EMIGRATING ABROAD

Name: Agreement between the Republic of Moldova and the Republic of Bulgaria on the regulation of labour migration

signed: 16.06.2018

Effective: 09.12.2018

 

The authorities responsible for this Agreement:

in Republic of Moldova - Ministry of Health, Labour and Social Protection

                                          National Employment Agency          

in Republic of Bulgaria - Ministry of Labour and Social Policy

  Employment Agency within the Ministry of Labour and Social Policy

 

Categories of migrant workers beneficiaries of the provisions of the Agreement:

  • Migrant workers for an initial period of up to one year with the possibility of extending it to three consecutive years (that will not require work permits);
  • Seasonal workers for the maximum period under the state law of the receiving Party.

Migrant workers will have the same employment rights and obligations as local workers and enjoy equal protection in the workplace in accordance with the laws of the State of the receiving Party.

Migrant workers shall enjoy in the State receiving Party the same legal protection in terms of personal and property rights, as well as its citizens (Article 10).

According to Article 5 of the Agreement, the mechanism for recruitment and appointment is made by the institutions responsible for implementation of the Agreement specified.

Responsible institutions have the following responsibilities:

  • exchange information on job offers received from employers;
  • selecting potential migrant workers according to the offers received (selection based on documents and the final selection approved by employers);
  • assisting migrant workers selected for employment;
  • providing migrant workers with individual labour contracts by employers, received by the responsible institution of receiving party;
  • Information granting to migrant workers before departure with the signing individual employment contracts on conditions of residence, work, social security, medical insurance, accommodation and departure.

To achieve the above activities, the responsible institutions of both parties in accordance with art. 14 (2) created the joint selection committee, which will ensure the implementation process of the employment under the Agreement.

 

Basic actions of the implementation mechanism under the agreement will focus on the following:

  1. local employers, which offer the employment for immigrant citizens, shall submit offers jobs according to the form established by the responsible authorities (Article 5, section 2 of the Agreement);
  2. responsible authorities will send offers of the employers to the authorities responsible for selecting candidates as required in offers;
  3. preselection of candidates is done based on the proposed documents;
  4. Only candidates selected data will be sent to the authorities of the receiving Party to be made available to employers bidders of jobs;
  5. employers bidders of jobs will make the final selection of candidates;
  6. Only candidates who have passed the final selection will be subject to a medical examination;
  7. employers bidders of jobs will send through the responsible authorities the nominal individual employment contracts for selected candidates;
  8. responsible authorities will inform the candidates before the departure of the conditions of residence, work, social security, medical insurance, accommodation and departure, and the provisions of individual employment contract to be signed in their presence.
  9. Responsible authorities provide the candidates with an individual employment contract to be signed before departure.
  10. the accommodation of the candidates will be provided by the competent institution together with the employer, who will: meet the candidates and will ensure the transport to the accommodation.

Responsibility for selection and employment of citizens of both sides is put on the public authorities expressly provided in bilateral inrter-guvernamental Agreement.

The agreement does not limit the rights of service providers of private employment activity, operating in accordance with the legislation in force of parties, but do not belong and are not covered by the subject of the Agreement.