Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 1(1)(a) of the Convention. Sexual harassment. In its previous comments, the Committee requested the Government to provide information on the practical application of section 173 of the Criminal Code, which introduced the crime of sexual harassment, and section 10(2)(f3) and (f5) of the Labour Code of 2003, which required the employer to adopt preventive measures and measures to protect persons filing complaints of discrimination. It also recalls 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 notes that the Law No. 71 of 14 April 2016 on Amendments and Addenda to Some Legislative Acts has amended section 2 of Law No. 5-XVI of 2006 on Ensuring Gender Equality to include a definition of sexual harassment, similar to the more restrictive definition set out in section 173 of the Criminal Code. The Committee once again asks the Government to indicate remedies available to victims of sexual harassment under the Labour Code, and to provide information on the application in practice of section 173 of the Criminal Code, section 2 of the Law on Ensuring Gender Equality of 2006, and section 10 of the Labour Code of 2003, 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 measures taken to raise awareness among workers, employers and their organizations regarding sexual harassment in employment and occupation.

Article 2. Equality of opportunity and treatment between men and women. The Committee previously noted the Government’s acknowledgement of the fact that, while in theory the legal framework guarantees women access to basic rights such as equal access to employment with men, in practice women face many barriers to the enjoyment of such rights. The Committee therefore requested the Government to provide information on measures taken to implement the National Programme for Ensuring Gender Equality for 2010–15, as well as on the activities of the Joint Information and Services Bureaux (JISBs), but notes that the Government’s report does not contain any information in this regard. The Committee therefore reiterates its request to the Government 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 or any subsequent national programme, and the results achieved. Please also 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.

Article 3. Workers with family responsibilities. Paternity leave. The Committee notes with interest that Law No. 71 of 14 April 2016 inserted section 1241 of the Labour Code of 2003, introducing for the first time the right of fathers to take paternity leave regardless of whether their spouse has taken maternity leave. The father is entitled to 14 calendar days of paternity leave upon written request submitted within the first 56 days after childbirth, which the employer is obliged to encourage, and during which the father receives a paternity allowance paid from the social insurance fund. The section protects the employee from being discriminated against for taking paternity leave. The Committee notes that Law No. 71 of 2016 also amends section 50 of the Law No. 170-XVI of 2007 on the Status of the Intelligence and Security Officer, making it possible for one of the parents, who have two or more children under the age of 14 years to take four days paid parental leave, and 14 days of unpaid leave based on a written request (section 50(1)(b) and (5)). The father can also take paternity leave in accordance with the law (section 50(1)(e)). In this regard, the Committee notes the Government’s indication that of the 41,790 beneficiaries of monthly allowances for childcare for children under three years of age in 2015, 94.1 per cent were mothers. Recalling that measures assisting workers with family responsibilities are essential to promote gender equality in employment and occupation, the Committee asks the Government to provide statistical information disaggregated by sex, on the number of workers that have been granted paternity or parental leave pursuant to section 1242 of the Labour Code or section 50(1)(b) and (e) and section 50(5) of Law No. 170-XVI of 2007.

Article 5. Special measures of protection and assistance. The Committee notes the Government’s indication that it is in the process of revising section 248 of the Labour Code of 2003, which prohibits working women from activities with heavy and harmful working conditions and underground works. The Committee hopes that the Government will 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.

Article 2. Equality of opportunity and treatment of the Roma. With reference to its previous comments regarding measures to promote access to employment of the Roma, the Committee notes the Government’s indication that under the National Action Plan to support the Roma population for 2011–15, the Ministry of Labour, Social Protection and Family has taken legislative measures to place community mediators that work for the integration of the Roma in the labour market and education systems. The Government also indicates that a new action plan is being drafted for the 2016–20 period, which will include measures to provide information, professional counselling and vocational training to the Roma, and to extend unemployment benefits to qualifying individuals. The Committee welcomes the statistical data provided by the Government on the activities of the National Employment Agency (NEA), which includes training courses and counselling services, labour mediation, job fairs, and paid public work for Roma who are registered as unemployed. The Committee notes that while a high number of Roma have received career counselling (925) or benefited from mediation services (780), only seven individuals have graduated from vocational training courses, and that out of 1,138 Roma who have registered as unemployed, only 70 (or 6.1 per cent) were placed in employment during the year 2015, with 40 of these individuals in public works. The Committee also notes the Government’s indication that one of the main problems facing the employment of the Roma people is their low level of education; only 21 per cent of those registering with the NEA had high school education and only 0.3 per cent had university education; approximately half of those registered as unemployed had no skill or profession. It notes also that 88 per cent of those who registered with the NEA as unemployed were registered for the first time and that 50 per cent of those registered as unemployed were between the ages of 30 and 49 years old. Finally, the Committee notes from the Government’s report to the United Nations Committee on the Elimination of Racial Discrimination that under the “Language learning programme for the ethnic minorities of the Republic of Moldova”, 5,000 civil servants, doctors, teachers, police officers and other professionals completed courses in the Romanian language between 2010 and 2015 (CERD/C/MDA/10 11, 2 March 2016, paragraph 217). The Committee welcomes the measures taken by the Government and requests it to provide a copy of the National Action Plan to support the Roma population 2016–20, and to continue to provide information on the measures taken under this policy, and the specific results achieved, to improve the access of Roma people to employment and occupation, such as language training, awareness raising to encourage those who have not registered as unemployed to do so, and other measures to encourage Roma workers to participate in various vocational training courses. Please also provide information on measures taken by community mediators in this regard. The Committee requests the Government to provide information on the number of men and women of Roma origin who have found employment following their participation in the abovementioned activities, as well as on their participation rates in vocational training courses offered to them.

Enforcement. The Committee notes that the Government has not provided information in reply to the Committee’s previous request. It does note, however, that Law No. 71 of 2016 on Amendments and Addenda to Some Legislative Acts amended the Labour Code of 2003 to insert an additional paragraph in section 386, which reads: “(41) When determining in units cases of gender discrimination and conditions that foster it, the trade unions shall submit concrete recommendations on their elimination to the heads of these units and competent public authorities.” The Committee asks the Government for information regarding the practical application of section 386(41) of the amended Labour Code of 2003, including the number of complaints brought forth by trade unions to competent public authorities regarding discrimination based on sex and of conditions facilitating discrimination. The Committee also repeats its request to 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.