishes procedure of the state control over activities of the private agencies and unlicensed intermediaries performing activities for employment of citizens of the Republic of Moldova abroad (further - the private agencies and unlicensed intermediaries), on the basis of risk analysis, characteristic of their activities, and is developed based on the Law No. 105/2018 on assistance of employment of the population and insurance on unemployment and the Law No. 140/2001 on State Labour Inspection.

2. This Procedure establishes:

1) procedure for control of the activities connected with employment abroad of citizens of the Republic of Moldova;

2) criteria of risk characteristic of field of activity;

3) the procedure of the analysis of the criteria of risk established depending on specifics of intermediary activities in case of employment abroad.

Chapter II Procedure for control, criteria of risk, analysis of criteria of risk and gradation of intensity of risk

3. For the purpose of implementation of the state control over the activities connected with employment of citizens of the Republic of Moldova abroad, State Labour Inspection (further - Inspection) can carry out:

1) the planned control on the basis of the established criteria of risk;

2) sudden check.

4. Criteria of risk within this Procedure sum up set of characteristics of the subject and/or object which is subject to control or the circumstances concerning the previous relations of the subject which is subject to control with Inspection which availability and intensity specifies probability of damnification, including material, harm of life and to health of persons which are located in job search abroad and also violations of procedures of employment abroad the citizens of the Republic of Moldova established by regulations.

5. In case of risk analysis of activities of the private Inspection agencies uses the following criteria of risk:

1) time from date of the last control;

2) history of compliance or discrepancy to provisions of the legislation and to instructions of Inspection;

3) the number of the agreements on mediation in case of employment signed within one year of activities between the private agency and persons which are located in job search abroad;

4) the number of persons employed abroad by the private agency.

6. The analysis of criteria of risk is performed for the purpose of establishment of actions which need to be undertaken within control procedure, and like the applied control, and also intensity of the applied control measures depending on the status of the subject which underwent to control - the private agency or the unlicensed intermediary.

7. The gradation of intensity of risk is performed under general conditions, regulated by this resolution, and points for the criteria of risk characteristic of the activities performed by the private agencies, are awarded as follows:

1) the number of the agreements on mediation in case of employment signed within one year of activities between the private agency and persons which are located in job search abroad.

Table 1

The number of the signed agreements	Risk degree (R 1)
To 200 agreements on mediation in case of employment	1
To 100 agreements on mediation in case of employment	2
To 50 agreements on mediation in case of employment	3
To 25 agreements on mediation in case of employment	4
To 15 agreements on mediation in case of employment	5

General reasoning: small amount of the agreements on mediation in case of employment signed between the agency and persons which are located in job search abroad can specify risk of evacuation of citizens of the Republic of Moldova for the purpose of employment in the absence of the agreement on mediation in case of employment that it can promote illegal collection of charges, not conclusion of the individual employment contract between the foreign beneficiary and person which is located in job search abroad, to non-compliance with the rights of person in the course of the mediation performed by the agency in case of employment and to other violations of the law;

2) the number of persons employed abroad by the private agency:

Table 2

The number of the employed persons	Risk degree (R 3)
From 0 to 50 people	1
From 51 to 100 persons	2
From 101 to 150 persons	3
From 151 to 200 persons	4
More than 201 person	5

General reasoning: the bigger number of persons employed abroad is connected with percentage increase in possibility of certain violations of the rights of the employed workers.

8. The share of each criterion is determined by this Procedure, and their application in relation to persons which are subject to control, and application of formulas of calculation is performed according to general provisions of Methodology of the state control of business activity on the basis of risk analysis in the field of the control exercised by State Labour Inspection.

