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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Republic of Moldova (Ratification: 1996)

The Committee notes the 2011 observations on the application of the Convention submitted by the International Trade Union Confederation (ITUC) in addition to those received on 1 September 2014. The Committee requests the Government to provide its comments thereon. The Committee also notes the observations submitted by the International Organisation of Employers (IOE) received on 1 September 2014.

Article 3 of the Convention. Right of workers’ organizations to organize their activities. The Committee had previously requested the Government to consider, in consultation with the social partners, the adoption of legislative provisions expressly providing for the participation of the relevant trade unions and employers’ organizations in determining the minimum services to be ensured in the event of a strike. The Committee notes the Government’s indication that this issue is still under examination. The Committee once again expresses the hope that the necessary legislative provisions will be soon adopted and requests the Government to indicate concrete steps taken in this regard. The Committee also once again requests the Government to transmit a copy of Decision No. 656 of 11 June 2004 providing for the list of categories of workers who are prohibited from striking pursuant to section 369 of the Labour Code.

Article 7. Acquisition of legal personality. The Committee had previously requested the Government to amend section 10(5) of the Law on trade unions, according to which primary trade union organizations may acquire the status of legal entity only if they are members of a national branch or national inter-sectoral trade union structure, so as to guarantee the right of workers to establish and join organizations of their own choosing, including those outside the existing national trade union structure. The Committee notes the Government’s indication that the Ministry of Labour, in accordance with its activity plan for 2014, is set to initiate the amendment of this provision in the third quarter of 2014. The Committee expresses the hope that section 10(5) of the Law on trade unions will be soon amended. The Committee requests the Government to provide information on the progress made in this regard.