Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Republic of Moldova (Ratification: 1996)

The Committee notes the information provided by the Government in its first report on the application of the Convention. It requests it to provide further information in its next report, particularly on the following points.

1. The Committee requests the Government to provide with its next report a copy of the Employment Act of 1997, as amended on 17 December 1997.

2. Article 1, paragraph 1, of the Convention. The Committee requests the Government to indicate the manner in which protection is provided against discrimination in employment on the basis of political opinion, particularly at the time of recruitment. It requests the Government to indicate in particular whether the term "convictions", which is one of the prohibited grounds of discrimination under section 17 of the Labour Code, may be understood as covering "political opinion". The Committee notes that section 82 of the Labour Code, respecting employment remuneration, sets out the principle of non-discrimination in the determination of remuneration on the basis of a number of criteria, which do not include race, colour, political opinion or social origin. The Committee requests the Government to indicate whether it intends to extend the protection provided by this provision to all the criteria set out in the Convention. In this respect, the Committee observes that the Convention requires the prohibition of discrimination in respect of all aspects of employment and occupation. It therefore requests the Government to indicate the measures by which protection against discrimination is ensured in respect of all conditions of employment, and on all the grounds enumerated in the Convention.

3. The Committee notes that, under section 168 of the Labour Code, the list of types of work which women may not perform because of the arduous nature and harmful conditions of the work is to be specified in an order issued by the Government. It requests the Government to indicate whether this order has already been adopted and, if so, to provide a copy of it.

4. Article 2. The Committee would be grateful if the Government would provide it with information on all national policy measures in the strict sense, excluding constitutional provisions and the provisions of the Labour Code, intended to promote equality of opportunity and treatment in employment and occupation. It would also be grateful to be provided with information on the national policy concerning ethnic minorities.

5. The Committee notes that a general department has been established within the Ministry of Labour with a view to studying the specific problems of women on the employment market, as well as the protection of maternity and childhood. It requests the Government to provide it with information on the activities undertaken by the above department, the studies carried out, etc. It would also be grateful to receive information on the "decision respecting the approval of the plan of essential action to improve the situation of women and increase their role in society" (No. 39), adopted on 15 January 1998, and the action taken on the basis of this decision.

6. Article 4. The Committee requests the Government to provide it with information in its next report on any legislative or administrative measures and any national practices governing the employment or professional activities of persons who are under legitimate suspicion of carrying on activities prejudicial to the security of the State, or who have been proven to carry on such activities, and on the channels of appeal available to such persons.

7. The Committee would be grateful to receive with the next report further information on the effective supervision by state inspectors and by trade unions of the application of labour legislation, in accordance with the Labour Code. Please provide data on any inspections of enterprises made by inspectors, the complaints made by trade unions concerning violations of the labour legislation by an enterprise, etc.

8. Finally, the Committee requests the Government to provide in its next report the information requested in the report form for this Convention under Parts IV, V and VI.