Frequently asked questions by migrant workers

I am a representative of a company in the Republic of Moldova that intends to post an employee to the territory of another state with which an international agreement on social security has been concluded and to which the Republic of Moldova is a party. What are the conditions for issuing the necessary form for this purpose?

Currently, the Republic of Moldova has concluded international agreements in the field of social security based on the principle of proportionality with 18 countries, of which the following countries provide for the possibility of issuing a form on the applicable legislation for a worker posted to the territory of the other contracting state: Bulgaria, Portugal, Romania, Luxembourg, the Czech Republic, Austria, Belgium, Poland, Hungary, Lithuania, the Republic of Belarus, Turkey, Germany, Greece, Spain and Latvia. These agreements provide for the right of a migrant worker to work in the territory of a state with which an international agreement on social security has been concluded, continuing to be subject to the social security legislation of the state of posting, social security contributions being paid only in the state of posting, i.e. in the Republic of Moldova in this case.

For this purpose, the posted worker, self-employed worker, or legal representative must submit an application to the National Office of Social Insurance, attaching all supporting documents, after which the Form on applicable legislation will be issued, according to which he/she may work in the territory of the other contracting state. The application form and the list of required documents can be found on the official website of the National Office of Social Insurance, in the International Relations section, under Useful Information for Migrant Workers.

The Republic of Moldova concludes bilateral agreements in the field of social security with various countries. What do these documents involve and what are the benefits for our country's citizens?

The National Office of Social Insurance currently implements 22 international agreements in the field of social security. We can divide these agreements into two categories: the first category consists of agreements based on the principle of territoriality, and the second on the principle of proportionality. The first category includes agreements with the Russian Federation, Ukraine, Azerbaijan, and Uzbekistan, while the second category includes agreements with Romania, Portugal, Bulgaria, Luxembourg, Austria, Estonia, the Czech Republic, Poland, Hungary, Belgium, Lithuania, Germany, Turkey, the Republic of Belarus, Italy, Greece, Spain and Latvia. Bilateral agreements based on the principle of proportionality stipulate that both the Republic of Moldova and the contracting state will calculate and pay the pension only for the periods of insurance completed on their own territory, and the pension will be determined in accordance with the legislation of each state and will be transferred to the person on the territory of the state where the beneficiary resides. The principle of territoriality stipulates that, in the event of permanent place of residence in the contracting state, a citizen of the Republic of Moldova is entitled to a pension, regardless of whether he or she has worked in that country or not. Respectively, the period of employment in Moldova is taken into account when determining the pension, as if the pension applicant had worked in the territory of that contracting state.

How are pensions actually determined under bilateral agreements based on the principle of territoriality?

For example, a person has completed a contribution period in the Republic of Moldova, but upon reaching retirement age or even after the pension has been established, decided to change its permanent place of residence to one of the states with which we have concluded such agreements based on the principle of territoriality. In this case, the person's right to a pension in the Republic of Moldova will be terminated and another pension will be established according to its new place of residence in the country of permanent place of residence, in accordance with its legislation.

To be eligible for the minimum pension in Moldova, a person must have 15 years of contributions (work). But if a person has worked for 14 years and 9 months and has emigrated to another country with which the Republic of Moldova has signed a bilateral agreement, will this person not be eligible for social benefits?

If we talk about national legislation, a person who has not completed a minimum of 15 years of contribution period in the Republic of Moldova will only receive a social allowance from the state upon reaching retirement age. If the person has worked legally in countries with which the Republic of Moldova has signed an international agreement in the field of social security, then it is possible to totalize the missing contribution period in order to acquire the right to a pension. The signing of international agreements in the field of social security allows for the totalization of the contribution period upon reaching retirement age. Citizens have the right to have their entire contribution (work) period calculated, both in the Republic of Moldova and in the country where they have worked legally, in order to obtain the right to a pension. For example, if the contribution period in the Republic of Moldova is 14 years and 9 months, and in Bulgaria - 5 years, then the person is entitled to a minimum pension in our country. A total period of 19 years and 9 months entitles the citizen to a pension that will be calculated based on the average monthly insured income earned over 14 years and 9 months. Subsequently, upon reaching retirement age, in accordance with the legislation of the country in which they worked, the person will be granted the corresponding benefit from the state with which the Republic of Moldova has signed an international agreement.

Suppose that a citizen of the Republic of Moldova has decided to move permanently to one of the countries with which an agreement based on the principle of territoriality has been concluded. Can he choose in which country will he receive his pension?  

A basic condition of this type of agreement is the change of permanent place of residence to the territory of one of the two states. If, for example, the person retired in the Republic of Moldova and for family reasons is forced to change his permanent place of residence, either to the Russian Federation or Ukraine, he falls under this type of bilateral agreement. The citizen cannot live simultaneously on the territory of Moldova and Russia and receive a pension in the Russian Federation and Moldova. According to the provisions in force, a person who has left the Republic of Moldova has their pension payments suspended in our country and is granted a pension in his new place of residence, in accordance with the legislation of that state.

Can a person who has reached retirement age withdraw from the social insurance budget all the contributions that have transferred during the years of working in another country?

