Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Migration for Employment Convention (Revised), 1949 (No. 97) - Republic of Moldova (Ratification: 2005)

Article 1 of the Convention. Information on national policies, laws and regulations and bilateral agreements. The Committee notes the adoption of the Law on labour migration (Law No. 180-XVI of 10 July 2008) determining the conditions for granting, extending and rescinding work and residence permits for foreign nationals in the Republic of Moldova and regulating procedures for nationals of Moldova to work temporarily abroad, including through approved private employment agencies. It also notes that Law No. 200 on the status of foreign nationals was adopted on 16 July 2010 to transpose a number of European Directives and that it determines the procedures for entry and residence on the national territory and the conditions for the expulsion of foreign nationals. The Committee notes the Government’s indication in its report that the amendment of these two laws is planned. The Committee also notes the adoption, on 27 December 2011, of Law No. 247 on the integration of foreign nationals, containing provisions on access to the labour market, and the adoption, between 2008 and 2012, of numerous government decisions on migration (evaluation of linguistic competence, immigration quota for employment, etc.). The Committee notes further the conclusion of two bilateral agreements on migration for employment in 2011 with the Russian Federation and with Italy, and the participation of the Republic of Moldova since June 2008 in the Mobility Partnership with the European Union with a view to improving management of migration. The Committee requests the Government to continue providing information on any developments in relation to the national policy and laws and regulations on emigration and immigration, with an indication of the legislative texts that have been amended or repealed following the adoption of Law No. 180-XVI on labour migration, as well as on any general agreements and special arrangements concluded on these matters.

Migratory movements. The Committee requests the Government to provide the following statistical data disaggregated by sex: (i) the number of foreign nationals working in the Republic of Moldova, with an indication, where possible, of their migration status (temporary, long-term or permanent) and the sectors in which they are engaged; and (ii) the number of persons who have migrated for employment and, where possible, the sectors in which they are employed.

Information on national policy. The Committee notes that the Government’s report does not contain information on the implementation of Part V of Decision No. 1386-XV of 2002 adopting the “Concept of migration policy” and establishing a number of priorities for the implementation of the policy, particularly with regard to the social protection of migrant workers, the establishment of an integrated information system on migration and asylum, and the promotion of the return and reintegration of migrant workers in the country. The Committee notes with interest that a National Strategy on Migration and Asylum (2011–20) was approved by Government Decision No. 655 of 8 September 2011 and that a national plan of action is envisaged for its implementation. The Committee also notes the adoption of a plan of action to promote the return and reintegration of Moldovan migrant workers (2012–14) and the establishment in the Ministry of Labour, Social Protection and the Family of a Department on Migration Policies, which develops policies on emigration for employment, promotes policies related to the social and legal protection of migrant workers, negotiates inter-governmental agreements on the employment of Moldovan nationals abroad and foreign nationals in the Republic of Moldova and cooperates with relevant international organizations. The Committee requests the Government to provide information on the measures adopted for the implementation of the National Strategy on Migration and Asylum (2011–20) in the context of the national plan of action adopted for this purpose, particularly with regard to the protection of immigrant and emigrant workers and the services intended for them, as well as specific information on collaboration with workers’ and employers’ organizations, as envisaged in section 24(5) of Law No. 180-XVI on labour migration.

Articles 2 and 4. Information and assistance services for migrant workers. The Committee notes the observations made by the National Confederation of Trade Unions (NCTU), attached to the Government’s report, in which it indicates that it has created a network of information centres in 11 district centres through which Moldovan citizens have the opportunity to obtain information on the risks and consequences of irregular migration and on the possibility of obtaining assistance in the field of labour relations. However, the NCTU emphasizes that there is no single institution at the national level with the competence to provide assistance to migrant workers and reliable information on conditions of migration abroad, and calls for the creation of such a body. The Committee notes that, according to the Government’s report, a “single window”, managed by the Department of Migration and Asylum, has been established to provide foreign nationals arriving on the national territory with the necessary documents to work and stay. It notes the Government’s indication that the examination of applications and the issuing of permits for migrant workers are free of charge. The Government adds that the National Employment Agency (NEA) provides free information services on immigration procedures and the legal framework applicable to labour migration for Moldovan and foreign nationals. Moreover, pilot information centres, the purposes of which include disseminating information on the risks of migration and the prevention of trafficking in persons, as well as labour market call centres accessible to both nationals and foreigners, have recently been established. Noting this information, the Committee requests the Government to continue providing information on the free information and assistance services available to migrant workers with the purpose of facilitating their departure, travel and arrival, with an indication of whether these services are financed through regular public funding and the manner in which their activities are monitored.

