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

Human Resources Development Convention, 1975 (No. 142) - Republic of Moldova (Ratification: 2001)

1. The Committee notes the Government’s first report on the application of the Convention, received in September 2003. It notes in particular that by Decision No. 253-XV of 19 June 2003, the Parliament of the Republic of Moldova adopted the "Design for the vocational guidance, training and instruction of human resources", which was to lead in 2004-05 to the preparation of a national action plan on the vocational guidance, training and instruction of human resources (Chapter VII of the Design). The Committee asks the Government to indicate in its next report the measures taken under the national action plan in order to give effect to the provisions of the Convention.

2. Linking of vocational guidance and vocational training with  employment. The Committee notes from the Government’s report that vocational guidance and vocational training are not at present linked with employment, as prescribed in Article 1, paragraph 1, of the Convention. It notes the various measures planned by the Government to remedy this situation. The Committee recalls its comments on the application of the Employment Policy Convention, 1964 (No. 122), and would be grateful if the Government would provide information on the progress made in ensuring that vocational guidance and vocational training are closely linked with employment.

3. Young persons’ access to education. The Committee wishes to refer more particularly to its direct request of 2003 on the application of the Minimum Age Convention, 1973 (No. 138). It recalls that, according to the Department of Statistics and Sociology of the Republic of Moldova, 26,000 persons of between 15 and 17 years of age worked in 2002. The Committee further notes from the information supplied by the Government that between 15,000 and 20,000 children leave the school system each year at the age of 15/16 years (end of compulsory schooling) and remain without social protection from the State until age 18, when they are able to take up vocational training. The Committee hopes that in its next report the Government will provide information on educational and vocational training measures taken to contribute to eliminating child labour. Please also provide details of the vocational guidance and vocational training measures taken for young people leaving school.

4. Article 1, paragraph 5, of the Convention. Promotion of vocational training for women and ethnic minorities. The Committee notes that articles 34(1), and 35(1), (2) and (3) of the Constitution of the Republic of Moldova and sections 43 and 47(b) of its Labour Code establish equality of opportunity and ban all forms of discrimination in vocational guidance and vocational training. The Committee refers the Government in this connection to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it addressed the situation of women jobseekers and members of ethnic minorities. It hopes that the Government’s next report will specify the practical measures taken to encourage and enable all persons, including women and members of ethnic minorities, on an equal basis and without any discrimination whatsoever, to develop and use their capabilities for work in their own best interests and in accordance with their own aspirations, account being taken of the needs of society.

5. Article 2. Improvement of the system of education, vocational guidance and vocational training. The Committee notes that mapping of the education establishments has begun. The National Employment Agency is responsible for vocational guidance, and vocational training is provided for in the national legislation. The Committee asks the Government to continue to describe the measures taken to ensure that in practice the systems of general, technical and vocational education, educational and vocational guidance and vocational training are "open, flexible and complementary", as required by this provision of the Convention.

6. Article 3. Information on employment. The Committee notes the Government’s efforts to provide the population with continuing information on employment, among other means through the creation of labour market databases (section 6(5) of Act No. 102-XV and Chapter VII of the Design). It asks the Government to continue to provide information on the implementation of these databases and to report any future extension of the vocational guidance system. It also asks the Government to indicate, as required by the Convention, how it ensures that information is made available on promotion opportunities, working conditions, occupational safety and health, and on general aspects of collective agreements and the rights and obligations of all parties under the labour law.

7. Article 4. The Committee notes the information supplied by the Government in its report on the requirement for employers to provide vocational training every four years for their employees. The Committee reminds the Government that measures must be taken to ensure that vocational training systems are adapted to the changing needs of the economy and the various branches of economic activity, and asks it to indicate the measures taken to this end. It would be grateful if the Government would specify the provisions of the legislation that address this requirement and to provide information on its practical impact. The Government is also asked to provide general statistical data disaggregated by age, sex and activity, on persons who have received vocational training.

8. Article 5. Cooperation with employers’ and workers’ organizations. The Committee notes that employers’ and workers’ organizations are associated on an ad hoc basis in the formulation of vocational guidance and training policies and programmes. It notes, however, that Chapter VII of the Design provides for the social partners to cooperate in drafting a national action plan for the vocational guidance, training and instruction of human resources. The Committee reminds the Government that cooperation with employers’ and workers’ organizations must be assured, as a general rule, not only in formulating vocational guidance and vocational training policies and programmes, but also in implementing them. It therefore asks the Government to describe in its next report any formal procedures or consultative machinery instituted for this purpose.