Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Equality of opportunity and treatment of ethnic minorities. The Committee recalls its previous comments on the difficulties faced in the labour market by persons belonging to minority groups, including the Gaugaz and Roma, in the labour market. The Committee notes the adoption of the action plan on supporting the Roma people of the Republic of Moldova for 2007–10 under which various orientation activities and training programmes were organized with a view to promoting Roma’s access to employment and occupation. The Committee also notes from the Government’s report under the Framework Convention for the Protection of National Minorities that the project “training for linguistic minorities in Moldova” is designed to provide persons belonging to minority groups with skills in the national language and thus enhance their opportunities of employment. The Committee requests the Government to provide an assessment of the implementation of concrete action undertaken under the action plan on supporting the Roma people of the Republic of Moldova, including an indication of the number of men and women of Roma origin who have found employment following their participation in the activities concerned. Noting that the statistical information provided on the national composition of students does not refer explicitly to the situation of Roma people, the Committee encourages the Government to collect and submit such information in future reports. The Committee further requests the Government to supply information on the implementation of the project “training for linguistic minorities in Moldova” and on any other positive measures taken, including under the national Human Rights Action Plan (2004–08) to remove barriers hindering ethnic minorities’ access to employment.

Equality of opportunity and treatment between men and women. The Committee notes Decree No. 984 of 2006 regarding the National Plan on the Promotion of Gender Equality in Society for 2006–09. It further notes the statistics on the employment of men and women during 2006–08 (first quarter) confirming the prevailing gender segregation of the labour market previously noted by the Committee. The Committee recalls that section 13(3) of Act
No. 5-XVI of 9 February 2006 regarding the assurance of equal opportunities for women and men provides for the adoption of affirmative action measures to ensure equal representation of men and women in occupations in which either sex is over-represented. The Committee understands that the National Employment Agency (NEA) has conducted various initiatives to promote vocational training in accordance with the needs of the market, and that a Memorandum of Understanding has been concluded with UNIFEM to strengthen the NEA’s capacity to integrate a gender dimension in its activities. The Committee must note, however, the absence of any further information in the Government’s report on the concrete action taken to improve the participation rates of women in those economic sectors and occupations in which they are under-represented. The Committee requests the Government to supply information on the following:

(i)    the participation rates of men and women in the different types and areas of training organized by the NEA and in the different occupations;

(ii)   any affirmative action undertaken pursuant to section 13(1) of Act
No. 5-XVI of 2006 and the outcome thereof; and

(iii) the outcome of the action undertaken under the National Plan on the Promotion of Gender Equality in Society for 2006–09 to overcome the current segregation of the labour market, and to increase the participation rates of women in sectors or occupations in which they are currently under-represented.

Work and family responsibilities. The Committee notes with interest that Act No. 60-XVI of 21 March 2008 amending sections 120(2) and 121(4) of the Labour Code, provides that one of the parents and unmarried single parents with two or more children under the age of 14, or with a disabled child under the age of 16, are entitled to 14 days of unpaid annual leave, and that four additional days of annual paid leave are granted to one of the parents. The Committee asks the Government to provide information on the practical application of sections 120(2) and 121(4) of the Labour Code, including an indication of the number of fathers that have been granted such leave.

Special measures of protection and assistance. The Committee recalls section 248 of the Labour Code and Decision No. 624 of 6 October 1998 concerning occupations prohibited for women. The Committee notes the Government’s statement that the social partners have not yet taken any initiative to review the list of occupations contained in Decree No. 624, but that should they do so, the Government would be ready to examine the list of prohibited occupations for women. The Committee requests the Government to take measures to initiate the process of reviewing the list of prohibited occupations to ensure that prohibitions are limited to protecting maternity and not aimed at protecting women because of their sex or gender based on stereotyped assumptions, and to provide information on the progress made in this regard.

Sexual harassment. With respect to the legal prohibition of sexual harassment, the Committee notes the Government’s explanation that section 5(4) of Act No. 5-XVI, 2006, which deals with discrimination and forbids any action limiting or excluding equal treatment between women and men, covers sexual harassment. The Committee asks the Government to provide information on the number and outcome of court cases of workplace sexual harassment in the context of section 5(4) of Act No. 5-XVI of 2006, as well as on the measures taken to raise awareness among workers and employers about sexual harassment in employment and occupation.

Trafficking of women. The Committee recalls its previous comments relating to the vulnerability of women, especially those in rural areas, to traffickers, and the need to address their economic security as a means to reduce this vulnerability. The Committee notes the general information in the Government’s report regarding studies that have been undertaken on the situation of women and underprivileged people in the labour market. In the absence of any further specific information, the Committee must reiterate its request for information on the implementation of measures to improve women’s job opportunities, particularly of those living in poverty and in rural areas, and the effect of these measures on reducing women’s vulnerability to traffickers.

Institutional framework. The Committee notes the adoption of Decree No. 895 of 2006 on the regulations of the Commission on Equal Opportunities for Men and Women, which sets out the major objectives of the Commission’s mandate. It further notes that gender units have been created within several ministries and public administration authorities, including the NEA and the Labour Inspectorate, which have the mandate to monitor observance of equality legislation and to make proposals for integrating gender equality in policies and activities. The Committee would appreciate receiving updated information on any concrete steps taken by the Commission on Equal Opportunities for Men and Women to implement the national plan for gender equality, as well as an assessment of the impact of these activities. The Committee further requests the Government to supply details on the activities of the gender units to improve the participation rates of women in training and education programmes, and in the sectors and occupations in which they are under-represented. The Committee also requests further information on the enforcement, including by the gender unit of the Labour Inspectorate, of Act No. 5-XVI, 2006.

Discrimination on the basis of age. The Committee recalls its previous observation in which it noted the communication by the Confederation of Trade Unions of the Republic of Moldova (CSRM), received on 26 July 2006, alleging that Act No. 8-XVI of 9 February 2006, which inserts section 82(i) in the Labour Code allowing for the termination of an employment contract in cases where the employee has reached retirement age, discriminated against workers on the basis of age. The Committee notes the Government’s indication that section 82 was further amended by Act No. 269-XVI of 28 July 2006 and that it now provides only for the termination of the employment of heads of state enterprises or heads of enterprises in which the State is a majority shareholder upon their reaching the age of 65. Such persons can however conclude labour contracts for a period up to two years under section 55(f) of the Labour Code for positions other than that of head of an enterprise. The Committee refers the Government to its 2008 observation on the application of the Termination of Employment Convention, 1982 (No. 158).