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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Sexual harassment. In its previous comments, the Committee requested the Government to provide information on the application of legislation concerning sexual harassment, the measures taken to raise awareness and the remedies available to victims. The Committee notes with interest that, on 23 August 2019, a draft Law for the modification of some legislative acts was drawn up in order to prevent and combat sexual harassment in the workplace and in the education system. This includes certain provisions in the field of prevention, examination and settlement of sexual harassment cases. The Committee also observes that one of the strategic goals of the National Human Rights Action Plan for 2018–2022 is to ensure that all reported cases of sexual harassment (including at work) are promptly and efficiently investigated, and that the general public is well informed of the meaning of sexual harassment, as well as the rights and guarantees of victims. The Committee reiterates its request for information on the application in practice of the legislation concerning sexual harassment and on the remedies available to victims. It also asks the Government to provide information on measures taken in the application of the National Human Rights Action Plan to raise awareness among workers, employers and their organizations regarding sexual harassment in employment and occupation. The Committee further asks the Government to provide information on the progress of the draft Law of 23 August 2019.

Article 2. Equality of opportunity and treatment between men and women. The Committee requested the Government to provide information on the measures taken to address the practical barriers faced by women in employment and occupation. The Committee takes note that, in its report, the Government indicates that three Career Guidance Centres (CGC) were established in 2016 to promote equal access for all jobseekers to employment and encourage the equal participation of women and men in the labour market. The Committee also takes note of: (1) the Strategy for Gender Equality for 2017–2021 and its Action Plan, which consists of empowering women in order to achieve equality between women and men in Moldova; (2) the National Employment Strategy for 2017–2021 which counts, among its four objectives, the creation of formal, non-discriminatory and productive employment opportunities; and (3) the National Human Rights Action Plan for 2018-2022 which has as one of its strategic goals the elimination of discrimination against women and girls. The Committee notes that, according to data from the National Bureau of Statistics (NBS), out of a total of 1,126,300 persons not active in the labour market, 154,800 women pointed to family responsibilities as the reason why they did not want to work (NBS, 2020 Labour Force in the Republic of Moldova: Employment and Unemployment). The Committee also observes that, in its reports to the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), the Government stressed that the insufficiency of early pre-school education services prevents women with small children from integrating into the labour market, and referred to the adoption, in 2018, of a number of amendments to the Education Code (Law No. 152/2014) to ensure access for children from the age of 2 years old to preschool education services (CEDAW/C/MDA/6, 24 January 2019, paragraph 350 and CEDAW/C/MDA/RQ/6, 16 December 2019, paragraphs 77 and 78). The Committee asks the Government to provide information on the measures taken or envisaged to address the practical barriers faced by women in employment and occupation, in particular related to family responsibilities, within the framework of the Career Guidance Centres’ activity, the Strategy for Gender Equality for 2017-2021, the National Employment Strategy for 2017–2021 and the National Human Rights Action Plan for 2018–2022. In the absence of information on the results of the activities of the Joint Information and Services Bureau, the Committee reiterates its request on that point.

Occupational segregation. The Government indicates that in 2017 the National Employment Agency (NEA) developed, with the support of the ILO, two platforms that aim to inform young people about the importance of their decisions on their future profession and to provide them with information and career guidance. Referring to its 2020 direct request on the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee recalls that occupational segregation of women in lower-paid sectors is one of the main reasons for the gender equal pay gap in Moldova. The Committee would like to bring to the attention of the Government that social stereotypes that deem certain types of work suitable for men or women channel women and men into different education and training and subsequently into different jobs and career paths, resulting in certain jobs being held almost exclusively by women (General Survey on the fundamental Conventions, 2012, paragraph 713). The Committee further observes that, in its reports to CEDAW, the Government indicated that the masculinization and feminisation of professions remains a challenge in both the educational system and the labour market, as women are under-represented in areas such as information technologies, construction, industry and agriculture, and it explained that the presence of girls in computer science studies is promoted through the project “GirlsGoIT” (CEDAW/C/MDA/6, paragraph 183 and CEDAW/C/MDA/RQ/6, paragraph 71). The Committee asks the Government to provide information on measures taken to address gender stereotypes relating to the work “suitable” for men and women and to ensure that career guidance and information for young persons is free from social stereotypes that lead to occupational gender segregation and promotes equal access to all fields of education.

