Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Private Employment Agencies Convention, 1997 (No. 181) - Republic of Moldova (Ratification: 2001)

1. The Committee noted the information provided by the Government in its first report received in August 2003. It also noted the comments from the Trade Union Confederation of the Republic of Moldova (CSRM) received in October 2003 and the observations formulated in response by the Government in April 2004. Further information on the application of the Convention and new comments from the Trade Union Confederation of the Republic of Moldova were received in October 2004. On the basis of this new information and in the light of the additional information which the Government is invited to provide on the following points, the Committee will again examine the conformity of legislation and practice with the provisions of the Convention and may formulate new comments.

2. Article 7, paragraphs 2 and 3, of the Convention. Exceptions authorized under Article 7, paragraph 1: Placement abroad. The Committee notes that in response to comments by the CSRM the Government states that no exception has been approved to Article 7, paragraph 1. It also notes that the Government reserves the possibility to formulate exceptions under Article 7, paragraph 2, as soon as the situation of the labour market improves. Nevertheless, the Committee notes that private employment agencies responsible for placing Moldovan citizens on the foreign labour market have the right to charge the worker for services provided after the conclusion of the work contract or the obtaining of the foreign visa (Order No. 28/36g, point 20, of the Minister of Economic Affairs of 10 June 2003). The Committee draws the Government’s attention to the exceptional nature of this principle in relation to the principle of free services provided by employment agencies formulated by Article 7, paragraph 1. It therefore urges the Government to examine the situation again in order to indicate in its next report the exceptions approved under Article 7, paragraph 2, stating the interest of the workers concerned and the reasons for these exceptions in respect of each of the organizations of employers and workers consulted.

3. Article 9. Prohibition of child labour. The Committee notes that, on the basis of section 46 of the Labour Code, the Government declares that no vacant post is offered by private employment agencies to young persons under 16 years of age. The Committee also notes the observations by the CSRM indicating that Act 451-XV of 30 July 2001 on the authorization of certain activities does not prohibit the use of child labour by private employment agencies, and that controls exercised by trade union organizations, as referred to by the Government in its report, is possible only in private employment agencies where trade union organizations exist at enterprise level. The Committee refers to its comments on Convention No. 138, and wishes to draw the Government’s attention to the fact that the professional qualification required to obtain the licence is not enough to guarantee in practice the absence of the use of child labour by private employment agencies. In this regard, the Committee notes that the Government is contemplating the incorporation soon of the prohibition on child labour in the conditions for awarding the licence and invites the Government to keep it informed of measures adopted in order to guarantee that child labour is neither used nor provided by private employment agencies.

[The Government is asked to reply in detail to the present comments in 2005.]