THE RIGHT TO WORK IN THE REPUBLIC OF MOLDOVA WITHOUT A WORK PERMIT

When making a business visit to a country or intending to carry out work-related activities in a foreign country, one of the main questions is whether the person concerned has the right to work in that country or not. The Law on Foreigners No. 200/2010 provides a list of cases in which foreign citizens are authorized to work on the territory of the Republic of Moldova without holding a work permit. The most common cases in practice, when foreign citizens benefit from the right to work without a work permit, are:

a) Independent professionals
Independent professionals are natural persons providing a service, who do not have a legal entity established in Moldova and who have concluded a contract for the provision of services (other than through an employment agency) with a final consumer residing in Moldova, and the contract requires their temporary presence on the territory of Moldova. To benefit from this legal basis, the person must be a citizen of a member state of the European Union or of a country included in the list approved by the Government. An example of independent professionals are sports agents, who come to negotiate a contract with a football club.

b) Persons on a business visit
Persons on a business visit are natural persons who hold management positions in foreign legal entities from a member state of the European Union or from a country included in the list approved by the Government, empowered to initiate a dialogue, examine opportunities, carry out activities necessary for the establishment of branches, representative offices or legal entities of the parent company on the territory of Moldova, and who do not offer or provide services, do not engage in economic activities other than those necessary for the establishment of the company and do not receive remuneration from a source located in Moldova.

c) Persons temporarily transferred by a foreign legal entity
Persons temporarily transferred by a foreign legal entity must either be employed by legal entities from a member country of the European Union or from a country included in the list approved by the Government, or have been partners or associates with it for at least one year, who are temporarily transferred to the branch, representative office or legal entity established by the parent company on the territory of Moldova.

d) People who come for studies
Once officially enrolled in a university, college or school in Moldova, these individuals have the right to work in Moldova for Moldovan employers. Before concluding an individual employment contract with Moldovan employers, these individuals must obtain a Moldovan identification code, issued by the General Inspectorate for Migration.

e) Holders of temporary residence rights for family reunification
Family members of a person who holds a residence permit or is a Moldovan citizen have the right to apply for a residence permit for family reunification. This permit also allows foreign citizens to work legally in Moldova for Moldovan employers.

f) Executive directors, shareholders and members of the board of directors of a legal entity
In order to conduct the business of the legal entity, executive directors, shareholders and members of the board of directors are entitled to work for a period of 90 days within a 180-day period. The activity carried out must relate exclusively to the legal entity within which they work.

g) Citizens of the European Union
European Union citizens have the right to work for a period of 90 days within a 180-day period, due to the process of Moldova's accession to the European Union.

The cases listed are exceptions to the general rule, which requires foreign citizens to have a work permit in order to work in Moldova. The right to stay for work purposes is granted by the General Inspectorate for Migration within 15 days of submitting the application. The costs and required documents should be checked at the time, as the authorities periodically update their guidelines, but they will certainly include an individual employment contract, a criminal record certificate and confirmation of residence in Moldova.

If you have any questions regarding the right to work in Moldova, do not hesitate to contact one of our lawyers.