Articles 2 and 3(b). Legislative developments. In its previous comments, the Committee asked the Government to provide information on the implementation and impact of the new legislative provisions concerning gender equality introduced by Law No. 71 of 14 April 2016 on Amendments and Addenda to Some Legislative Acts. Noting that the Government’s report is silent on that point, the Committee therefore asks again for information on the measures taken to implement these new legislative provisions and their impact in practice.

Article 3. Workers with family responsibilities. Paternity leave. The Committee recalls that it requested the Government to provide data disaggregated by sex on the number of workers that have been granted paternity or parental leave. The Committee notes that, in its Beijing+25 National Report submitted to the United Nations Economic Commission for Europe (UNECE), the Government indicated that 2,147 fathers benefited from parental leave in 2016 (5.1 per cent of the total number of beneficiaries), 3,355 fathers in 2017 (7.6 per cent) and 4,359 fathers in 2018 (9.6 per cent) (UNECE, National Level Review on the fulfilment of commitments taken under the Beijing declaration and platform for action). The Committee welcomes the increasing number of fathers benefiting from parental leave and asks the Government to provide information on: (i) the measures taken to promote the take up of paternity or parental leave by fathers; and (ii) any obstacles encountered to increase the numbers of fathers taking such leave. Please provide copies of any studies, reports or information on the impact of the increasing take up of paternity or parental leave by fathers on the advancement of gender equality, particularly in employment and occupation.

