Country profile MDA
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| List of hazardous activities prohibited for children | 2003-03-28 ; 2014-07-07 | C138 & C182 | Labour Code No. 154/2003 - Article 255(2) ; Government Decision No 541 of 2014 | [{"link_name":"-Labour Code No. 154/2003","source_link":"https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Republic-of-Moldova-Labour-Code.pdf"},{"link_name":"-Government Decision No 541 of 2014","source_link":"https://www.legis.md/cautare/getResults?doc_id=22016&lang=ro"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Article 255(2) of the Labour Code provides that the list of jobs with harsh, harmful, and/or hazardous working conditions, to which the employment of persons under the age of 18 is prohibited, as well as the maximum permissible limits for persons under the age of 18 regarding the lifting and manual handling of weights, shall be approved by the Government following consultation with employers’ organizations and trade unions. In this regard, Government Decision no. 541/2014 was approved, which regulates the current list of hazardous activities prohibited for persons under the age of 18. |
| Minimum age for hazardous work | 2014-07-07 ; 2019-11-01 ; 2003-03-28 | C138 & C182 | Labour Code No. 154/2003 - Article 255 ; Government Decision No. 541/2014 on the approval of the Nomenclature of jobs with difficult, harmful and/or hazardous working conditions in which the employment of persons under the age of 18 is prohibited, and of the Norms on the maximum permissible workload for persons under the age of 18 when manually lifting and carrying weights ; Decision of the Administrative Board of the National Energy Regulatory Agency (ANRE) No. 394/2019 of 01.11.2019 | [{"link_name":"-Government Decision No. 541/2014","source_link":"https://www.legis.md/cautare/getResults?doc_id=22016&lang=ro"},{"link_name":"- Decision of the Administrative Board of the National Energy Regulatory Agency (ANRE) No. 394/2019","source_link":"https://anre.md/storage/upload/administration/reports/514/NE1-02-2019%20rom%20Norme%20de%20securitate%20la%20exploatarea%20instalat%CC%A6iilor%20electrice.pdf"},{"link_name":"-Labour Code No. 154/2003","source_link":"https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Republic-of-Moldova-Labour-Code.pdf"}] | 16 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Article 255 of the Labour Code explicitly prohibits the employment of persons under the age of 18 in any work considered hazardous or detrimental to health, safety, or morality. Additionally, Government Decision no. 541/2014 explicitly provides the list of work with harsh, harmful, and/or dangerous working conditions for which the employment of persons under the age of 18 is prohibited. As an exception, certain normative acts, for example, the Annex to the Decision of the Administrative Board of the National Energy Regulatory Agency (ANRE) No. 394/2019 of 01.11.2019, “Safety Rules for the Operation of Electrical Installations” allow persons under the age of 18 (students, trainees from educational institutions) to be present in hazardous workplaces, under the supervision of individuals with the appropriate professional qualifications in the relevant fields of activity. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2002 | C182 | Criminal Code of the Republic of Moldova - Articles 217(1)-(2) and Article 217(3) (b1) | [{"link_name":"Criminal Code of the Republic of Moldova","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/64897/MDA-64897.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Articles 217(1)-(2) of the Criminal Code criminalize the unauthorized sowing or illegal cultivation of plants containing drugs or ethnobotanicals, as well as the processing or use of such plants; and production, preparation, experimentation, extraction, processing, transformation, procurement, possession, dispatch, or transportation of drugs, ethnobotanicals, or their analogues. Additionally, Article 217(3) (b1) of the Criminal Code prescribes aggravated penalties where the offence was committed by a person who has reached the age of 18 with the involvement of minors. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2002 | C182 | Criminal Code of the Republic of Moldova - Article 208¹ and 208² | [{"link_name":"Criminal Code of the Republic of Moldova","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/64897/MDA-64897.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Article 208¹ of the Criminal Code criminalizes the production, distribution, dissemination, import, export, offering, sale, procurement, exchange, use or possession of images or other representations of one or more children engaged in explicit sexual activities, whether real or simulated, or of images or other representations of a child’s sexual organs depicted in a lascivious or obscene manner, including in electronic form. Additionally, Article 208² of the Criminal Code criminalizes the obtaining, in exchange for any material advantage, of sexual services from a person who was known with certainty to be under the age of 18. