Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 2 of the Convention. Equality of opportunity and treatment of the Roma. The Committee notes from the Government’s report that the National Employment Agency (NEA) has organized seminars and roundtables on topics related to the integration of the Roma in the labour market, and that under the action plan on supporting the Roma people, 15 Roma community mediators have been appointed. The Government also indicates that the proportion of Roma registered as unemployed, increased from 698 persons in 2010 (0.9 per cent) to 740 persons in 2012 (1.4 per cent). With regard to the “training for linguistic minorities in Moldova” project, the Government states that in 2010 it allocated 90,000 Moldovan leu (MDL) to edit a programme manual and exercise book and to organize language training courses for groups of civil servants. Furthermore, the Government has set a target of providing language training for 60 per cent of adult minorities by the end of 2015. The Committee requests the Government to continue to provide information on the measures taken to improve the access of Roma people to employment, including through the activities of community mediators and language training. The Committee reiterates its request for information on the number of men and women of Roma origin who have found employment following their participation in the activities concerned.

Equality of opportunity and treatment between men and women. The Committee notes the Government’s statement that, while the legal framework guarantees women the same access as men to work and other basic rights in theory, in practice women face many barriers to the enjoyment of such rights. Regarding measures taken to address these barriers, the Committee notes that the NEA has initiated a gender audit with a view to improving its services in promoting equal access of both sexes to the labour market. The Government has also established the Joint Information and Services Bureaus (JISBs), which operate through a one-stop shop model, providing information and advice on a wide range of issues including employment and social protection. The Committee notes that the majority of the beneficiaries of the services provided by JISBs are rural women. It also notes that 73 per cent of the graduates of professional training courses in 2012 were women. The Committee requests the Government to continue to provide information on steps taken, including by the Commission on Equal Opportunities for Men and Women, to address the practical barriers faced by women in employment and occupation and to implement the National Programme for Ensuring Gender Equality for 2010–15, and the results achieved. The Committee also asks the Government to provide updated information on the results achieved by the JISBs, including information on the number of women assisted, and on the activities of the gender units to reduce horizontal gender segregation in training and education programmes, as well as in the labour market.

Affirmative action. The Committee notes the Government’s indication that it is in the process of reviewing a draft law which would amend provisions regarding affirmative action measures, including Law No. 5-XVI of 9 February 2006 on Ensuring Equal Opportunities for Men and Women. The Committee notes that the draft amendment to the Law establishes minimum participation quotas of 40 per cent for each sex in access to public offices, in representation in governing bodies of political parties, and on the list of candidates, and requests the Government to continue to provide information on the review of Law No. 5 XVI.

Work and family responsibilities. The Committee notes from the Government’s report that section 10(2) of the Labour Code has been amended to require employers to ensure equal conditions for women and men to balance work and family obligations (subsection f4). The Government reports that of the 35,288 beneficiaries of monthly allowances for childcare for children under 3 years of age, 98.7 per cent were mothers. The Committee requests the Government to provide information on the practical application of sections 120(2) and 121(4) of the Labour Code regarding leave, as well as on section 124(4), including updated statistics on the number of fathers that have been granted such leave. Please also provide information on measures taken to promote the equal sharing of family responsibilities between men and women, including measures taken to encourage fathers to take child care leave, and actions taken by employers to promote the equal sharing of family responsibilities pursuant to section 10(2)(f4) of the Labour Code.

Special measures of protection and assistance. The Committee welcomes the information provided by the Government regarding the amendments made to the Labour Code, including sections 103, 105, 110 and 111 which no longer prohibit women with children under the age of three from participating in night work, overtime work or work on non-working holidays, respectively. It also notes that in the aforementioned sections as well as in sections 108 and 116, which relate to child feeding breaks and annual leave respectively, the word “women” has been replaced with “parents”. Section 249 regarding the attendance of official business trips and section 318 regarding continuous shift work have also been amended so as to remove gender specific restrictions. The Committee requests the Government to ensure that, in the process of the ongoing review of labour legislation, any restrictions on the work that can be done by women are strictly limited to maternity protection, and asks the Government to continue to provide information in this regard.

Special measures for women victims of trafficking. The Committee notes that the NEA continues to take measures, including under the institutional business plan, to assist victims of trafficking, including free training courses and job fairs. The Committee notes from the Government’s report that the number of victims of trafficking with the status of unemployed who benefit from an integration or reintegration allowance decreased from 20 persons (16 women) in 2010 to seven persons (four women) in 2012. The Committee requests the Government to provide information on the results achieved under the NEA’s institutional business plan 2012–13 related to access to employment of women victims of trafficking and on any further measures taken in this regard.

Enforcement. The Government indicates that the labour inspectorate conducted 6,510 control visits in 5,400 units. Of the 217,000 employees who worked in these units, 107,000 were women; there were 1,309 petitions for actions of examination filed by women, including 132 from rural women. The Committee notes the Government’s indication that the labour inspectorate is continuously developing activities to promote awareness of the legal framework relating to discrimination, including through articles published in the local press, and radio and television broadcasts. Regarding the enforcement of the Law on Ensuring Equality, the Committee notes the concern expressed by the United Nations Working Group on the issue of discrimination against women in law and in practice that the effectiveness of the law is threatened by the deletion of sanctioning powers from the mandate of the Council to Prevent and Combat Discrimination and Ensure Equality (A/HRC/23/50/Add.1, 15 March 2013, paragraph 24). The Committee requests the Government to provide information on: (i) the specific nature of violations relating to discrimination detected by or reported to the labour inspectorate and other relevant authorities; (ii) the measures taken by the labour inspectorate to prevent discrimination and promote equality, including detailed information on the specific activities undertaken to raise awareness among workers, employers and the public, and the results achieved thereof; and (iii) the status of the Council to Prevent and Combat Discrimination and Ensure Equality, including on steps taken to restore the Council’s sanctioning powers.