Article 2. Equality of opportunity and treatment for the Roma. The Committee notes the Government’s indication, in reply to its previous request, that: (1) under Law 105/2018, all job-seekers, including Roma, can benefit free of charge from NEA’s employment services (1,902 Roma people addressed NEA for support in 2018); (2) unemployed Roma can access, among other services, free of charge training courses, professional traineeships, certificates in knowledge and skills acquired in non-formal and informal education, and counselling; (3) NEA has implemented training in public works to temporarily improve the unemployment situation; (4) of the total registered unemployed Roma people, 85 per cent have no professional experience and are looking for a job for the first time, and only 5 per cent have recent work experience; and (5) in 2018, 10.7 per cent of registered unemployed Roma people entered the labour force and 90 per cent benefited from mediation services. The Committee also notes the Government’s indication that one of the main barriers to the employment of the Roma people is the low level of education and that, in many situations, they cannot undertake vocational training due to the lack of reading and writing skills. The Committee observes that the UN Committee for the Elimination of Racial Discrimination (CERD) and the UN Committee on Economic, Social and Cultural Rights (CESCR) have expressed concern about the lack of access for Roma people to employment (CERD/C/MDA/CO/10-11, 7 June 2017, paragraph 20 and E/C.12/MDA/CO/3, 19 October 2017, paragraph 26), and that CEDAW has recommended that the State party strengthens the evaluation and monitoring of the Plan of Action to Support the Ethnic Roma Population (2016–2020) (CEDAW/C/MDA/CO/6, 10 March 2020, paragraphs 40 and 41). The Committee takes note of the measures and services implemented to facilitate the access of Roma people to employment and occupation. The Committee asks the Government to provide information on the measures taken to promote employment and training services for Roma people and on any measures aimed at tackling the main obstacles for Roma people to accessing employment and occupation, including the lack of education and reading and writing skills. The Committee also asks the Government to provide information on the impact of such measures on the employment of Roma people, including within the framework of the application and monitoring of the Plan of Action to Support the Ethnic Roma Population.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, and remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement and awareness raising. In its previous comments, the Committee requested the Government to provide information on the application of section 386(41) of the Labour Code, on the specific nature of violations relating to discrimination cases and the measures to prevent them, and on the restoration of the powers of the Council for Preventing and Eliminating Discrimination and Ensuring Equality. Regarding prevention and awareness-raising, the Committee notes the Government’s indication that the NEA, in partnership with the Council for Preventing and Eliminating Discrimination and Ensuring Equality, published several documents such as the Discriminatory Trends Study of Employment in the Private Sector, the Practical Guide for Employers to prevent Discriminatory Events in Job Interviews and the Practical Guide for Employers in the Private Sector to Create Recruitment Notices. It also notes that, within the framework of the activities it organizes (including job fairs, round tables, information seminars and workshops), employers’ attention is drawn to the prohibition on including discriminatory criteria in information concerning job vacancies and in employment requirements. The Committee further notes that, in its concluding observations, CEDAW noted with concern that the draft law aimed at strengthening the Council for Preventing and Eliminating Discrimination and Ensuring Equality was withdrawn following the adoption of Decision No. 635/2018 (CEDAW/C/MDA/CO/6, paragraph 14). Taking note of the measures taken to prevent discrimination and promote equality, the Committee requests the Government to continue to provide information, in particular on specific activities undertaken to raise awareness among workers, employers and the public, and the results achieved. The Committee also reiterates its request to the Government for information on the cases of discrimination reported to the labour inspectorates and other relevant authorities and on the application of section 386(41) of the Labour Code. The Committee also requests the Government to consider taking steps to restore the Council’s sanctioning powers.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 5 of the Convention. Special measures of protection and assistance. Restrictions on the employment of women. In its previous comments, the Committee hoped that restrictions to women’s work would be strictly limited to maternity protection. The Committee notes with satisfaction that section 248 of the Labour Code of 2003, as revised in 2020, limits the prohibition on working in underground works to pregnant women, women who have recently given birth and women who breastfeed, as well as in activities that present risks to their safety or health or which may have an impact on their pregnancy or lactation. The Committee emphasizes that any protective measure applicable to the employment of women has to be rigorously proportional to the nature and scope of the protection sought and be limited to maternity protection if it is to be compatible with the principle of equality. It also wishes to emphasize that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, and should be established on the basis of an evaluation showing that there exist specific risks for the health of women and men. The Committee asks the Government to provide information on the implementation in practice of section 248 of the Labour Code, in particular regarding the criteria for determining which activities present risks to pregnant women and women who have recently given birth and women who breastfeed, and the measures taken to ensure that such criteria are compatible with the principle of equality between women and men.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

Articles 2 and 3(b) of the Convention. Legislative developments. The Committee notes with satisfaction the enactment of Law No. 71 of 14 April 2016 on Amendments and Addenda to Some Legislative Acts, which promotes the mainstreaming of gender equality by amending several other Acts. These amendments include, among others, the establishment of specialized units in the Ministry of Labour, Social Protection and Family as well as in central and local public administration authorities to mainstream and implement gender equality in policies and programmes at both national and local levels (section 19 of Law No. 5-XVI of 2006 on Ensuring Gender Equality, and section 14(2) of Law No. 436-XVI of 2006 on Local Public Administration); the specific prohibition of the publication of job advertisements that discriminate on the basis of gender, including by public and private employment agencies (section 9(2) of Law. No. 5 XVI of 2006); the promotion of gender equality in education and vocational training institutions, including the promotion of balanced participation of women and men in occupying teaching and scientific positions in the education and science systems (section 13 of Law No. 5-XVI of 2006); the introduction of paternity leave into the Labour Code of 2003 (section 1241) as well as the Law on the Status of the Intelligence and Security Officer (section 50 of Law No. 170-XVI of 2007); and the introduction of a minimum representation quota of 40 per cent for both men and women in Parliament (section 27(2)(4) of Law No. 64-XII of 1990 on Government) as well as in the list of candidates for parliamentary and local elections (section 41(21) of Electoral Code No. 1381-XIII of 1997). The Committee asks the Government to provide information on the measures taken to implement the new legislative provisions concerning gender equality, and their impact in practice.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 2 of the Convention. Equality of opportunity and treatment of the Roma. The Committee notes from the Government’s report that the National Employment Agency (NEA) has organized seminars and roundtables on topics related to the integration of the Roma in the labour market, and that under the action plan on supporting the Roma people, 15 Roma community mediators have been appointed. The Government also indicates that the proportion of Roma registered as unemployed, increased from 698 persons in 2010 (0.9 per cent) to 740 persons in 2012 (1.4 per cent). With regard to the “training for linguistic minorities in Moldova” project, the Government states that in 2010 it allocated 90,000 Moldovan leu (MDL) to edit a programme manual and exercise book and to organize language training courses for groups of civil servants. Furthermore, the Government has set a target of providing language training for 60 per cent of adult minorities by the end of 2015. The Committee requests the Government to continue to provide information on the measures taken to improve the access of Roma people to employment, including through the activities of community mediators and language training. The Committee reiterates its request for information on the number of men and women of Roma origin who have found employment following their participation in the activities concerned.

