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Employer Of Record In Moldova

Employer Of Record In Moldova

Skuad’s Global EOR (Employer of Record) Service helps you expand business in Moldova without setting up an entity. Its tech-enriched global HR platform enables companies to expedite the onboarding of remote teams, manage their payroll, benefits, etc. Skuad helps you streamline the global expansion process with the able assistance of its international network.

Moldova At A Glance

Moldova, also known as the Republic of Moldova, is an Eastern European country. It is a landlocked country located between Romania and Ukraine.

Capital: Chișinău

Population: 4.034 million (as of 2020)

Currency: Moldovan Leu (MDL)

GDP: 11.5 billion USD ( growth rate forecast of 3.8% in 2021)  

Official language: Romanian

What You Must Know Before Employing in Moldova

The Labour Code of the Republic of Moldova, 2003 is the main source of employment law in the country. The employment laws apply both to foreigners and citizens. However, there are few differences in the entitlements and work permits for foreign workers. Let us discuss some of the vital entitlements and other aspects of employment laws in Moldova.

Though they might look complex, they are similar to those of other countries. To mitigate the challenges of setting up an office or adhering to compliance matters in the country, partnering with a local payroll provider who is well aware of Moldova laws for local and foreign citizens can help make the process easier.

Entitlements Explanation
Statutory Working Hours 40 hours per week
Overtime Eligibility The overtime working hours are limited to 120 hours in a year which can be increased to 240 hours by mutual agreement between employer and employee. There are few categories of people exempted from working overtime, specified under Article 105 of the Code. The payment for overtime work gets calculated at an hourly rate of base wage. Overtime payments calculation is as follows:
Number of hours worked overtime Extra hours rate
Two hours 150% of hourly rate
Above two hours 200 % of hourly rate
Paid Public Holidays The public holidays in Moldova for 2021 are as follows:
  • New Years Day (January 1)
  • Orthodox Christmas Day(January 7)
  • Orthodox Christmas Holiday (January 8)
  • International Women’s Day (March 8)
  • Labor Day (May 1)
  • Orthodox Easter Sunday (May 2)
  • Orthodox Easter Monday (May 3)
  • Victory Day (May 9)
  • Easter of the Blajini (May 10)
  • Children’s Day (June 1)
  • Independence Day (August 27)
  • National Language Day (August 31)
  • Roman Catholic Christmas Day (December 25)y
Holiday Pay

Every employee is entitled to paid public holidays. Employees can work on non-working days to complete the pending working hours under Articles 96 and 97.

Working on non-working days is strictly prohibited for children, pregnant women, and women with children below three (3) years of age.

In Moldova, an employee must be given weekly rest (Rest Days) for two days successively on Saturday and Sunday that cannot be less than 42 hours. Rest days can be substituted for other days via collective labor agreements.

Medical Leave

There is no prescribed number of days for medical or sick leave of an employee under the Code.

Employees can get paid sick leave upon submission of a medical certificate. Usually, the first five days get covered by employers, and later they can avail the benefits under state social insurance.

Maternity Leave Women employees in Moldova can avail themselves of maternity leave. Employees are also entitled to partially paid leave for caretakers of children below three years of age. The number of days gets prescribed as follows:
  • Maternity and pre-natal leave - 70 calendar days
  • Postnatal holidays- 56 calendar days (can be extended to 70 days with the approval of the employer)
A male employee gets paternity leave of 14 days; such leave should be claimed within 56 days of birth.
Annual Leave Accrual Entitlement

Every employee is entitled to annual paid leave based on an individual labor contract. The duration should not be less than 28 calendar days, excluding non-working days.

The work experience of an employee also gets calculated. For the first year of employment, paid annual leave is granted only after six months of continuous employment in the organization.

Leave Expiry An employer is obliged to ensure that employees utilize the paid annual leave within every calendar year. In unusual cases, as specified under Article 118 of the Labour Code, holidays can be transferred to the next working year.
Leave Cash Out The holiday grant gets calculated as prescribed by the government. An employee can cash out the pay three days before the beginning of the holiday.
Accrued Leave at termination Generally, leaves get cashed out in advance of the holidays. Any sums dues are settled between employer and employee in terms of Pay-Off at time of termination.
Employee Protection and Anti-discrimination Rights The Moldova Labour Code contained provisions on the prohibition of all kinds of discrimination and fundamental rights to the employee under Chapter II basic principles. There are collective representations, trade unions, and negotiations encouraged through social partnerships. Commissions were established at each level to resolve the disputes.
Confidentiality of Personal Information Chapter VI of the Labour Code specifically deals with Employee Data protection. Some of the essential aspects are :
  • Employers need to frame policies on the collection, analysis, usage, and retention of employee information per the data protection law of Moldova.
  • The employer must not transfer data without consent.
  • The employees have the right to receive information and access their personal information.

