Case 1: “Employed as unskilled worker in agriculture”

Created on 21 January 2015

Problem: 
I. told this case being already for two years employed in that qualification in a Limited Liability Company. Having just finished gymnasium studies, I. was a daily worker following the example and urged by his parents until he would reach the age of majority in order to be hired legally and sustainably. The employer's explanation that at the age of 17 years old is illegal to be legally employed, I. has agreed to receive the pay in envelope until the age of 18. Thus he worked a year with different wage, being motivated by lack of the volume of work depending on season.

When he was 18 years old, at his request to have an opened working card he was employed as an apprentice with probation period for three months. The employer established him the share of 0.75 % of the salary that he received by performing the same work as before. The employer explained that the amount of the retained 0.25% will be used to pay taxes by the employer. After the expiration of that term he was transferred to another job in the same company, the reason being that there would be easier. Finding out that the young man planned to go abroad for a better paid job the employer convinced him to work as before, without labour contract, until he leaves the country.

Solution:
In accordance with article 47 of the Labour Code of the Republic of Moldova, an individual employment contract should be concluded between employer and employee, the person (employee) acquires the working capacity at the age of 16, moreover, the person may conclude an individual employment contract even at the age of 15 years, with the written consent of parents or legal representatives, if accordingly, there will be not threatened his health, development, education and training. Therefore, the employer's refusal to sign an individual employment contract on the grounds of not achieving the age of 18 was unfounded.

Regarding the employment without concluding an individual employment contract, is mentioned under art. 7 of the Labour Code, undeclared work is forbidden, that is any work performed by a natural person for and under the authority of an employer not respecting the provisions of the Labour Code concerning the conclusion of the individual employment contract. 

At the same time, art. 55 of the contravention Code provides penalties for the use of undeclared work , for each identified person a fine of 100 to 150 conventional units for individuals, a fine of 250 to 350 conventional units for persons holding responsible positions, a fine of 350 to 500 conventional units for legal entities.