Equality of opportunity and treatment between men and women. The Committee notes the Government’s statement that, while the legal framework guarantees women the same access as men to work and other basic rights in theory, in practice women face many barriers to the enjoyment of such rights. Regarding measures taken to address these barriers, the Committee notes that the NEA has initiated a gender audit with a view to improving its services in promoting equal access of both sexes to the labour market. The Government has also established the Joint Information and Services Bureaus (JISBs), which operate through a one-stop shop model, providing information and advice on a wide range of issues including employment and social protection. The Committee notes that the majority of the beneficiaries of the services provided by JISBs are rural women. It also notes that 73 per cent of the graduates of professional training courses in 2012 were women. The Committee requests the Government to continue 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, and the results achieved. The Committee also asks the Government to 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.

Affirmative action. The Committee notes the Government’s indication that it is in the process of reviewing a draft law which would amend provisions regarding affirmative action measures, including Law No. 5-XVI of 9 February 2006 on Ensuring Equal Opportunities for Men and Women. The Committee notes that the draft amendment to the Law establishes minimum participation quotas of 40 per cent for each sex in access to public offices, in representation in governing bodies of political parties, and on the list of candidates, and requests the Government to continue to provide information on the review of Law No. 5 XVI.

Work and family responsibilities. The Committee notes from the Government’s report that section 10(2) of the Labour Code has been amended to require employers to ensure equal conditions for women and men to balance work and family obligations (subsection f4). The Government reports that of the 35,288 beneficiaries of monthly allowances for childcare for children under 3 years of age, 98.7 per cent were mothers. The Committee requests the Government to provide information on the practical application of sections 120(2) and 121(4) of the Labour Code regarding leave, as well as on section 124(4), including updated statistics on the number of fathers that have been granted such leave. Please also provide information on measures taken to promote the equal sharing of family responsibilities between men and women, including measures taken to encourage fathers to take child care leave, and actions taken by employers to promote the equal sharing of family responsibilities pursuant to section 10(2)(f4) of the Labour Code.

Special measures of protection and assistance. The Committee welcomes the information provided by the Government regarding the amendments made to the Labour Code, including sections 103, 105, 110 and 111 which no longer prohibit women with children under the age of three from participating in night work, overtime work or work on non-working holidays, respectively. It also notes that in the aforementioned sections as well as in sections 108 and 116, which relate to child feeding breaks and annual leave respectively, the word “women” has been replaced with “parents”. Section 249 regarding the attendance of official business trips and section 318 regarding continuous shift work have also been amended so as to remove gender specific restrictions. The Committee requests the Government to 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.

