IPN interview: What are the trends in the employment of foreign citizens in Moldova, in what areas are these hired, what problems do they face when applying for a job and what do the legal provisions say? These issues were discussed by Mariana Galben with Olga Poalelungi, director of the Bureau for Migration and Asylum, in an interview for IPN News Agency.
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- In what areas are most of the foreigners employed in Moldova?
- The foreigners can be employed in Moldova depending in the demand on the labor market. There is no exhaustive list of areas or professions intended for foreigners. The number of foreign criticizes employed in Moldova continues to rise, as the total number of foreigners who immigrate to the country does. In 2010, there were registered 777 immigrant workers, while in 2014 – 1,360 already. The ratio of foreigners who become employed to those who enter the country is relatively stable - 31%-32%. Most of the foreign employees come from Romania, Ukraine, Israel, Russia, and Turkey.
The number of workers employed for qualified jobs such as concreters, foremen, pavers and welders has increased. A part of them are involved in such external projects as the Millennium Challenge Account and the Compact, which offer assistance to Moldova in rehabilitating the roads.
The Bureau for Migration and Asylum provides the right to stay for work and issues the foreigners who stay in Moldova with the immigrant’s work permit.
- What are the most often employment-related problems faced by the foreigners? How many cases of violation of the legislation have you identified this year so far? How are these usually resolved?
- The foreigners working legally in Moldova are treated in the same way as the Moldovan citizens. The employers must make sure that the contract conditions are fulfilled, namely as regards the working conditions, payment of the set salary, length of the workday, payment of social contributions, etc. The employers bear responsibility for the illegal employment of foreigners in accordance with the Contravention Code.
But the foreigners must to respect the declared purpose of the stay in the country, especially to work based on the work permit, at the particular place and in the job for which these were employed. Any work done in the absence of the decision of the authorized bodies or for another company than the one for which the permit was issued is penalized with a fine of 1,000 to 2,000 lei. If it’s established that the foreigner does not meet the conditions for having the permit of stay extended or does not respect the purpose for which the right of stay, including for work, was granted, this right can be annulled. In most of the cases, the competent bodies impose fines. A number of 2,297 fines have been imposed so far this year, 300 of which for violating the employment rules. The right of stay was annulled for 302 foreigners.
- What is the relevant normative framework and what are the Bureau’s powers in this regard? What other state bodies have competence in this field?
- A number of authorities deal with the examination, verification, coordination and issuing of documents to foreigners, including: the Bureau for Migration and Asylum; the National Employment Agency; the Ministry of Economy in some cases (which pronounces when foreigners are engaged in projects of national interest); the Ministry of Education (which authorizes the employment of foreign teachers), and the Ministry of Information and Communication Technology (which issues permits of stay). The institution of the one-stop shop changed radically the method of receiving and examining documents, taking decisions and issuing foreigners with documents. Currently, the person submits all the documents in one place and is issued with a permit of stay in the same place. The coordination with other bodies is ensured by the Bureau’s employees, sparing the employers or foreigners of these obligations.
To ensure more efficient services, in 2015 the one-stop shop was renovated, while the number of workplaces was extended from four to ten. The process of receiving and examining documents is being modernized so as to reduce the bureaucratic impediments and the document examination period, ensuring simultaneously the protection of the personal data.
- What documents a foreigner must present to the authorities for being employed? Are their standard forms or models? Do you provide assistance to those who need consultancy?
- The set of documents that must be presented for obtaining the right of stay for work differs depending on the employment method – based on a work contract, the person stays in Moldova for a period of up to 90 days, works within foreign assistance projects or applies for documents as the founder of a company. The employment conditions, list of documents, tax rates and other details are available at the Bureau’s website bma.gov.md, in the immigration, foreign citizens division.
The foreigners and employers can obtain information from the information office of the one-stop shop issuing documents to foreigners (Chisinau, 124 Stefan cel Mare Stm second floor), and at the local offices in Balti (12 Dostoevskii St) and Comrat (22 Komsomolului St). A new office for receiving documents will become available this month, near the Giurgiulesti airport and other free economic zones, in Cahul (79 Ioan Voda cel Cumplit St).
The submitted documents are examined within 30 days. The foreigners must go to the document issuing office at least 30 calendar days before the expiration of their stay in Moldova as the non-respecting of the term is penalized.
- What happens when an organization does not present the necessary information on time? What the law provides in this case?
- If the documents are presented with delay, but before the period of stay of the foreigner expires, these are accepted for being examined after the foreigner pays a fine of 1,000 lei. The applicants should not ignore the period when the right of stay expires as the documents are issued as a matter of urgency at higher tariffs. The documents of the foreigners whose permit of stay expired or whose 90-day period of stay expired, if these stay in the country based on a visa-free regime, are examined additionally. Fines, restrictive and other measures are applied in the case of such foreigners. The documents submitted on time are dealt with within 30 calendar days.
- Is the legal framework on foreigner employment favorable for Moldovan employers?
- The legal framework concerning the issuing of documents to foreigners in Moldova should be de-bureaucratized. Information technologies should be used for monitoring and issuing documents to foreigners. Particular progress was made. Not legislative amendments, but rather financing and tenacity are needed in this regard. The provision of permits of stay to foreign investors is an area that needs to be reviewed. The country’s economy necessitates modernization and foreign investment. Therefore, we consider that the mechanisms for issuing documents to foreign investors should be modified. These are now issued with documents in the same way as the forgers who come to work. Such a practice is incorrect. In most of the European states, the foreign investors are issued with permits of stay for a particular period depending on the number of new jobs they create or on the cost of these jobs. The bill to amend the given legislation was submitted to the Government last month.
- What would the Bureau for Migration and Asylum recommend to the organizations that plan to contract foreign citizens?
- Data show that most of the foreigners who possess permits of stay in Moldova come from the neighboring countries or countries with which we have longer relations. This way the employers can easier ensure communication, initiation in the area of activity and training, if necessary. The possibility of communicating enables the employers to better select the foreigners with appropriate qualifications and experience to work in Moldova. It is important to avoid employing persons who will not respect the declared purpose of their stay in Moldova as the responsibility in such cases is borne by the employer. The employers can go to the information office of the Bureau’s one-stop shop intended for foreigners to get additional consultancy as to the documents needed to legalize the stay of different categories of foreigners. Consultancy is provided free of charge. It’s not the case to use the services of intermediaries to avoid losing time and financial resources.
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Note: This interview was made possible by the generous support of the American people through the United States Agency for International Development (USAID). The views and opinions of authors expressed herein do not necessarily state or reflect those of the U.S. Government or the USAID.