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2023-11-30 ; 2022-07-18 ; 2009-04-14 | C182 | Law No. 370/2023 on the Rights of the Child - Article 29 ; of Law no. 1245/2002 on preparing citizens for the defence of the country - Articles 3 and 28 ; Criminal Code No. 985/2002 - Article 137(3)(f), Article 206(1)(d) | [{"link_name":"-Law no. 1245/2002 on preparing citizens for the defence of the country","source_link":"https://www.legis.md/cautare/getResults?doc_id=121249&lang=ro"},{"link_name":"-Criminal Code No. 985/2002","source_link":"https://wipolex-res.wipo.int/edocs/lexdocs/laws/ro/md/md138ro.pdf?Expires=1762333681&Signature=AnC27xnI2QWZro4d6FP50MzSBKMTmJGYakA5OxZriRjMrWSJkaSvj-dbFadoN4JO6eom36EL47Sv3YzF3WeeN30WF62fUgkZRkQ5PSOEXKh6U~bqrefbHJPSlPHO7BZXGJFPZdtmvw4CtvNRRKy4eaRbqg-GhVK4gneP364Iw3ej8t8NHpQp0VVP6POfFJ7BJ0ajm58VeKGTlqUGaLvEW92nzvlHT3ZLcbVrYqFv1p54Tu4TI1gqDlPz1cymmp4YfcVBOcZo79xPfUoAy3qHILqV6yl9-3qwkWWJQYtAIgfAzbU8EZsaKbULzXL0oTC8bYaA49uDJsH7R3thhpW2XQ__&Key-Pair-Id=K1QGBX7Y6FHYJN"},{"link_name":"-Law No. 370/2023 on the Rights of the Child","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/116019/MDA-116019%20(EN).pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | According to Article 29 of Law No. 370/2023 on the Rights of the Child, it is prohibited to involve children in military actions, as well as to promote war and violence among children. Additionally, Article 28 of Law no. 1245/2002 establishes that only citizens who have reached the age of 18 and over can perform military service (either by recruitment or contract), with military records from the age of 16 (Article 3), exclusively for administrative purposes, thus reinforcing the absolute prohibition of any form of recruitment of persons under the age of 18 outside the approved channels of educational or defensive training. Besides, Article 137(3)(f) of Criminal Code No. 985/2002 criminalizes the commission, in the context of an armed conflict, whether of an international character or not, against one or more persons protected by international humanitarian law, of the recruitment and enlistment of children under the age of 18 into the national armed forces, as well as inducing them, by any means, to participate actively in hostilities. This act is punishable by imprisonment for a term of 10 to 20 years. Moreover, Article 206(1)(d) of the Criminal Code criminalises the recruitment, transportation, transfer, harbouring or receipt of a child, as well as the giving or receiving of payments or benefits to obtain the consent of a person having control over the child, for the purpose of using the child in armed conflicts. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2002 ; 2005 | C182 | Criminal Code of the Republic of Moldova - Article 206 ; Law No. 241/2005 on Preventing and Combating Trafficking in Human Beings | [{"link_name":"-Law No. 241/2005 on Preventing and Combating Trafficking in Human Beings","source_link":"https://www.refworld.org/legal/legislation/natlegbod/2005/en/104323"},{"link_name":"-Criminal Code of the Republic of Moldova","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/64897/MDA-64897.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Article 206 of the Criminal Code expressly criminalizes child trafficking, manifested through the recruitment, transportation, transfer, harboring or receipt of a child, as well as the giving or receiving of payments or benefits in order to obtain the consent of a person exercising control over the child, for the purpose of sexual exploitation, whether commercial or non-commercial, or exploitation through labour. Meanwhile, Law No. 241/2005 on Preventing and Combating Trafficking in Human Beings establishes comprehensive measures to prevent human trafficking, to ensure the protection and assistance of child victims, as well as the punishment of offenders, in accordance with the obligations of the Republic of Moldova under Convention No. 182. |
| Minimum age for admission to apprenticeship | 2023-11-30 ; 2003-03-28 | C138 | Law no. 370/2023 on the Rights of the Child - Article 20(1) ; Labour Code No. 154/2003 - Article 46 | [{"link_name":"-Law no. 370/2023 on the Rights of the Child","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/116019/MDA-116019%20(EN).pdf"},{"link_name":"-Labour Code No. 154/2003","source_link":"https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Republic-of-Moldova-Labour-Code.pdf"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Article 20(1) of Law No. 370/2023 on the Rights of the Child provides that children have the right to engage in independent work in accordance with their age, health, and professional training, and to be remunerated in accordance with labour legislation. This article further stipulates that children may be admitted to work in accordance with their physical and mental condition and well-being, and that state authorities ensure special conditions of employment and work for children in accordance with the provisions of the law. In this context, according to Article 46 of the Labour Code, it is prohibited to employ persons under the age of 15, with children acquiring the capacity to work upon reaching the age of 16. A child may conclude an individual employment contract at the age of 15, with the written consent of their parents or legal representatives, only for light work. However, no precise legal provision defines the minimum age for admission to apprenticeship. