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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - 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).

Article 3 of the Convention. Right of workers’ organizations to organize their activities. In its previous direct request, the Committee had requested the Government to indicate concrete steps taken to adopt 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, and 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. The Committee notes the Government’s indication that it is willing to make more flexible rules governing the right to strike by reducing the categories of workers who cannot take part in strikes and by providing for minimum services in the most important sectors for the State and society, and that these rules shall be decided upon jointly with trade unions and employers’ organizations. In this regard, the Committee notes the list of services where strikes are prohibited pursuant to Decision No. 656 communicated with the Government’s report. It notes, in particular, that services, such as air freight and communication system enterprises are included in the list which are neither essential services in the strict sense of the term nor do they involve public servants exercising authority in the name of the State, where the right to strike can be prohibited. The Committee once again requests the Government to take the necessary steps, in consultation with the social partners, to adopt 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, and to amend the list of services where strikes are prohibited. The Committee requests the Government to provide information on any progress made in this regard.

Article 7. Acquisition of legal personality. In its previous direct request, the Committee had requested the Government to provide information on the amendment process of section 10(5) of the Trade Unions Law, 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-sectorial 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 with interest the Government’s and the CNSM’s indication that section 10(5) of the Trade Unions Law has been amended in 2016 by Law No. 188 repealing the requirement of affiliation to a higher trade union structure and enabling primary trade union organizations to acquire the status of legal entity as soon as they are registered with the Ministry of Justice.