Special measures for women victims of trafficking. The Committee notes that the NEA continues to take measures, including under the institutional business plan, to assist victims of trafficking, including free training courses and job fairs. The Committee notes from the Government’s report that the number of victims of trafficking with the status of unemployed who benefit from an integration or reintegration allowance decreased from 20 persons (16 women) in 2010 to seven persons (four women) in 2012. The Committee requests the Government to provide information on the results achieved under the NEA’s institutional business plan 2012–13 related to access to employment of women victims of trafficking and on any further measures taken in this regard.

Enforcement. The Government indicates that the labour inspectorate conducted 6,510 control visits in 5,400 units. Of the 217,000 employees who worked in these units, 107,000 were women; there were 1,309 petitions for actions of examination filed by women, including 132 from rural women. The Committee notes the Government’s indication that the labour inspectorate is continuously developing activities to promote awareness of the legal framework relating to discrimination, including through articles published in the local press, and radio and television broadcasts. Regarding the enforcement of the Law on Ensuring Equality, the Committee notes the concern expressed by the United Nations Working Group on the issue of discrimination against women in law and in practice that the effectiveness of the law is threatened by the deletion of sanctioning powers from the mandate of the Council to Prevent and Combat Discrimination and Ensure Equality (A/HRC/23/50/Add.1, 15 March 2013, paragraph 24). The Committee requests 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.

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

Legislative developments. The Committee notes with satisfaction that “skin colour” and “HIV/AIDS infection” have been added to the list of prohibited grounds of discrimination enumerated in section 8 of the amended Labour Code, brought into effect by Law No. 168 of 9 July 2010. It also notes that section 10(2)(f1), (f2) and (f4) imposes obligations on employers to ensure equal opportunity and treatment of all employees without discrimination, to apply the same criteria to assess each employee’s work and to ensure equal conditions for men and women relating to work and family obligations. Furthermore, the Committee notes with interest the adoption of Law No. 121 of 25 May 2012 on Ensuring Equality, which aims to prevent and combat discrimination and ensure equality of all persons in the country irrespective of race, colour, nationality, ethnic origin, language, religion or belief, sex, age, disability, opinion, political affiliation, or any other similar criterion (section 1(1)). The Law defines and prohibits both direct and indirect discrimination (section 2), as well as the worst forms of discrimination, which include discrimination based on two or more protected grounds (section 4). Section 7 of the Law specifically prohibits discrimination in employment based on the above grounds, and adds the additional ground of sexual orientation. The Law further provides for a Council to Prevent and Combat Discrimination and Ensure Equality responsible for reviewing complaints of discrimination and making recommendations. The Committee requests the Government to provide information on the practical application of sections 8 and 10(2) of the Labour Code and the Law on Ensuring Equality, including information on the number of complaints received and the outcome of such complaints.

