Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Forty-Hour Week Convention, 1935 (No. 47) - Republic of Moldova (Ratification: 1997)

Article 1 of the Convention. The principle of the 40-hour week – Averaging of hours of work – Overtime. In its previous comment, the Committee drew the Government’s attention to section 99 of the Labour Code, which allows the averaging of working hours over a reference period of up to one year, and to section 104(5) of the Labour Code which provides that the maximum annual limit of overtime may be increased from 120 to 240 hours in exceptional cases with the written consent of the workers’ representatives. The Committee expressed the view that these provisions authorized practices that would possibly lead to unreasonably long hours of work and would thus directly contradict the principle of progressive reduction of hours of work. In its latest report, the Government indicates that the number of businesses operating on an annualized average of hours of work is fairly small although no concrete data on the number and type of enterprises concerned could be provided. The Government also indicates that whether calculating hours of work as an average, all enterprises are still bound to comply with the 12-hour daily limit. Moreover, with respect to additional hours, the Government states that the possibility to work in excess of normal hours is often in the employees’ own interest who have the opportunity to obtain additional income that helps maintain and support the family.

While noting the Government’s explanations, the Committee wishes to stress once more the negative effects that excessive daily or weekly hours of work may have on the health of workers and the work–family balance. This is why – as the Committee pointed out in paragraphs 144–145 of the 2005 General Survey on hours of work – “reasonable” limits on overtime are needed based on a thorough evaluation of the intensity of the respective work, its ability to produce physical or mental fatigue, and of possible negative consequences of fatigue for the employee and the public at large. Moreover, while fully appreciating the workers’ wish to amplify their income by working extra hours, the Committee is bound to reiterate that undue facilitation of overtime, for instance, by allowing high maximums, would tend to defeat the objective of the 40-hour week and render simply irrelevant the provisions on normal working hours. In this connection, the Committee notes the observations made by the National Confederation of Trade Unions of Moldova (CNSM), which were received on 11 October 2013 and transmitted to the Government on 23 October 2013. The CNSM denounces practices, such as the 24-hour shift of medical personnel permitted under section 3 of Government Decision No. 1223 of 2004, as being incompatible with the letter and the spirit of the Convention. The CNSM also refers to multiple cases of non compliance with working time legislation and alleges poor enforcement in this regard. In its reply, the Government indicates that in order to discuss the CNSM complaint, the Ministry of Labour, Social and Family has convened in November 2013 a meeting, where the representatives of CNSM, state labour inspectorate, Ministry of Health and Syndicate Health have been invited. As a result of this meeting, the Ministry of Labour, Social and Family has initiated an amendment of Law No. 131 of 8 June 2008 and Government’s Decision No. 1223 of 9 November 2004 aiming at reducing the length of the working day for health care staff. While noting the Government’s explanations, the Committee requests the Government to take all necessary action to ensure that national legislation on the principle of a 40-hour week is fully aligned with the requirements of the Convention and to keep the Office informed of any further developments in this respect.