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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - 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), as well as those received on 1 September 2014. The Committee requests the Government to provide its comments thereon.

Articles 1 and 2 of the Convention. Sanctions against acts of anti-union discrimination and interference. The Committee had previously requested the Government to ensure the adequate protection of workers’ and employers’ organizations against acts of anti-union discrimination by providing for sufficiently dissuasive sanctions in the legislative texts. The Committee notes the Government’s indication that, pursuant to Law No. 169 of 11 July 2012 which amended article 55 of the Contravention Code, fines for violations of labour legislation were increased from a maximum of 50 to a maximum of 140 conventional units (US$180) for natural persons, from a maximum of 75 to a maximum of 350 conventional units US$470) for persons with responsible functions and from a maximum of 120 to a maximum of 450 conventional units (US$604) for legal persons. The Committee also notes the Government’s indication that article 61 of the Contravention Code has been amended by Law No. 233 of 1 October 2013 to add sanctions against responsible persons for obstruction of workers’ right to establish and join trade unions (50 to 70 conventional units). The Committee observes that the fines imposed by article 61 of the Contravention Code remain low and as such, may not constitute an effective deterrent. Considering that the fines established by the legislation are not dissuasive, the Committee requests the Government to take measures aimed at strengthening these sanctions so as to ensure effective protection against acts of anti-union discrimination and interference. It requests the Government to provide information on all measures taken in this regard.

Article 4. Compulsory arbitration. The Committee had previously requested the Government to amend section 360(1) of the Labour Code so as to ensure that referral of the dispute to the judicial tribunals is possible only upon request by both parties to the dispute, or for essential services in the strict sense of the term or for public servants exercising authority in the name of the State. The Committee appreciates the Government’s indication that a tripartite working group consisting of representatives of government, trade unions and employers is currently working on a draft law for amiable settlement of collective labour disputes which is expected to establish in detail the procedure for solving collective disputes, including the possibility to appeal to a court of arbitration at the request of all parties. The Committee requests the Government to provide information on the progress made in this regard.