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2014 ; 2003-03-28 | C138 | Education Code of the Republic of Moldova - Article 13(2) ; Labour Code - Article 46(2) | [{"link_name":"-Labour Code","source_link":"https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Republic-of-Moldova-Labour-Code.pdf"},{"link_name":"-Education Code of the Republic of Moldova","source_link":"https://mecc.gov.md/sites/default/files/education_code_final_version_0.pdf"}] | No | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article 13(2) of the Education Code stipulates that compulsory education extends until the age of 18. This exceeds the minimum legal age for employment established by Article 46(2) of the Labour Code, which provides that individuals acquire legal capacity to work at the age of 16. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"CEACR Observation","source_link":"https://www.ilo.org/normlex-permalink/comment/en/4342180"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | The CEACR has repeatedly urged the Government to establish and adopt this list in line with Article 7(3) of Convention No. 138. |
| Minimum age for light work | 2003 | C138 | Labour Code of the Republic of Moldova - Article 46 (3) | [{"link_name":"Criminal Code of the Republic of Moldova","source_link":"https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Republic-of-Moldova-Labour-Code.pdf"}] | 15 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Article 46 paragraph (3) of the Labour Code allows persons from the age of 15 to be employed, with the written consent of their parents or legal representatives, for the performance of light work. The specific conditions for the performance of light work shall be established by the Government. |
| Minimum age for admission to work | 2003 ; 2018 | C138 | Labour Code No. 154/2003 of the Republic of Moldova - Article 46 ; Law No. 105/2018 on the Promotion of Employment and Unemployment Insurance - Articles 20, 23 | [{"link_name":"-Labour Code No. 154/2003","source_link":"https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Republic-of-Moldova-Labour-Code.pdf"},{"link_name":"-Law No. 105/2018 on the Promotion of Employment and Unemployment Insurance","source_link":"https://www.legis.md/cautare/getResults?doc_id=105474&lang=ro"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=NORMLEXPUB:13100:0::NO::P13100_COMMENT_ID:4342180"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | According to Article 46 of the Labour Code, the general minimum age for admission to employment is set at 16 years, which corresponds to the age at which a person is deemed to have working capacity. However, national legislation allows employment starting from the age of 15, provided that the work performed is light in nature and carried out with the written consent of the parents or legal representatives. The employment of children under the age of 15 is strictly prohibited. Furthermore, Law No. 105/2018 on the Promotion of Employment and Unemployment Insurance stipulates that the minimum age for obtaining the status of unemployed person (Article 23) and for being employed in a suitable job (Article 20) is 16 years. However, it is worth noting that, in an Observaiton published in 2023, the Committee of Experts on the Application of Conventions and Recommendations (CEACR) noted the Government’s indication that section 46(3) of the Labour Code, which allows children over 15 years of age to conclude work contracts with the written permission of their parents, or legal representatives, provided that this does not impair their health, education, development or vocational training, is in line with Article 2(3) of the Convention which sets out a minimum age for admission to employment or work of not less than 15 years. The Committee further recalls that, upon ratifying the Convention, the Government declared 16 years to be the minimum age for admission to employment. The Committee urges the Government to take the necessary measures, to ensure that no person under the minimum age specified by the Government (16 years) shall be admitted to employment or work in any occupation, except for light work. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 14-JUN-2002 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 21-SEP-1999 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| This program, approved by the Government of the Republic of Moldova in September 2023 (Government Decision No. 715), aims to continue and strengthen national efforts against human trafficking. It focuses on preventing exploitation among vulnerable groups such as children, Moldovan nationals seeking employment abroad, Ukrainian refugees, and foreign workers. The program aligns with international legal standards and incorporates recommendations from the Universal Periodic Review Mechanism. | [{"link_name":"Program for Preventing and Combating Trafficking in Human Beings","source_link":"https://rm.coe.int/greta-2023-11-mda-q4-rep/1680aec732"}] | 2024-2028 | Program for Preventing and Combating Trafficking in Human Beings | The program is mandated by the Government of the Republic of Moldova and implemented through the coordinated efforts of relevant ministries, agencies, and public institutions at both national and local levels. The Secretariat of the National Committee for Combating Trafficking in Human Beings is responsible for monitoring the implementation process. |