Contributions cannot be withdrawn from state social insurance funds. International social security agreements signed by the Republic of Moldova only provide for the establishment of state social insurance benefits based on contribution periods and only apply to citizens who are insured in the public social insurance system.

My name is Natalia P. could you please answer my question? My father currently works in the Russian Federation and will reach retirement age in two years. Will my father be eligible for a Russian pension in Moldova?

When Natalia's father settles permanently in the Republic of Moldova and reaches retirement age, his pension will be calculated taking into account the period of contribution in the Russian Federation. As for the income earned in the Russian Federation, it will be equated to the average monthly salary of an employee with a similar profession in our country. If this citizen decides to remain in the Russian Federation and reaches retirement age there, in accordance with the legal provisions of the agreement, the contribution period in the Republic of Moldova will be taken into account when determining the pension, and the same procedure for assimilating income paid in the Republic of Moldova will be carried out, in accordance with Russian legislation.

I worked in Turkey for 12 years until 1992, after which I returned to Moldova. I will soon be retiring. Will the years I worked in Turkey be taken into account when calculating my pension?

The social security agreement between the Republic of Moldova and the Republic of Turkey was signed on May 5, 2017, and entered into force on June 1, 2020. Thus, upon fulfilling the legal conditions under the legislation of the Republic of Turkey, citizens are entitled to a pension for 12 years of legal work in Turkey. The National Office of Social Insurance of the Republic of Moldova will grant and calculate the pension for the years actually worked on the territory of the Republic of Moldova.

If a person is a citizen of Moldova but also works on a contract basis for a company abroad, will the contributions paid in both countries be taken into account when determining its pension?

Work performed on a cumulative basis in the Republic of Moldova is taken into account when determining the pension only if state social insurance contributions are paid. When it comes to international agreements in the field of social security, it is important that the periods of work in both countries do not overlap if the procedure for totalizing the contribution period is carried out. If a person works in the Republic of Moldova and at the same time provides certain services under an individual employment contract in one of the countries with which our country has signed an international agreement in the field of social security, when determining the pension, each contracting party to the agreement will calculate the pension for the contribution period completed on its territory.

What documents must citizens submit to the social insurance institution if they have contributed to social insurance in both Moldova and abroad? Is there any difference?

There are no differences, because in accordance with the principle of equal treatment governing international agreements in the field of social security, when applying the legislation of a contracting state, persons covered by the personal scope of the agreement will benefit from equal treatment as citizens of the other contracting state. A person who has worked abroad for a certain period of time submits the same documents to the territorial subdivision of the NOSI or to the NOSI's headquarter as persons who work only in the Republic of Moldova. Only if it is necessary to accumulate the contribution period completed in the Republic of Moldova and abroad is it necessary to obtain confirmation of the contribution period from the competent social insurance institution in that state.

If a person has reached retirement age while working abroad, does he have to return to their country of origin to apply for their pension in person, or can they entrust this task to a relative?

According to the legislation of the Republic of Moldova in force, a person who has reached retirement age can submit an application in person or through a person authorized by power of attorney to the TOSI, according to its place of residence, to which he must attach the entire set of supporting documents, in accordance with the legislation of the Republic of Moldova, in order to establish the pension. If the applicant is in one of the countries with which international agreements on social security have been signed and, upon reaching retirement age, intends to establish the pension from the Republic of Moldova, the person must apply to the competent social security institution in the place of residence, attaching all the necessary supporting documents. In turn, the competent social insurance institution in the contracting state will attach its own supporting documents regarding the contribution period completed in that country and will send all the documents to the NOSI.

I am retired and receive a pension from the Russian Federation. Previously, I received a pension in the Republic of Moldova for two years. Therefore, four years later, I want to transfer my pension from Russia to Moldova. How will I receive my pension here and will it be indexed, given that my pension was calculated five years ago in Moldova and during this period the pensions of local residents have been indexed several times?

Currently, NOSI applies the Agreement between the Government of the Republic of Moldova and the Government of the Russian Federation on guarantees of citizens' rights in the field of pension insurance, signed on February 10, 1995, which entered into force on December 4, 1995. The Agreement stipulates that the pensions of citizens of both states shall be determined at their permanent place of residence. At the same time, Article 7 of the Agreement stipulates that when a pensioner moves from the territory of one state to the territory of another state, the payment of the pension at the previous place of residence shall cease if the legislation of the state to which the pensioner has moved provides for the same grounds for determining the pension. At the pensioner's new place of residence, the pension is determined from the month following the termination of its payment at the previous place of residence, but not more than six months before obtaining registration or a residence visa.

As a result, in the case of transfer to the territory of the Republic of Moldova of a person who previously (before moving to the Russian Federation) received an old-age pension under the public social insurance system of the Republic of Moldova, the resumption of pension rights shall be based on an application submitted to the Territorial Office of Social Insurance at the place of residence, accompanied by the submission of an identity card. As a result, the payment of the pension will be resumed on the basis of the data in the personal retirement file officially requested from the Pension Fund Directorate of the Russian Federation, the amount of the pension being updated on the basis of the indexations made since the termination of the pension payment in the Republic of Moldova.