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

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

Legislative developments. The Committee notes with satisfaction that “skin colour” and “HIV/AIDS infection” have been added to the list of prohibited grounds of discrimination enumerated in section 8 of the amended Labour Code, brought into effect by Law No. 168 of 9 July 2010. It also notes that section 10(2)(f1), (f2) and (f4) imposes obligations on employers to ensure equal opportunity and treatment of all employees without discrimination, to apply the same criteria to assess each employee’s work and to ensure equal conditions for men and women relating to work and family obligations. Furthermore, the Committee notes with interest the adoption of Law No. 121 of 25 May 2012 on Ensuring Equality, which aims to prevent and combat discrimination and ensure equality of all persons in the country irrespective of race, colour, nationality, ethnic origin, language, religion or belief, sex, age, disability, opinion, political affiliation, or any other similar criterion (section 1(1)). The Law defines and prohibits both direct and indirect discrimination (section 2), as well as the worst forms of discrimination, which include discrimination based on two or more protected grounds (section 4). Section 7 of the Law specifically prohibits discrimination in employment based on the above grounds, and adds the additional ground of sexual orientation. The Law further provides for a Council to Prevent and Combat Discrimination and Ensure Equality responsible for reviewing complaints of discrimination and making recommendations. The Committee requests the Government to provide information on the practical application of sections 8 and 10(2) of the Labour Code and the Law on Ensuring Equality, including information on the number of complaints received and the outcome of such complaints.

Sexual harassment. The Committee notes with interest that section 1 of the amended Labour Code now defines sexual harassment as “any form of physical, verbal or non-verbal behaviour of a sexual nature which harms human dignity or creates an unpleasant, hostile, degrading, humiliating or offensive atmosphere”. Furthermore Law No. 168 of 9 July 2010 introduced the crime of sexual harassment under section 173 of the Criminal Code, defining it as “the manifestation of physical, verbal or non-verbal behaviour, that violates the dignity or creates an unpleasant, hostile, degrading and humiliating atmosphere with the purpose of coercing another to engage in sexual intercourse or other unwanted sexual actions committed by threat, coercion or blackmail.” The Committee notes that, unlike the Criminal Code, the Labour Code does not require intent on the part of the alleged harasser to coerce another to engage in unwanted sexual behaviour, thus providing for a broader definition of sexual harassment. The Committee further welcomes the obligations of the employer relating to sexual harassment under section 10(2)(f3) and (f5) of the Labour Code, including the requirement to adopt preventive measures and measures to protect persons filing complaints of discrimination. These obligations include the requirement to introduce internal regulations prohibiting discrimination, including sexual harassment. Section 199(1)(b) has also been amended to provide that internal regulations should include provisions to eliminate of sexual harassment. The Committee further notes that, unlike the Criminal Code, the Labour Code does not include specific sanctions concerning sexual harassment. In this regard, it notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women in which it regrets the lack of enforcement measures with regard to sexual harassment laws (CEDAW/C/MDA/CO/4-5, 29 October 2013, paragraph 29). The Committee requests the Government to provide information on the application in practice of section 173 of the Criminal Code and section 10 of the Labour Code, including information on measures taken by employers to prevent sexual harassment in employment and occupation, as well as on how such employers’ obligations are enforced, and the remedies available to victims of sexual harassment under the Labour Code or other relevant civil legislation. Please also provide information on the measures taken, under both the Criminal Code and the Labour Code, to raise awareness among workers, employers and their organizations’ regarding sexual harassment in employment and occupation.

The Committee is raising other matters in a request addressed directly to the Government.