Labour Administration Convention, 1978 (No. 150) - Republic of Moldova (RATIFICATION: 2006)

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Articles 4 of the Convention. Organization and functioning of the labour administration system. The Committee notes that the Ministry of Labour and Social Protection is established by Government Decision No. 149 of 25 August 2021. The Committee also notes that the annexes to this Decision include: (1) Regulation on the organisation and operation of the Ministry; (2) the structure of its central apparatus; (3) the organizational chart of the Ministry; (4) the list of administrative authorities subordinated to it and (5) the list of public institutions founded by the Ministry. The Committee requests the Government to provide further information on arrangements made to ensure the effective operation and coordination of the system of labour administration in practice, both at national and local level, including monitoring implementation of OSH visits, ensuring that inspectors are adequately trained, and providing for suitably equipped inspections offices.

Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122) and on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 10. Human resources and material means of the labour administration. The Committee notes that, according to section 2 of Government Decision No. 149 of 25 August 2021, the headcount of the central apparatus of the Ministry of Labour and Social Protection is set at 67 units, with an annual budget of the personnel remuneration in accordance with the law. The Committee requests the Government to provide further information on the proportion of the national budget allocated to the Ministry of Labour and Social Protection, as well as information on the composition, status and conditions of service of the staff of the labour administration system, including comparisons with the status and conditions of service of staff performing similar monitoring and inspection duties such as tax inspectors and police.

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Articles 4 and 9 of the Convention. Organization and functioning of the labour administration system. The Committee notes that the Government does not provide an organizational chart of the Ministry of Labour, Social Protection and Family, as requested by the Committee in its previous comment. Concerning the organization of the labour administration system, the Committee notes the Government’s reference to a range of amendments that were made to the Government Decision No. 691 of 17 November 2009 approving the regulations governing the organization and functioning of the Ministry of Labour, Social Protection and Family, through Government Decision No. 242 of 12 May 2015. The Committee further notes that the Government indicates, in reply to the Committee’s previous request that the National Employment Agency is not a parastatal structure, but a subdivision of the Ministry of Labour, Social Protection and Family. The Committee once again requests that the Government provide an organizational chart of the Ministry of Labour, Social Protection and Family both at central and local levels, as well as details on arrangements made to ensure the effective operation and coordination of the system of labour administration in practice.

Articles 5, 6(2)(c) and (d) and 8. Arrangements for the consultation, cooperation and negotiation between the public authorities and employers and workers. Services and technical advice offered to employers and workers and their organizations. Competent bodies for international labour affairs. The Committee takes note of the information provided by the Government in reply to its previous comment. It notes in particular the detailed information concerning the activities and issues examined by the National Commission for Consultation and Collective Negotiations, the information concerning the services and technical advice provided to employers and workers by the services of the Ministry of Labour, Social Protection and Family, as well the bodies within the system of labour administration responsible for functions concerning international labour affairs (including several departments at the Ministry of Labour, Social Protection and Family, the Ministry of Foreign Affairs and Integration, and the Bureau for Migration and Asylum) and the details on the activities of the latter bodies.

Article 7. Extension of the functions of the labour administration system. The Committee previously noted the information provided by the Government concerning the activities on the fight against informality, including the activities of the labour inspectorate to help legalize informal employment. The Committee notes that the Government indicates, in reply to the Committee’s request to continue to provide information on measures for the gradual extension of the functions of the labour administration system to cover workers in the informal economy, that control activities by the tax and labour inspection services have been intensified, and that a number of other measures have been taken, such as legislative amendments, the promotion of payment of salaries through bank accounts, online access to wages declared by salaries, etc. The Committee takes note of this information.

Article 10. Human resources and material means of the labour administration. The Committee notes the information provided by the Government in reply to its previous request concerning the proportion of the national budget allocated to the Ministry of Labour, Social Protection and Family, which according to the numbers provided by the Government (on the amount of the budget of the Ministry of Labour, Social Protection and Family and the amount of the national budget) amounts to about 1.6 per cent. The Committee also notes the Government’s indication, in reply to its previous request on the composition, status and conditions of service, that the labour administration system consists of civil servants and technical service staff, and that their qualification requirements are contained in the regulations of the relevant public entities. The Committee requests that the Government provide information on the number of civil servants and technical staff employed in the main departments of the Ministry of Labour, Social Protection and Family and information on how the independence of improper external influences of all staff working within the labour administration services is guaranteed.

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Article 4 of the Convention. Organization and functioning of the labour administration system. The Committee notes with interest that the several areas of competence (employment-related skills and social partnership, wage policy, human resource development, demography and labour migration) passed from the authority of the Ministry of Economy to the Ministry of Labour, Social Protection and Family (Act No. 21-XVI of 18 September 2009, Government Decision No. 597 of 21 October 2009 and Government Decision No. 691 of 17 November 2009). Thus, the General Directorate of Human Resources, Labour and Wage Policy, the National Employment Agency, the Labour Inspectorate and the Secretariat of the National Commission for Consultation and Collective Negotiation, are acting now as components of the Ministry of Labour, Social Protection and Family. The Ministry’s departments involved in the labour administration process are currently the following: labour relations and social partnership; salary policy; human resources development and occupational policies; migration policy. The Committee would be grateful if the Government would provide an organigram of the Ministry of Labour, Social Protection and Family both at central and local levels, and provide details on arrangements made to ensure the effective operation and coordination of the system of labour administration in practice. Please also indicate whether any departments of the Ministry like, for instance, the National Employment Agency, are parastatal bodies.