To ensure compliance with Moldova’s employment laws, Contact Skuad today.

Contractors vs Full- time Employees

The main differences between Contractors and full-time employees employment types are as follows :

  • Contractors get hired for some time or specific tasks and as per payment terms agreed under the contract. In contrast, a full-time employee is a permanent employee and is paid based on hours per week. They can avail all legal and government benefits which are absent in contractors type.
  • An employee under contract employment is not considered to be part of an organization's employee staff. An employer is responsible for all full-time employees. However, in contractors, no such responsibility is claimed.

The choice of employment type depends on the size, resources, work, and requirements of the organization. Both can be employed where independent contractors are limited to specific or technical tasks and permanent employees for regular work. It is one of the vital decisions that needed attention. The organization does not take any responsibility for payroll taxes from independent contractors. Whereas permanent employees can withhold and pay such taxes. The same applies to social security measures.

Managing any type of employment is an extra responsibility that requires half of the resources and strength of a company. Skuad takes up responsibility and recruits employees on the selection of appropriate types for particular tasks. It manages payrolls and other compliances.

Book a Demo Now.

Hiring in Moldova

Until there is a work permit (for foreign workers), employers can employ any person in the Republic of Moldova under an individual labor contract. There are various online platforms available for recruitment. Some of them are as follows:

  1. www.Indeed.co
  2. www.unjobs.org  
  3. www.visahunter.com

The main advantage of these platforms is easy access to many employees without any workload on HR management, and the reach is also outspread. Employers can directly contact employees and vice-versa. However, the quality assessment of the candidate will become a vital task, and resources are required to manage each employee and compliance that are disadvantages of the system. During expansion, all these tasks in the company divert the main focus. Hence, the right deal can make the work easy.

Skuad, a Global HR platform, works personally for companies and hires employees based on organization requirements. Global talent gets pooled in one place through its integrated HR Platform. It manages all HR works and compliance regulations. The EOR can expedite the hiring process with virtual onboarding and management of teams without any hindrances. While your main aim is to expand your global reach, we further enrich your goal through our automated HR services that ease the process.

To hire employees in Moldova, Talk to Us.

Probation & Termination

Probation Period

The Probationary period in Moldova is three months, and for officials, it can extend up to six months. For unqualified workers, an exception is fifteen(15) calendar days probation period. Incorporation of probation clauses in individual labor contracts is mandatory. An employee gets hired if there is no clause (Article 60 of the Labour Code).

Termination Of Service

Topics Explanation
Notice For Termination Of Employment Notwithstanding the termination of the contract under specific instances prescribed under Article 82 of the Code. An employee terminated under a fixed individual labor contract before its expiration needs to be sent a notice at least before ten (10) working days by the employer.

You can avail yourself of Skuad’s Moldova EOR services to manage your expansion in a timely, hassle-free manner in compliance with the local laws.

Talk to Skuad experts for more details.

EOR Solution In Moldova

Moldova Employer of Record (Moldova EOR) solution makes it easier and faster for businesses to expand into Moldova. Taking the EOR route ensures smooth and compliant payroll processing and other employment responsibilities without any entity establishment. Skuad can help you manage monthly payroll, contracts, work permits, taxation, etc. in Moldova for your employees.

Outsourcing Employment Through An Employer of Record

When you decide to expand your organization in Moldova, you also need to determine the route you want to take. Whether to build an in-house team or hire an EOR to manage payroll and employee lifecycle.

Types of Visas in Moldova

There are different visas issued for foreigners under different categories of Type A, Type B, Type C, and Type D for stay purposes. For employment purposes, long-term visas under category D get issued. To obtain the Visa few procedures prescribed should be followed :

Notice For Termination Of Employment
  • Application form
  • Passport issued to an individual that has at least three months validity
  • A Passport size Photo
  • National Agency acceptance of employment in the country
  • Proof of financial support to sustain in the country in cash, credit, or sign from a Moldovian citizen as maintenance commitment.
  • Travel Medical Insurance
  • Resident permit issued by European states
  • Judicial record
Procedure to get work Visa in Moldova
  • Foreigners should approach the embassy or diplomatic representative of Moldova at their residence country for an application form.
  • All the required documents need to be submitted along with a prescribed fee.
  • Background checks such as medical, legal get made by authorities to process the application.
  • Once approved, the department issues a Visa.
When entering the country for employment, a Work Permit is mandatory with a Visa to enter Moldova.

Talk to us and get more information and guidance related to types of visas and work visa requirements in Moldova. Skuad can handle all your visa requirements and ensure the expansion process does not get delayed.

Work Permit

Without a work permit, foreign workers are not allowed to work in Moldova. A local partner is essential to get all the work done. Skuad local partners can sponsor work permits in Moldova. Skuad takes care of all these requirements. The tech-enriched HR platform enables client companies to manage their workforce activities.