Table 3

Criteria of risk	Share (w)
The number of the agreements on mediation in case of employment signed within one year of activities between the private agency and persons which are located in job search abroad	w1 0,2
Time from date of the last control	w2 0,3
The number of persons employed abroad by the private agency	w3 0,2
History of compliance or discrepancy to provisions of the legislation and to instructions of Inspection	w4 0,3
In total	1,0

9. During control procedures at the private agencies the inspectors delegated for accomplishment of these obligations consider and, if necessary, take originals or copies of the following categories of documents:

1) the concerning foreign beneficiaries, including the copy of constituent documents, licenses, permissions, identity documents of managing directors and/or founders, identity documents of physical persons employers, the agreements on cooperation signed with them;

2) concerning the employed workers or those who should be employed abroad, including copies of identity documents, diplomas in the specialty;

3) according to procedures of mediation, including the copy of agreements on mediation in case of employment, individual employment contracts, samples of the individual employment contracts or other similar agreements used by foreign beneficiaries, samples of documents on training in the field of the labor safety and health protection used by beneficiaries the complaints made by the employed workers and correspondence performed by the agency for intervention in the conflict between the employed worker and the employer, requests about holding procedure of repatriation and the corresponding correspondence, as required;

4) the concerning activities of the private agency, including the license for activities, identity certificates of managing directors and founders, documents concerning rooms for implementation of activities of the private agency, the copy of diplomas about the higher education - diplomas of the licentiate of the managing director and employees, the certificate of lack of criminal record of the managing director, the founder, participants, employees and the legal entity.

Chapter III Activities for control over unlicensed intermediaries

10. Inspection performs activities for identification and control of unlicensed intermediaries.

11. Identification of unlicensed intermediaries is performed on the basis of the following criteria:

1) lack of the license for activities granted by the licensing body according to the Law No. 105/2018 on assistance of employment of the population and insurance for unemployment;

2) discrepancy of the announcement of the offer of workplaces placed by unlicensed intermediaries, to the requirements regulated by the Order of the Government No. 1276/2018 about approval of procedures of access to measures for employment of the population.

12. Identification of unlicensed intermediaries is performed by the analysis of announcements of the offer of the workplaces placed by unlicensed intermediaries on all available information platforms.

13. In analysis result of announcements of the offer of the workplaces placed by unlicensed intermediaries, Inspection constitutes the list of the revealed unlicensed intermediaries stating the act of the violations revealed based on the criteria specified in Item 11, and together with other authorized bodies begins joint control of their activities.

14. Joint control is exercised at the initiative of Inspection by transfer to the bodies specified in Item 15, of the official petition by means of which initiation of joint control over unlicensed intermediaries, with application of the list of the revealed unlicensed intermediaries and the stating act is requested.

15. According to the solution of Inspection, participate in joint control:

1) the licensing body;

2) Center for fight against human trafficking;

3) law enforcement agencies;

4) other specialized bodies.

16. Within the joint control Inspection checks:

1) availability of the individual employment and similar contracts signed between the beneficiary from abroad and person which is located in job search abroad in which mediation was performed by the unlicensed intermediary who is subject to control;

2) the intermediary activities for employment performed by the unlicensed intermediary.

17. Ascertainings of joint control are transferred by the bodies participating in control procedure, to competent authorities for acceptance of necessary measures for accountability of unlicensed intermediaries according to legislation provisions."

2. In the Order of the Government No. 1276/2018 about approval of procedures of access to measures for employment of the population (Official monitor of the Republic of Moldova, 2019, Art. No. 38-47, 66), with subsequent changes, to make the following changes:

Item 1 to add 1) with subitems 12) and 13) of the following content:

"12) the Procedure of assistance in employment of persons with limited opportunities, according to appendix No. 11-1;

13) the Procedure of mediation in case of employment and employments of citizens of the Republic of Moldova abroad, according to appendix No. 11-2.";

2) in appendix No. 1:

a) add with Item 3-1 of the following content:

"3-1. The condition "is not employed", provided in Item c) parts (1) article 20 of the Law, implies that person:

1) it is not employed based on the individual employment contract or the service provision agreement;

2) has no the patent of the individual entrepreneur;

3) is not founder, the participant or the administrator of the legal entity pursuing revenue generating purpose or the individual entrepreneur, except for those that are in process of insolvency, liquidation, are invalid or did not gain income for the last 12 months, preceding registration date that is confirmed by the corresponding entries in the State register of legal units, the Integrated management program cases or information systems of the State Tax Administration.";

b) in item 4 the text" in which radius it takes the residence or, as necessary, the location," to exclude;

c) state Item 5 in the following edition:

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