Postponement, from the point of view of social security, is an exception to the general rule and, consequently, is to be strictly interpreted, being subject to restrictive regulatory conditions, so that in the case of posting the employee is not subject to two security legislations social at the same time.
Postponement refers to the following situations:
- a person who carries out a salaried activity in a state with which the Republic of Moldova has concluded an Agreement in the field of social security, for an employer who carries out substantial activities in this state and who is postponed by the respective employer to another state to carry out a determined activity, continues to be subject, during this period, to the legislation of the first state, provided that the foreseeable duration of the activity does not exceed twenty-four months.
- a person who carries out substantial independent activities in one state and who moves to another state to carry out a similar activity continues to be subject, during this period, to the legislation of the first state, provided that the foreseeable duration of the activity does not exceed twenty four months.
In order to obtain the Form regarding the applicable legislation, both the employer and the posted worker must meet a series of criteria, as follows.
The employer must prove the fulfillment of the following conditions:
- to be registered at the State Registration Chamber of the Republic of Moldova, to carry out substantial activities specific to his professional field and not just administrative activities,
- the turnover achieved by the employer in the Republic of Moldova should represent at least 25% of the turnover achieved by the employer both in the Republic of Moldova and in the posting state,
- the employer who posts salaried workers on the territory of another member state must present a guarantee of being solvent, so that there is certainty that he will fulfill his obligations to pay social contributions for the salaried workers posted on the territory of another contracting state.
Subsidiarily, the postponed employee must prove that the following conditions are met.
- the salaried worker must normally carry out his activity at the employer from the Republic of Moldova who posts him on the territory of another contracting state,
- the activity of the posted worker on the territory of another member state corresponds to the field of activity of the employer in the Republic of Moldova,
- the salaried worker must be, immediately before starting the salaried activity, under the legislation of the Republic of Moldova, this condition is considered fulfilled if
- it is proved that the employee has completed an insurance period in the social insurance system of the Republic of Moldova of at least two months, immediately before the start of the activity with the employer who posts him on the territory of another contracting state,
- the subordination relationship between the salaried worker in question and his employer must be maintained throughout the posting, as well as the purpose of the international posting must be to carry out, in the posting state, a specific activity on behalf of the employer from the Republic of Moldova.
If the employer, the self-employed or the legal representative requests the issuance of the Form regarding the applicable legislation, based on the provisions of the International Agreements in the field of social security, to which the Republic of Moldova is a party, it is necessary to complete an application to which copies of the following documents are attached, the documents must be presented in original and a copy of them:
- the contract/agreement concluded between the employer from the Republic of Moldova and the employer from the contracting state, as well as its authorized translation;
- the postponement order/extension of the postponement period and/or any other document, containing the purpose of the postponement, the postponement period, the rights and obligations of employers from the Republic of Moldova and the state where the posted worker is to be posted;
- the employee's individual employment contract with the employer from the Republic of Moldova;
- valid identity card of the employee;
- the employee's passport with a valid visa for the postponed period, if applicable;
- the registration certificate and the extract from the State Register of legal entities and individual entrepreneurs, issued by the competent institutions/authorities;
- the documents certifying the current financial situation of the employer from the Republic of Moldova, where the turnover achieved by the employer from the Republic of Moldova should present at least 25% of the turnover achieved by the employer both in the Republic of Moldova and in the state of posting, approved and verified according to the legislation in force (accounting balance sheet);
- the certificate about the absence or existence of arrears against the national public budget, issued by the State Fiscal Service, valid on the date of the request for the form (in original);
- the authorization/license for the performance by the insured persons of some activities independently, if applicable.
If the employer, the posted worker/self-employed worker or the legal representative requests the extension of the postponement period compared to the initially requested period, it is necessary to complete an application to which the copies of the following documents must be attached, the documents must be presented in original and in copy:
- the contract/agreement concluded between the employer from the Republic of Moldova and the employer from the contracting state, as well as its authorized translation;
- the postponement order/extension of the postponement period and/or any other document, containing the purpose of the postponement, the postponement period, the rights and obligations of employers from the Republic of Moldova and the state where the posted worker is to be posted;
- the employee's individual employment contract with the employer from the Republic of Moldova;
- valid identity document of the employee; - the employee's passport with a valid visa for the period of postponement, if applicable;
- the registration certificate and the extract from the State Register of legal entities and individual entrepreneurs, issued by the competent bodies;
- the documents certifying the current financial situation of the employer from the Republic of Moldova, where the turnover achieved by the employer from the Republic of Moldova should present at least 25% of the turnover achieved by the employer both in the Republic of Moldova and in the state of postponement, approved and verified according to the legislation in force (accounting balance sheet);
- the certificate about the absence or existence of arrears against the national public budget, issued by the State Fiscal Service, valid on the date of the request for the form (in original);
- the authorization/license for the performance by the insured persons of some activities independently, if applicable.
Application regarding the extension of the postponement period In the event of changes in the postponement period that cause the termination of the mentioned postponement period before the expiry of the term indicated in the form, the employer, the postponement worker/self-employed worker or the legal representative undertakes to inform the NOSI through a request, at who attaches the copy of the identity card of the posted worker/self-employed worker and undertakes to return the form regarding the applicable legislation previously issued.