Sexual harassment. The Committee notes with interest that section 1 of the amended Labour Code now defines sexual harassment as “any form of physical, verbal or non-verbal behaviour of a sexual nature which harms human dignity or creates an unpleasant, hostile, degrading, humiliating or offensive atmosphere”. Furthermore Law No. 168 of 9 July 2010 introduced the crime of sexual harassment under section 173 of the Criminal Code, defining it as “the manifestation of physical, verbal or non-verbal behaviour, that violates the dignity or creates an unpleasant, hostile, degrading and humiliating atmosphere with the purpose of coercing another to engage in sexual intercourse or other unwanted sexual actions committed by threat, coercion or blackmail.” The Committee notes 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 further welcomes the obligations of the employer relating to sexual harassment under section 10(2)(f3) and (f5) of the Labour Code, including the requirement to adopt preventive measures and measures to protect persons filing complaints of discrimination. These obligations include the requirement to introduce internal regulations prohibiting discrimination, including sexual harassment. Section 199(1)(b) has also been amended to provide that internal regulations should include provisions to eliminate of sexual harassment. The Committee further notes that, unlike the Criminal Code, the Labour Code does not include specific sanctions concerning sexual harassment. In this regard, it notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women in which it regrets the lack of enforcement measures with regard to sexual harassment laws (CEDAW/C/MDA/CO/4-5, 29 October 2013, paragraph 29). The Committee requests the Government to provide information on the application in practice of section 173 of the Criminal Code and section 10 of the Labour Code, 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 the measures taken, under both the Criminal Code and the Labour Code, to raise awareness among workers, employers and their organizations’ regarding sexual harassment in employment and occupation.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Equality of opportunity and treatment of the Roma. The Committee notes the Government’s indication that the Roma face difficulties in the labour market, particularly due to their lack of skills. While noting the self-information posts created within the framework of the National Employment Agency (NEA) to support the integration of the Roma community into the labour market, the Committee notes that no information has been provided on concrete action taken to improve equality of opportunity and treatment for the Roma, particularly under the action plan on supporting the Roma people of the Republic of Moldova
2007–10. Moreover, the Committee notes from the concluding observations of the United Nations Human Rights Committee that “Roma remain socially and economically marginalized, with restricted access to … employment, education and housing” (CCPR/C/MDA/CO/2, 4 November 2009, paragraph 27). The Committee further notes that no information has been supplied regarding the project “training for linguistic minorities in Moldova” designed to provide persons belonging to minority groups with skills in the national language, thus enhancing their opportunities of employment. The Committee again asks the Government to provide information on the implementation of concrete measures undertaken under the action plan on supporting the Roma people of the Republic of Moldova, including an indication of the number of men and women of Roma origin who have found employment following their participation in the activities concerned. The Committee further asks the Government to supply information on the implementation of the project “training for linguistic minorities in Moldova” and on any other positive measures taken to remove barriers hindering the Roma’s access to employment and occupation. Please also supply any relevant statistical information in this regard.

Equality of opportunity and treatment between men and women. The Committee notes the new National Programme for Ensuring Gender Equality for the years 2010–15 and the action plan for its implementation 2010–12. With regard to employment, the National Programme aims particularly at increasing employment among women; eliminating gender discrimination in the labour market; and promoting economic empowerment of women in rural areas. The Committee also notes that, in the context of the implementation of the National Programme, the principle of non-discrimination and equal opportunity will be particularly observed, and the Government will take into consideration the development of sex disaggregated data, as well as gender mainstreaming in the elaboration, implementation, monitoring and evaluation of policies. The Committee further notes that the NEA encourages the participation of women, especially unemployed women, in the labour market with a view to reducing gender discrimination in employment. In this connection, the Committee notes the information provided by the Government indicating that a certain number of unemployed women participated in vocational training and benefited from unemployment aid and integration or reintegration allowances. The Committee also notes the activities undertaken by the territorial agencies in this regard, including training courses, information and guidance services, individual consultations and seminars. The Committee encourages the Government to continue to take the necessary steps to overcome the difficulties faced by women in employment and occupation, and to provide information on the concrete measures taken or envisaged to implement the National Programme for Ensuring Gender Equality for the years 2010–15, and the results achieved. The Committee also asks the Government to continue to provide information on the initiatives taken by the NEA to increase the participation of women in the labour market, and to supply updated information on the participation rates of men and women in the training organized in this regard. Please also indicate any affirmative action undertaken pursuant to section 13(1) of Act No. 5-XVI of 2006 and the outcome thereof.

Work and family responsibilities. The Committee recalls its previous comments on the amendment of sections 120(2) and 121(4) of the Labour Code granting leave to parents and unmarried single parents. The Committee also notes the information contained in the Government’s report presented to the Council of Europe Conference of Ministers responsible for Equality between Women and Men (Seventh Council of Europe, 7 May 2010), highlighting that the labour legislation is very protective, thus limiting women’s participation in the labour market, especially in the private sector, and perpetuating stereotypes of gender roles (page 6). Moreover, the Committee notes that women in rural areas face additional obstacles in their professional development and advancement, and in the harmonization of work and family responsibilities (page 7). The Committee reiterates its request to the Government to provide information on the practical application of sections 120(2) and 121(4) of the Labour Code, including an indication of the number of fathers that have been granted such leave. The Committee also asks the Government to provide information on the measures taken or envisaged to improve the professional development and advancement of women with family responsibilities, and women in rural areas.

