Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. Article 1 of the Convention. Application in law. The Committee notes with interest that the new Labour Code (Act No. 154-XV of 23 March 2003) contains several provisions applying the Convention. The Code recognizes the right to free choice of work, the prohibition of discrimination, and equality of rights and opportunities of all workers as basic principles of labour relations (section 5). Under section 8(1), any direct or indirect form of discrimination on the grounds of sex, age, race, nationality, creed, political convictions, social origin, place of residence, physical, intellectual or mental disability, membership in trade unions or participation in trade union activities, as well as other criteria which are unrelated to the professional qualification of the worker, is prohibited. The Committee notes that section 47 explicitly extends the prohibition of discrimination to the recruitment process. Enterprises must include in their internal regulations provisions concerning the observance of the principle of non-discrimination and elimination of any form of infringement of dignity at work (section 199). The Committee requests the Government to provide detailed information on the practical application and enforcement of the non-discrimination provisions of the Labour Code, including indications on the number, nature and outcomes of cases involving these provisions dealt with by the labour inspectors and the courts.

2. Prohibited grounds of discrimination - colour. The Committee notes that sections 8, 47 and 128 prohibit discrimination on a number of grounds, but that the criteria of colour which is one of the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, has been omitted. The Committee recalls that it has always emphasized that, where legislative provisions are adopted to give effect to the principle of the Convention, they should include all the grounds of discrimination laid down in Article 1(1)(a) of the Convention. The Committee therefore recommends that the prohibited ground of colour be included in the legislation in the course of future amendments and requests the Government to provide information on any steps taken in this regard.

3. Article 2. Measures to promote equality of opportunity and treatment in employment and occupation. The Committee notes with interest that the Government has adopted a national plan for the promotion of gender equality in society (2003-05), which, inter alia, aims at eliminating gender discrimination in the labour market. The Parliament adopted a national plan of action in the field of human rights (2004-08), which envisages activities to promote equality of opportunity and treatment on the basis of sex and ethnic origin. The Government is requested to provide information on the concrete activities and programmes carried out under these plans with a view to promoting equality in the world of work irrespective of sex or ethnicity, including results achieved.

The Committee is raising other points in a request addressed directly to the Government.