Article 3. Misleading propaganda. The Committee notes the observations of the NCTU that no institution is responsible for monitoring compliance with Law No. 180-XVI concerning the job vacancies issued by private employment agencies engaged in placing Moldovan nationals abroad (section 17(4)), the responsibility of unlicensed agencies or individuals (section 17(5)) and the temporary suspension of the licence where the licensee does not provide national applicants for employment abroad with valid and reliable information about employment opportunities, the work involved, the terms of the employment contract, remuneration, climate and living conditions in the country of destination (section 18(1)(d)). The Committee further notes that section 19(1)(f) explicitly provides for the withdrawal of the licence for employment placement activities abroad where the licensee directly or indirectly advertises false employment opportunities abroad. Noting that, under the terms of section 24(2)(b) of Law 180 XVI, the NEA is responsible for monitoring the activities of private agencies and compliance with the provisions respecting migration for employment, the Committee requests the Government to provide information on any measures taken by the NEA in practice, including imposing penalties, against misleading information relating to migration provided by private employment agencies or employers. Please also provide information on the measures taken to cooperate with other governments in this respect.

Article 5. Medical services. HIV testing. The Committee notes that, according to the Government’s report, Law No. 23-XVI of 16 February 2007 on HIV/AIDS prohibits mandatory HIV testing prior to employment, travel, access to health care or admission to an educational institution (section 15), as well as any form of discrimination based on HIV status at all stages of employment (section 22). The Committee also notes that Law No. 180-XVI on labour migration provides that, to receive a work permit and the right to temporary stay for a labour migrant, the employer shall submit to the NEA a medical certificate confirming that the person is HIV negative (section 7(8)(i)). However, the Committee understands from the Government’s report that the amendment of Law No. 180 XVI in this respect is planned. The Committee recalls that it considers that “refusal of entry ... on the grounds that the worker concerned is suffering from an infection or illness of any kind, which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination” (General Survey on migrant workers, 1999, paragraph 266). The Committee also draws the Government’s attention to Paragraphs 25 and 28 of the HIV and AIDS Recommendation, 2010 (No. 200), which provide that “HIV testing or other forms of screening for HIV should not be required of workers, including migrant workers, jobseekers and job applicants” and “[m]igrant workers, or those seeking to migrate for employment, should not be excluded from migration by the countries of origin, of transit or of destination on the basis of their real or perceived HIV status”. The Committee requests the Government to take the necessary measures to amend the provisions of Law No. 180-XVI with a view to removing the requirement for a medical certificate confirming the negative HIV status of the migrant worker for the purposes of issuing work and temporary stay permits, and to provide information on any progress achieved in this respect.

Article 6. Equality of treatment. With reference to its previous comments, the Committee requests the Government to provide full information on the practical measures taken to ensure that the provisions of the Labour Code (sections 3 and 8) and of Law No. 180-XVI on labour migration (section 4(2)) respecting equality of treatment between nationals and migrant workers covering all the matters enumerated in Article 6(1)(a) to (d) of the Convention are effectively applied in respect of all migrant workers lawfully residing in the country, including African and Asian migrant workers. It also requests the Government to provide information on any infringements of the principle of equality of treatment in respect of the matters enumerated in Article 6(1)(a) to (d) detected or dealt with by the labour inspection services or any other competent authority, the sanctions imposed and the remedies provided.

Article 8. Maintenance of residence in the event of incapacity for work. In the absence of a reply on this point in the Government’s report, the Committee requests the Government to indicate whether migrant workers can remain permanent residents in the country, with an indication of the applicable legislative provisions and, where appropriate, the number of workers who have acquired the status of permanent residents. Please also indicate the specific provisions in the national legislation which guarantee the right of permanent migrant workers to remain in the country in the case of incapacity for work, in accordance with Article 8 of the Convention.

Article 9. Transfer of earnings. The Committee notes the Government’s indication that, during consultations with destination countries, the Government calls for migrant workers to benefit from the right to transfer their earnings to their country of origin during their stay in the country. The Government indicates that the agreement with Italy provides for this possibility. The Committee requests the Government to indicate whether there are provisions in the national legislation explicitly allowing migrant workers to transfer their earnings and savings, with an indication of any limits set out by the law. Please continue providing information on any special arrangements which may exist for this purpose.

Annex I. Article 8. The Committee recalls that, under the terms of this Article of the Convention, any person who promotes clandestine or irregular immigration shall be subject to appropriate penalties. The Committee notes that the information provided by the Government seems to concern only the penal sanctions applicable to foreign nationals in an unlawful situation, and not persons who promote clandestine or irregular immigration. The Committee therefore requests the Government to provide information on the penalties applicable under the national legislation to any person who promotes clandestine or irregular immigration, and any penalties applied in practice.