Article 5. Impact of tripartism. The Committee notes that the National Commission for Consultation and Collective Negotiations endorsed during the reporting period the draft law on ratification of Convention No. 187 which was subsequently adopted by Parliament as Act No. 72-XVIII of 26 November 2009. The Committee would be grateful if the Government would continue to provide information on the activities of the National Commission, notably the issues examined at national, branch and territorial levels, as well as the results achieved. Please also forward copies of any relevant documentation.

Article 6(2)(c) and (d). Services and technical advice offered to employers and workers and their organizations. The Committee would be grateful if the Government would indicate whether the new bodies which have been brought within the labour administration system (the General Directorate of Human Resources, Labour and Wage Policy, the National Employment Agency, the Labour Inspectorate and the Secretariat of the National Commission for Consultation and Collective Negotiation) provide, among other things, services and technical advice to employers and workers, and their respective organizations, and provide examples of such activities.

Article 7. Extension of the functions of the labour administration system. The Committee notes with interest the gender–disaggregated statistical information provided by the Government on workers in the informal economy. According to the Government, enterprises and workers operating in the informal economy fall within the scope of Act No. 140-XV of 10 May 2001 on Labour Inspection and Act No. 102-XV of 13 March 2003 on employment and social protection of persons seeking employment, even though controlling and tracking this activity is difficult in practice. The labour inspectorate has in this framework tracked and helped legalize informal employment in enterprises functioning in the formal sector.

The Committee recalls from its previous comments that according to the document entitled “National employment strategy of Moldova for 2007–15”, published by the Ministry of Economy and Trade, with the support of the International Labour Office, the fight against informality would include, in the framework of the National Employment Strategy, incentives to enterprises to become formal, measures to promote small and medium-sized enterprise development and regulation of those economic sectors more exposed to informality. The Committee would be grateful if the Government would continue to provide information on measures taken or under consideration for the gradual extension of the functions of the labour administration system to cover workers in the informal economy, as well as their impact.

Articles 8 and 9. Control of activities carried out by certain bodies. The Committee recalls from paragraphs 138 to 139 of its 1997 General Survey on labour administration that, pursuant to the growing number of bilateral and multilateral contacts at the international and regional levels and the resulting agreements on labour matters, including technical assistance, national bodies are set up to be responsible for international labour affairs. The Committee once again requests the Government to indicate the bodies within the system of labour administration which exercise the functions provided in Article 8, and describe their activities in practice.

The Committee would also be grateful if the Government would give details on any parastatal or regional and local agencies which may be entrusted with labour administration activities and describe the way in which they are supervised by the Ministry of Labour, Social Protection and Family in conformity with Article 9.

Article 10. Human resources and material means of the labour administration. The Committee notes the information provided by the Government on the training and professional development of civil servants under section 37 of Act No. 158-XVI of 4 July 2008. The Committee is not clear as to the amount allocated to the Ministry of Labour, Social Protection and Family under the State Budget Law which amounts according to the Government to 345,7719 thousand lei. The Committee recalls that in paragraphs 160–166 of its abovementioned General Survey, the Committee stressed the important role the means placed at the disposal of the State have in the effectiveness of a labour administration system. According to paragraph 166, “[t]he budget situation of labour administrations in the developing countries has direct repercussions on the conditions of work and qualifications of their staff, but especially on the services provided and hence on the conditions in which the population at large live and work”. In light of the aforesaid, the Committee would be grateful if the Government would specify the proportion of the budget of the Ministry of Labour, Social Protection and Family in the national budget as well as the composition, status and conditions of service of the staff of the labour administration system.

Parts III to V of the report form. The Committee takes note of the information provided by the Government on the individual disputes brought to the courts with regard to illegal dismissal claims. The Committee also notes with interest the information supplied by the Government on the activities of the National Agency for Employment (NEA) including performance indicators on the action plan on promoting labour market policies in 2009. It notes that the baselines related to the number of beneficiaries of unemployment benefits and the number of persons applying to NEA services were met and exceeded by a wide margin, while no results were obtained in relation to encouraging employers to employ graduates. Finally, the Committee notes the information on the implementation of a project on “Employment vocational training opportunities and migration policy measures to prevent and reduce trafficking in women in Albania, Moldova and Ukraine, Phase II, Moldova”. It also notes however, that information on several other projects is not provided despite the indication to the contrary in the Government’s report. The Committee would be grateful if the Government would continue to provide information on court cases including those concerning illegal dismissal disputes and other terms and conditions of employment, like wages, working time, freedom of association, etc. It would also appreciate further information on the activities of the National Agency for Employment as well as other labour administration agencies like the labour inspectorate, the General Directorate of Human Resources and the National Bureau of Statistics. Finally, please continue to provide information on the impact at national level of technical cooperation projects carried out in areas such as trafficking, child labour, HIV/AIDS policies, social dialogue, labour inspection and occupational safety and health.

