The Ministry of Labor and Social Protection has drafted a bill through which the European Directives on employment through a temporary employment agent will be transposed into national legislation.
Today in Moldova there is no regulation of temporary employment agencies, an instrument that would allow meeting staffing needs during peak periods or replacing employees for the period of maternity leave, medical treatment, studies, etc.
There are also no regulations to ensure the safety and health of employees working through temporary employment agencies.
According to the draft, a temporary employment agent is a legal entity or an individual engaged in entrepreneurial activity. It concludes individual labor contracts with temporary workers for a definite or indefinite period of time. They are sent to companies for temporary work under the control and management of the agency on the basis of a written contract. The contract is concluded for a period not exceeding 12 months and may be extended for subsequent periods, provided that its total duration, including extensions, does not exceed 24 months.
The temporary agency or temporary employment agent shall withhold and remit to the state budget the social and health insurance contributions and taxes of the temporary worker. He or she may not be charged any fee, commission or remuneration of any kind for the recruitment, placement or performance of an assignment with the employer.
During the period of temporary employment, workers shall enjoy the same working conditions that would apply if they were employed directly by the user for the same work.