Work Permits Explanation
Can Skuad Sponsor work Permit in Moldova Yes
Processing Time 3 to 4 Weeks
Work Permit Process

Step 1: Skuad’s local partner in Moldova acts as an employer, sponsors work permits to the employee and submits the application form to the National Agency for Employment along with required documents such as a work contract.

Step 2: The Agency upon verification approves and issues the work permit.

Step 3: The employee can enter and work in Moldova with Work Permit until its expiration.

Things You Must Know To Set Up Payroll in Moldova

Management of Payrolls is a crucial task in HR and should be complied with Moldova's policies on Taxes and Social security funds. Only a registered employer should provide payroll in most countries, including Moldova.

Taxes in Moldova

Taxes Explanation
Income Tax Rates Both Moldovan residents and foreigners are subject to personal Income Tax in the Republic of Moldova. The rates of tax for different sources of income are:
Source of Income Tax Rate
Income from employment, profession and entrepreneurial activity 12 %
Capital Gains and other taxable income 12 % (subject to individual tax)
Income from farming enterprises and individual entrepreneurs. 7 %
There is final taxation for income from other activities of residents imposed at rates of 6 %, 12 % and 15%. Tax Deductions are granted to residents of Moldova.
Tax Returns The individual returns should be filed by April 30th of each year
Corporate Tax Corporate Tax is imposed at rate of 12 %
Withholding Tax (for non-residents) The rates are :

Dividends - 6%

Interest - 12%

Royalties - 0/12%

Social security Employer’s and employee's social security contributions in Moldova are as follows:
Social security 18%
Pension Fund 6%
Health Insurance (employee contribution) 9%
These get calculated on the gross salary of the employee and eligible for tax deductions.

Skuad takes care of onboarding and management of remote teams. It also handles taxes, social security contributions, and payroll of all employees recruited. Through this, businesses can ease the processes at the time of expansions to save time and resources.

Learn more about Skuad.

Incorporation: How to Set Up a Subsidiary in Moldova

A company can expand into a new country through several modes that include the incorporation of a subsidiary. The business laws of Moldova deal with the types of subsidiaries a company can incorporate; these include a limited liability company (LLC), a representative Office, and a joint-stock company. An LLC is the most favored form of business opted by most companies. The minimum share capital required is at least 5,400 MDL, of which 40% gets deposited at the time of registration. Another suitable option is a joint-stock company. The registration and incorporation of a subsidiary include the following steps:

  • The State Registration Chamber of Moldova takes the record and registers the company. 
  • The bye-laws, registration application form, and other documents such as the power of attorney and shareholder details need submission to the State registration chamber. 
  • A unique state identification number gets issued to the company along with a registration certificate. Meanwhile, the other formalities of tax, social benefit, and National health insurance registrations are completed. 
  • A temporary bank account should be opened to deposit the capital of the company.

The entire process takes approximately seven (7) working days upon submission of the required documents. Thereafter, the company can begin operating within fifteen(15) business days. All these processes get executed through a local notary or partner.

Skuad, which has a global network across 120 countries, facilitates your subsidiary incorporation in Moldova. It also provides an EOR solution to manage remote teams and hire employees without setting up a subsidiary.

Talk to Skuad experts to learn more.

Professional Employer Organization (PEO)

A professional employer organization (PEO) is an organization that provides services such as HR consulting, employee payroll management, insurance liabilities, and others with a joint partnership with businesses. An EOR also provides similar services. However, the difference lies in the arrangement or association between the EOR company and the business. A PEO acts as a co-employer that shares equal control of employees with the company; however, this has its risks and expected challenges. Whereas in EOR, no such arrangement is required as they take full responsibility for employee recruitments, taxes, training, and all other HR services without clients losing administrative control. Foreign workers get recruited at ease in compliance with all regulatory requirements.

A company can choose to work with either PEO or EOR based on its requirements and expansion strategy. However, the EOR comes with a better package of services to aid expansion when the company doesn't have any entity set up in the country.

Skuad’s EOR with its local partner takes care of work permits and all other compliance required in each country. Employee's payroll and benefits are taken care of, and the tech enriched HR platforms allow you to manage teams remotely.

Learn more about Skuad here.

Conclusion

These are some of Moldova employment law essential aspects that every company should consider before expanding into the country. However, these factors cause impediments in the expansion process if not properly regulated. At this point, EOR Services would be handy. 

Skuad has globally distributed teams and in-depth experience that can make the hiring process simple. It manages employee payrolls and other HR tasks to ensure that your company complies with the prevailing laws and taxation regime in Moldova with its single, unified EOR solutions platform. Without further ado, Fill out the form here.

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