Special measures of protection and assistance. In the absence of the information previously requested, the Committee urges the Government to take measures to ensure the review of the list of prohibited occupations, with a view to restricting prohibitions to those necessary to protect maternity and repealing those aimed at protecting women because of their sex or gender based on stereotyped assumptions. Please provide detailed information on steps taken in this regard.

Sexual harassment. The Committee notes that the Government’s report contains no information on its request regarding section 5(4) of Act No. 5-XVI, 2006 which covers sexual harassment. The Committee once again asks the Government to provide information on the number and outcome of court cases of workplace sexual harassment in the context of section 5(4) of Act No. 5-XVI of 2006, as well as on the measures taken to raise awareness among workers and employers about sexual harassment in employment and occupation.

Trafficking of women. The Committee notes the Government’s indication that the National Programme for Ensuring Gender Equality for the years 2010–15 provides for specific objectives regarding violence and human trafficking, in particular to improve and develop the rehabilitation and reintegration of victims, especially girls and women; to reduce cases of gender-based violence in rural areas; and to protect victims through the national and international mechanisms for filing and processing complaints. The Committee also notes that the NEA has taken measures to assist victims of trafficking, including labour mediation, information and professional guidance, orientation and professional training, and integration or reintegration allowances. The Committee asks the Government to provide information on the implementation of the National Programme for Ensuring Gender Equality, related to the issue of trafficking of women, and to continue to provide information on measures undertaken by the NEA in this regard. The Committee also asks the Government to provide information on the implementation of measures to improve women’s job opportunities, particularly of those living in poverty and in rural areas, and the effect of these measures on reducing women’s vulnerability to traffickers.

Institutional framework. In the absence of specific information, the Committee reiterates its request for updated information on any concrete steps taken by the Commission on Equal Opportunities for Men and Women to implement the National Programme for Ensuring Gender Equality, as well as an assessment of the impact of these activities. The Committee further requests the Government to supply details on the activities of the gender units to improve the participation rates of women in training and education programmes, and in the sectors and occupations in which they are under-represented.

Enforcement. The Committee notes from the information contained in the Government’s report presented to the Council of Europe Conference of Ministers responsible for Equality between Women and Men, that while “the Gender Equality Law laid a solid foundation for the process of achieving gender equality in Moldova, it contains a series of drawbacks, including a weak monitoring and investigation mechanism of gender discrimination cases, thus being virtually impossible to seek redress in cases of gender discrimination in the courts of law of Moldova”. The Committee asks the Government to provide information on the measures taken or envisaged to promote the application of the principles of the Convention, including measures to improve mechanisms of monitoring and investigation. The Committee also asks the Government to take steps to promote awareness among workers and employers of their rights and obligations under the equality legislation, as well as public awareness of the existing laws, procedures and mechanisms that can be invoked when discriminatory treatment occurs in employment and occupation, and to provide more detailed information on the specific action taken in this regard. The Committee also requests further information on the enforcement, including by the gender unit of the labour inspectorate, of Act No. 5-XVI, 2006.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Discrimination on the basis of colour. In reply to its previous comments regarding the absence of any reference to the ground of “colour” in the anti-discrimination provisions of the Labour Code, the Committee welcomes the draft law amending the Labour Code which completes the list of grounds of discrimination set out in section 8 of the Labour Code, particularly by adding “skin colour” and “HIV/AIDS infection”. The Committee, furthermore, underlines the Government’s indication that the elimination of discrimination in employment and occupation represents a “permanent priority” in elaborating and implementing legal standards; and in this regard, recalls the importance of including explicit references to at least all grounds enumerated in Article 1(1)(a) of the Convention in national legislation to promote the effective application of the Convention. With regard to the ground of discrimination based on HIV/AIDS infection, the Committee draws the Government’s attention to the importance of prohibiting discrimination based on real or perceived HIV/AIDS status, as foreseen in the HIV and AIDS Recommendation, 2010 (No. 200). Noting that the draft law has been submitted to Parliament for consideration, the Committee asks the Government to take the necessary steps to ensure there is an explicit prohibition of direct and indirect discrimination covering at least all grounds enumerated in the Convention, including colour, and hopes that the final text will include a prohibition of discrimination based on real or perceived HIV/AIDS status, in keeping with the HIV and AIDS Recommendation, 2010 (No. 200). Please also supply a copy of the amendment of the Labour Code once it has been adopted.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Equality of opportunity and treatment of ethnic minorities. The Committee recalls its previous comments on the difficulties faced in the labour market by persons belonging to minority groups, including the Gaugaz and Roma, in the labour market. The Committee notes the adoption of the action plan on supporting the Roma people of the Republic of Moldova for 2007–10 under which various orientation activities and training programmes were organized with a view to promoting Roma’s access to employment and occupation. The Committee also notes from the Government’s report under the Framework Convention for the Protection of National Minorities that the project “training for linguistic minorities in Moldova” is designed to provide persons belonging to minority groups with skills in the national language and thus enhance their opportunities of employment. The Committee requests the Government to provide an assessment of the implementation of concrete action undertaken under the action plan on supporting the Roma people of the Republic of Moldova, including an indication of the number of men and women of Roma origin who have found employment following their participation in the activities concerned. Noting that the statistical information provided on the national composition of students does not refer explicitly to the situation of Roma people, the Committee encourages the Government to collect and submit such information in future reports. The Committee further requests the Government to supply information on the implementation of the project “training for linguistic minorities in Moldova” and on any other positive measures taken, including under the national Human Rights Action Plan (2004–08) to remove barriers hindering ethnic minorities’ access to employment.

