Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Republic of Moldova

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1996)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 2000)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wages) and Convention No. 95 (protection of wages) together. The Committee takes note of the observations of the National Confederation of Trade Unions of Moldova (CNSM) on the application of Convention No. 131 and Convention No. 95, received in 2017.

Minimum wage

Articles 3 and 4(1) and (2) of Convention No. 131. Review and adjustment of the national minimum wage. Full consultation with representative organizations of employers and workers concerned. Further to its previous comments, the Committee notes that the Government indicates in its report that regular increases of the minimum wage level applicable in the private sector have been adopted following consultations with the representative organizations of employers and workers. It also notes the Government’s indication that the national minimum wage, which is the basis for remuneration in the public sector, was last revised in 2014 (Government Decision No. 550) and that, taking into account the evolution of macroeconomic indicators and the national public budget, no further increase had been possible since then. The Committee further notes that, according to the CNSM, the national minimum wage should be revised to take into account social and economic developments which have had negative repercussions on the standard of living and the purchasing power of employees. The Committee requests the Government to continue to examine the national minimum wage level in light of the evolution of the relevant socio-economic indicators and to provide information on the results of this process, including the possible adjustment of the national minimum wage level in full consultation with representative organizations of employers and workers concerned.

Article 5. Effective application. The Committee takes note of the information provided by the Government in reply to its previous request.

Protection of wages

Article 11 of Convention No. 95. Wages as privileged debts in bankruptcy proceedings. The Committee previously noted the Government’s indication that draft amendments to the Insolvency Act had been prepared, which provided that employees’ wage claims would be given a secured priority status among privileged debts. The Committee notes that the Government does not indicate whether these amendments have been adopted. It also notes that, according to the CNSM, in the event of insolvency, payment of secured debts such as loans have priority over wage claims and that consequently the wages of hundreds or even thousands of employees remain unpaid for years. The Committee requests the Government to provide its comments on the observations of the CNSM. Moreover, while noting that the Convention does not specify the rank to be attributed to wage claims among privileged debts, the Committee invites the Government to provide information on any developments in law and practice which may result in improved protection of wage claims in insolvency proceedings.

Article 12(1). Regular payment of wages. The Committee notes that the CNSM refers to statistical data showing important amounts of wage arrears for the period January–March 2017, with the largest debts registered in the railway transport, agriculture, trade and construction sectors, mostly in enterprises with majority state capital. The Committee requests the Government to provide its comments in this respect and to indicate the measures taken or envisaged to ensure the regular payment of wages in practice.