Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Republic of Moldova (Ratification: 1996)

The Committee notes the Government’s report.

It also notes the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2350 where it invited the Government to take the necessary measures to review the Fiscal Code in full consultation with the social partners concerned, with the aim of finding a mutually agreeable solution to the issue of fiscal treatment of membership fees paid by employers to their organizations, including considering the introduction of a tax regulation that would enable the deductibility of membership fees paid by employers to their organizations should there indeed be discrimination in fiscal treatment found (see 338th Report, paragraph 1085(b)). The Committee notes with satisfaction that, by Law No. 268-XVI of 28 July 2006, the Fiscal Code was amended so as to allow tax deductibility of membership fees.

In its previous comments, the Committee had noted section 6 of the Law on Employers’ Organizations, which required at least ten employers to create an employers’ organization, and recalled that such a requirement for membership was too high and likely to be an obstacle to the free creation of employers’ organizations. The Committee once again requests the Government to keep it informed of the developments regarding a draft bill amending the law on employers’ organizations, referred to in the Government’s earlier report and in particular, its section 6.

The Committee notes the comments submitted by the International Confederation of Free Trade Unions (ICFTU) in its communication dated 10 August 2006 and the comments transmitted by the Confederation of Trade Unions of the Republic of Moldova (CSRM) in communications dated 14 and 23 August 2006. The Committee further notes the reply provided by the Government to the comments submitted by the ICFTU in its communication dated 31 August 2005. The Committee notes that the allegations submitted by the ICFTU concern issues of interference by the Government in internal affairs of the CSRM and its affiliates. In this respect, it notes the interim conclusions and recommendations of the Committee on Freedom of Association in Case No. 2317 and, in particular, its recommendation to conduct independent inquiries into all alleged instances of pressure exercised upon the trade unions affiliated to the Union of Education and Science, the AGROINSIND, the Federation of Unions of Chemical Industry and Energy Workers, the “Moldsindcoopcomet” Federation, the “Raut” Trade Union, the Trade Union of Workers of Cadastre, Geodesy and Geology “SindGeoCad” and the Trade Union of Culture Workers (see 342nd Report, paragraph 878(h)). The Committee requests the Government to keep it informed in this respect.

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