Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Republic of Moldova (Ratification: 1996)

The Committee notes the observations of the National Trade Union Confederation of Moldova (CNSM) received on 21 August 2017 referring to the issues dealt with by the Committee below. The Committee notes the Government’s reply to the previous observations on the application of the Convention submitted by the International Trade Union Confederation (ITUC).

Articles 1 and 2 of the Convention. Sanctions against acts of anti-union discrimination and interference. The Committee had previously requested the Government to take measures aimed at strengthening the existing sanctions so as to ensure effective protection against acts of anti-union discrimination and interference. The Committee notes the Government’s indication that the Contravention Code was amended in 2016 so as to increase the value of the conventional unit from 20 to 50 Moldovan Leu (MDL) (section 34(1) of the Code). The Committee further notes that: section 54(2) of the Code, dealing with various forms of discrimination in employment and occupation, provides for fines ranging from 60 to 240 conventional units (US$170–685); section 55(1) dealing with violation of labour legislation, provides for fines ranging between 60 and 270 conventional units (up to US$770); and section 61 dealing with obstruction of workers’ right to establish and join trade unions, provides for fines ranging from 24 to 42 conventional units (up to US$120). While welcoming the increase of the value of the conventional unit and observing the CNSM indication that the current minimum wage in the country is, depending on the sector, between MDL1,000 and 2,380 (US$57–135), the Committee notes that the CNSM considers that the fines provided for obstruction of workers’ right to establish and join trade unions are not sufficiently deterrent. The Committee therefore requests the Government, in consultation with the social partners, to review the above fines and other types of sanctions so as to ensure effective protection against acts of anti-union discrimination and interference and to provide information on all progress made in this respect.

Article 4. Compulsory arbitration. The Committee had previously requested the Government to amend section 360(1) of the Labour Code so as to bring it into conformity with the Convention and promote free and voluntary collective bargaining. The Committee recalls in this respect that it had noted the Government’s indication that a tripartite working group was working on a draft law for amicable settlement of collective labour disputes, which would address this issue. While noting the CNSM indication that the tripartite working group has not yet achieved any results and that the draft has not been finalized, the Committee notes the Government’s indication that the process of adoption of the draft law was stopped altogether with the adoption, in July 2015, of the Law on Mediation. The Committee notes, however, that the Law on Mediation does not deal with the issue at hand. The Committee therefore once again requests the Government to take the necessary measures to amend section 360(1) of the Labour Code so as to ensure that referral of a collective bargaining dispute to the courts is possible only upon request by both parties to the dispute, or in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term and acute national crises. The Committee requests the Government to provide information on the progress made in this regard.