Alexander Slusar
At the moment, Moldova lacks regulation of temporary employment agencies, a tool that, according to the authors of the project, will allow to meet the staffing needs of economic entities during peak periods or to replace some employees for the period of maternity leave, medical treatment, studies, etc. There are also no rules to ensure the safety and health of employees operating through temporary employment agencies. In this regard, the Labor Code, the Law on Occupational Safety and Health, and the Contravention Code will be amended accordingly.
Thus, the draft provides for the addition of a new chapter to the Labor Code regulating the work of temporary agencies. According to the draft, temporary workers conclude an individual labor contract or have an employment relationship with a temporary employment agency. They are sent to companies for temporary work under the control and management of the agency on the basis of a written contract. It is concluded for a period not exceeding 12 months and may be extended for subsequent periods, provided that the total duration, including extensions, does not exceed 24 months.
And the temporary employment agency itself is a legal or natural person engaged in entrepreneurial activity. It notifies the State Labor Inspectorate of the start of its activities and concludes individual employment contracts with temporary workers for a definite or indefinite period of time.
When a worker is placed at the disposal of the employer for temporary work, the employment relationship between the worker and the temporary agency does not terminate. At the same time, they do not arise between the employee and the employer.
In this context, it is important that the temporary agency or temporary employment agent withholds and remits to the state budget the social and health insurance contributions and taxes of the temporary worker. And it has no right to charge him any fee, commission or remuneration of any kind for the recruitment, employment or performance of an assignment with the employer.
During the period of temporary employment, workers enjoy the same working conditions that would apply if they were employed directly by the user for the same job. The conditions include, inter alia, working hours, overtime, daily and weekly rest, night work, weekends and holidays, and remuneration.
“I am skeptical that in this way it is possible to solve the problem of labor shortage,” says former parliamentary vice-chairman Alexander Slusar. – It is possible to streamline, to improve the regulation of the labor market, using the data as a base for employers when necessary and in season. But the question is, will people want to go to them for employment? In agriculture, for example, despite the legislation on day laborers, the problem is that the workers themselves do not want an official arrangement. In order not to lose the opportunity to receive social assistance. Not caring about health insurance and pensions, they most often want to get money immediately and without deductions. But if there is no labor force, whatever the agency – permanent or temporary – the number of workers will not increase”.
Farmers mainly use day laborers. In horticulture and viticulture, it is more profitable. The law on day laborers is a certain way out of the situation, because it seriously simplifies the system, providing the opportunity to keep minimal records, and contributions to the social fund and medicine are paid by the workers themselves. “Nevertheless, it still does not solve the issue of labor shortage,” Slusar states. – In our country, unfortunately, the reform of social assistance has not achieved the necessary results. In the north, some agrarians take their workers 100-150 kilometers away, feeding them, because there are no people in their villages”.
