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

Labour Inspection Convention, 1947 (No. 81) - Republic of Moldova (Ratification: 1996)

The Committee notes the Government’s 2008 report containing detailed information on the work of the labour inspection services. It also notes that the labour inspectorate activities focused on the implementation of the European Union – Republic of Moldova Plan 2005–08 and the National Development Strategy for 2008–11. The Committee would be grateful if the Government would provide particulars concerning the following points.

Article 3, paragraph 1, and Article 21, of the Convention. Improvement of labour inspection activities. The Committee notes with interest that the activities of the labour inspection services seem to have improved to a large extent in 2008: 7,739 inspection visits were made to enterprises compared to 6,362 visits made in 2007; 69,366 cases of breaches of the legislation were recorded compared to 63,728 cases recorded in 2007; and 2,820 complaints were examined compared to 2,365 in 2007. The Committee requests the Government to ensure that the annual reports will include more detailed information on the activities of the labour inspection services, taking into account the guidance provided in Paragraph 9 of Recommendation No. 81.

Article 5(a). Cooperation between the inspection services and other government services and public or private institutions engaged in similar activities. Labour inspection and child labour. The Committee notes with interest that, during 2008, the labour inspectorate contributed in the preparation and adoption of: (i) the Occupational Safety and Health Act; (ii) the resolution on procedures for the organization of activities to protect workers in the workplace and eliminate occupational risks; and (iii) model rules of procedure for the organization and functioning of occupational safety and health committees. The labour inspectorate also participated in 28 working meetings with the heads of local authorities of primary and secondary levels, where various aspects of labour relations were discussed and the most effective ways of ensuring application of the labour legislation and occupational safety and health standards were examined.

Besides, joint actions of a specific character, including checks, were carried out by the labour inspectorate and representatives of other organizations with control functions. Thus, based on Government Directive No. 1216-332 of 1 August 2008, inspections of enterprises operating in the entertainment and nightclub industry have been carried out together with the officials from the police. Such inspections included, in particular, aspects of labour by workers under 18 years of age which were set as one of the tasks of inspection under Order No. 136 of 13 June 2008 of the General Labour Inspector and the aforementioned Directive. Thus, at the time of inspections, 300 children were working in enterprises and various violations of the law have been recorded, concerning contracts of employment, medical examination, working time, rest and wages and night work and work on free days and holidays. As a result of such inspections, notices within the prescribed time limits were issued and the removal of children from works with heavy and harmful conditions was ordered. The Committee would be grateful if the Government would continue providing information on such inspection actions and on their impact on promoting observance of the labour legislation related to child labour. In addition, the Committee once again requests the Government to describe measures undertaken on the basis of Order No. 105 of 30 May 2007 of the General Labour Inspector related to the inspection of child labour and to send a copy of the abovementioned Order.

Articles 6 and 15. Obligations of labour inspectors arising from their status. The Committee would be grateful if the Government would provide, according to the commitment made in its report, a copy of the report on the application of Law No. 25‑XVI of 22 February 2008 on the conduct of civil servants.

Article 8. Eligibility of both men and women for appointment in the inspection staff. According to the Government, the number of staff and the organizational structure of the labour inspectorate did not undergo any changes and, out of 95 inspectors, 14 were women. The Committee would be grateful if the Government would indicate whether it envisaged taking measures to promote recruitment of women as labour inspectors, for example, to deal with specific issues pertaining to women and young workers.

Article 11. Means available for labour inspection officials. According to the Government, specific measures have been taken to better equip labour inspectorates with landline telephones, facsimile machines, computer equipment to automatically process data and motor vehicles which are available to all territorial labour inspectorates. Furthermore, it indicates that steps are being taken to ensure availability of computer equipment and software to labour inspectorates. The Committee would be grateful if the Government would keep the ILO informed of any developments in this regard. Moreover, referring to its previous direct request, the Committee would be grateful if the Government would clarify whether the new computerized data management system for labour inspection has already been established as indicated in the Government’s report of 2007.

Article 12, paragraph 1(a) and (b). Inspectors’ freedom of access to workplaces. Timing of inspections. Noting that the Government did not clarify whether regulations approved by Ordinance No. 1481 of 27 December 2001 have been repealed, the Committee is bound to repeat its previous request which read as follows:

The Committee notes that, although Act No. 140-XV of 10 May 2001 on labour inspection authorizes inspectors to enter workplaces “at any hour of the day or night” without informing the employer in advance (section 8), the scope of this right is actually restricted by the regulations implementing this Act, approved by Ordinance No. 1481 of 27 December 2001, to the period of “working hours” (paragraph 22). The Committee recalls that, according to Article 12(1) of the Convention, labour inspectors must be empowered to enter freely at any hour of the day or night any workplace liable to inspection (clause (a)) and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection (clause (b)). In its General Survey of 2006 on labour inspection (paragraph 270), the Committee emphasized that the conditions for the exercise of the right of free entry to workplaces laid down by Conventions Nos 81 and 129 are intended to allow inspectors to carry out inspections, where necessary and possible, to enforce the application of legal provisions relating to conditions of work. It pointed out that the protection of workers and the technical requirements of inspection should be the primordial criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work conditions in a workplace officially operating during the daytime, or to carry out technical inspections requiring machinery or production processes to be stopped. Referring to Recommendation No. 133, Paragraph 9 of which provides that the activity of labour inspectors at night should be limited to those matters that cannot be effectively controlled during the day, the Committee considered that it should be for the inspector to decide whether or not a visit is reasonable, since inspections should only be carried out at night or outside working hours where this is warranted. The Committee therefore requests the Government to take steps to amend the legislation so as to bring it into line with the Convention with regard to the scope of inspectors’ right to enter freely at any hour of the day or night any workplace liable to inspection and to enter by day any other premises believed to be liable to inspection. It would be grateful if the Government would send information on these measures to the Office and supply copies of any relevant texts.

Articles 14 and 21. Notification of industrial accidents and cases of occupational disease. Content of the annual report. Noting the indications by the Government that the options for informing the labour inspectorate of cases of occupational disease are currently being reviewed, the Committee requests the Government to indicate the measures taken or envisaged in this regard and keep the ILO duly informed of the progress made.

Article 18. Penalties for obstructing labour inspectors’ work. According to the Government, article 394 of Administrative Code No. 218, adopted on 24 October 2008, provides for the imposition of a fine of between 1,000 and 10,000 Moldovan leu, with or without the withdrawal of the right to carry out specific activities for a period of three months to one year, in the case of impeding in any way the legal activities of a civil servant when he/she is carrying out his/her official duties. The Government indicates that the aforementioned Code came into force on 31 May 2009 and that a report on the application of article 394 of the Code will subsequently be provided. The Committee would be grateful if the Government would provide a copy of the aforementioned Administrative Code and information and examples of the practical application of article 394 of the Code.

Article 20. Publication of the annual report. The Committee once again asks the Government to indicate the manner in which the annual report on the work of the labour inspectorate is published or disseminated, so that it is accessible, in particular, to the social partners and the public and private bodies concerned, and the manner in which any comments on the working of the inspection system can be obtained from them with a view to improving it. If the annual report is not published, the Government is asked to take steps aimed at giving full effect to the provisions of the Convention.