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The Committee notes the Government’s first report received on 23 October 2008. It draws its attention to the following points.

Article 2 of the Convention Delegation of certain activities of labour administration. The Committee would be grateful if the Government would clarify whether, in accordance with national laws, regulations or national practice, certain activities of labour administration are delegated or entrusted to non-governmental organizations.

Article 4. Organization and functioning of the labour administration system. The Committee notes the information provided by the Government on the functioning of the national commission and committees for consultation and collective negotiation. Referring to paragraph 43 of its General Survey of 2007 on labour administration, the Committee would be grateful if the Government would provide more information on arrangements made to ensure a proper organization and effective operation of the system of labour administration in practice, the functions and responsibilities of which are properly coordinated.

Article 5. Impact of tripartism. The Committee notes information provided by the Government on the functioning of the committees for consultation and collective negotiations, their role and participation in drafting acts relating to labour matters, on the cooperation that the labour inspectorate has established with other social partners. It notes, in particular, in this regard, the Law No. 245-XVI of 21 July 2006 on the organization and functioning of the National Commission for consultation and collective negotiation, the committees for consultation and collective negotiation at the branch and territorial level. The Committee would be grateful if the Government would also provide information on the issues examined by committees for consultation and collective negotiation and on the results achieved and forward copies of any relevant documentation.

Article 6, paragraph 2(c). Services offered to promote social dialogue and tripartism. The Committee would be grateful if the Government would indicate the manner in which the competent bodies within the system of labour administration provide their services to employers and workers, and their respective organizations, and provide any relevant documentation.

Article 6, paragraph 2(d). Technical advice offered to employers and workers. The Committee would also be grateful if the Government would indicate the bodies responsible for providing technical advice to employers and workers, and their respective organizations, by giving examples of the type of technical advice sought and the outcome achieved, where appropriate.

Article 7. Extension of the functions of the labour administration system. According to the document entitled “National Employment Strategy of Moldova for 2007–15”, published by the Ministry of Economy and Trade, with the support of the International Labour Office, one of the priority policies of the National Employment Strategy is combating informality, which envisages incentives to enterprises to become formal, measures to promote small and medium-size enterprise development and regulating those economic sectors more exposed to informality. Referring to paragraphs 128–137 of its abovementioned General Survey, the Committee would be grateful if the Government would indicate whether the system of labour administration also covers workers who are not, in law, employed persons and in particular those mentioned in subparagraphs (a) to (d) of this Article. If not, please indicate whether the Government considers a gradual extension of the functions of the labour administration system to cover them, and the measures taken or foreseen to this end.

Articles 8 and 9. Control of activities carried out by certain bodies. The Committee would be grateful if the Government would state which bodies within the system of labour administration exercise the functions provided in Article 8 of the Convention, and supply information on the role of these bodies in practice. The Committee would also be grateful if the Government would give details of the means available to the Ministry of Economy and Trade to ascertain whether the parastatal agencies and the regional and local agencies covered by Article 9 of the Convention are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.

Article 10. Human resources and material means of the labour administration. In paragraphs 160–166 of its General Survey, the Committee stressed the important role the means placed at the disposal of the State have in the effectiveness of a labour administration system. It observes, in paragraph 166, that “[t]he budget situation of labour administrations in the developing countries has direct repercussions on the conditions of work and qualifications of their staff, but especially on the services provided and hence on the conditions in which the population at large live and work”. In light of the aforesaid, the Committee would be grateful if the Government would provide information on the composition, status, conditions of service and training of the staff of the labour administration system, and would describe the material means and the financial resources available to the Ministry of Economy and Trade and to its provincial bodies for the performance of their functions.

Part III of the report form. According to the Government, no decisions involving questions of principle relating to the application of the Convention have been given by courts of law. The Committee would like to bring to the attention of the Government that labour administration includes various matters, such as those related to the free exercise of the right of association, wages, discrimination, hours of work, social security, dismissal, etc., that can be subject of labour disputes and give raise to judicial trial. The Committee would be grateful if the Government would provide copies or extracts of judicial decisions involving such issues.

Part IV. According to the Government, the country’s labour administration system corresponds to the Convention and the practical implementation of the Convention could be qualified as satisfactory. The Committee would be grateful if the Government would supplement this statement by sending to the ILO copies or extracts of any reports provided by the principal labour administration services, such as the National Agency for Employment, the Labour Inspectorate, the General Directorate of human resources, and the National Bureau of Statistics.

Part V. According to the Government, technical assistance by the ILO is provided through the following technical cooperation agreements: the
ILO–Migrant on the elimination of human trafficking from Moldova and Ukraine through labour market measures; the ILO–IPEC on the elimination of trafficking and other serious forms of child labour in Central and Eastern Europe (CEE); the ILO/AIDS on the implementation of policies and programs on HIV/AIDS at the workplace. The Committee would be grateful if the Government would provide details on the implementation of these projects and on their impact on the organization and functioning of the labour administration.