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

Labour Administration Convention, 1978 (No. 150) - Republic of Moldova (Ratification: 2006)

The Committee notes the Government’s first report received on 23 October 2008. It draws its attention to the following points.

Article 2 of the Convention Delegation of certain activities of labour administration. The Committee would be grateful if the Government would clarify whether, in accordance with national laws, regulations or national practice, certain activities of labour administration are delegated or entrusted to non-governmental organizations.

Article 4. Organization and functioning of the labour administration system. The Committee notes the information provided by the Government on the functioning of the national commission and committees for consultation and collective negotiation. Referring to paragraph 43 of its General Survey of 2007 on labour administration, the Committee would be grateful if the Government would provide more information on arrangements made to ensure a proper organization and effective operation of the system of labour administration in practice, the functions and responsibilities of which are properly coordinated.

Article 5. Impact of tripartism. The Committee notes information provided by the Government on the functioning of the committees for consultation and collective negotiations, their role and participation in drafting acts relating to labour matters, on the cooperation that the labour inspectorate has established with other social partners. It notes, in particular, in this regard, the Law No. 245-XVI of 21 July 2006 on the organization and functioning of the National Commission for consultation and collective negotiation, the committees for consultation and collective negotiation at the branch and territorial level. The Committee would be grateful if the Government would also provide information on the issues examined by committees for consultation and collective negotiation and on the results achieved and forward copies of any relevant documentation.

Article 6, paragraph 2(c). Services offered to promote social dialogue and tripartism. The Committee would be grateful if the Government would indicate the manner in which the competent bodies within the system of labour administration provide their services to employers and workers, and their respective organizations, and provide any relevant documentation.

Article 6, paragraph 2(d). Technical advice offered to employers and workers. The Committee would also be grateful if the Government would indicate the bodies responsible for providing technical advice to employers and workers, and their respective organizations, by giving examples of the type of technical advice sought and the outcome achieved, where appropriate.

Article 7. Extension of the functions of the labour administration system. According to the document entitled “National Employment Strategy of Moldova for 2007–15”, published by the Ministry of Economy and Trade, with the support of the International Labour Office, one of the priority policies of the National Employment Strategy is combating informality, which envisages incentives to enterprises to become formal, measures to promote small and medium-size enterprise development and regulating those economic sectors more exposed to informality. Referring to paragraphs 128–137 of its abovementioned General Survey, the Committee would be grateful if the Government would indicate whether the system of labour administration also covers workers who are not, in law, employed persons and in particular those mentioned in subparagraphs (a) to (d) of this Article. If not, please indicate whether the Government considers a gradual extension of the functions of the labour administration system to cover them, and the measures taken or foreseen to this end.

Articles 8 and 9. Control of activities carried out by certain bodies. The Committee would be grateful if the Government would state which bodies within the system of labour administration exercise the functions provided in Article 8 of the Convention, and supply information on the role of these bodies in practice. The Committee would also be grateful if the Government would give details of the means available to the Ministry of Economy and Trade to ascertain whether the parastatal agencies and the regional and local agencies covered by Article 9 of the Convention are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them.

Article 10. Human resources and material means of the labour administration. In paragraphs 160–166 of its General Survey, the Committee stressed the important role the means placed at the disposal of the State have in the effectiveness of a labour administration system. It observes, in paragraph 166, that “[t]he budget situation of labour administrations in the developing countries has direct repercussions on the conditions of work and qualifications of their staff, but especially on the services provided and hence on the conditions in which the population at large live and work”. In light of the aforesaid, the Committee would be grateful if the Government would provide information on the composition, status, conditions of service and training of the staff of the labour administration system, and would describe the material means and the financial resources available to the Ministry of Economy and Trade and to its provincial bodies for the performance of their functions.

Part III of the report form. According to the Government, no decisions involving questions of principle relating to the application of the Convention have been given by courts of law. The Committee would like to bring to the attention of the Government that labour administration includes various matters, such as those related to the free exercise of the right of association, wages, discrimination, hours of work, social security, dismissal, etc., that can be subject of labour disputes and give raise to judicial trial. The Committee would be grateful if the Government would provide copies or extracts of judicial decisions involving such issues.

Part IV. According to the Government, the country’s labour administration system corresponds to the Convention and the practical implementation of the Convention could be qualified as satisfactory. The Committee would be grateful if the Government would supplement this statement by sending to the ILO copies or extracts of any reports provided by the principal labour administration services, such as the National Agency for Employment, the Labour Inspectorate, the General Directorate of human resources, and the National Bureau of Statistics.

Part V. According to the Government, technical assistance by the ILO is provided through the following technical cooperation agreements: the
ILO–Migrant on the elimination of human trafficking from Moldova and Ukraine through labour market measures; the ILO–IPEC on the elimination of trafficking and other serious forms of child labour in Central and Eastern Europe (CEE); the ILO/AIDS on the implementation of policies and programs on HIV/AIDS at the workplace. The Committee would be grateful if the Government would provide details on the implementation of these projects and on their impact on the organization and functioning of the labour administration.