Equality of opportunity and treatment between men and women. The Committee notes Decree No. 984 of 2006 regarding the National Plan on the Promotion of Gender Equality in Society for 2006–09. It further notes the statistics on the employment of men and women during 2006–08 (first quarter) confirming the prevailing gender segregation of the labour market previously noted by the Committee. The Committee recalls that section 13(3) of Act
No. 5-XVI of 9 February 2006 regarding the assurance of equal opportunities for women and men provides for the adoption of affirmative action measures to ensure equal representation of men and women in occupations in which either sex is over-represented. The Committee understands that the National Employment Agency (NEA) has conducted various initiatives to promote vocational training in accordance with the needs of the market, and that a Memorandum of Understanding has been concluded with UNIFEM to strengthen the NEA’s capacity to integrate a gender dimension in its activities. The Committee must note, however, the absence of any further information in the Government’s report on the concrete action taken to improve the participation rates of women in those economic sectors and occupations in which they are under-represented. The Committee requests the Government to supply information on the following:

(i)    the participation rates of men and women in the different types and areas of training organized by the NEA and in the different occupations;

(ii)   any affirmative action undertaken pursuant to section 13(1) of Act
No. 5-XVI of 2006 and the outcome thereof; and

(iii) the outcome of the action undertaken under the National Plan on the Promotion of Gender Equality in Society for 2006–09 to overcome the current segregation of the labour market, and to increase the participation rates of women in sectors or occupations in which they are currently under-represented.

Work and family responsibilities. The Committee notes with interest that Act No. 60-XVI of 21 March 2008 amending sections 120(2) and 121(4) of the Labour Code, provides that one of the parents and unmarried single parents with two or more children under the age of 14, or with a disabled child under the age of 16, are entitled to 14 days of unpaid annual leave, and that four additional days of annual paid leave are granted to one of the parents. The Committee asks the Government to provide information on the practical application of sections 120(2) and 121(4) of the Labour Code, including an indication of the number of fathers that have been granted such leave.

Special measures of protection and assistance. The Committee recalls section 248 of the Labour Code and Decision No. 624 of 6 October 1998 concerning occupations prohibited for women. The Committee notes the Government’s statement that the social partners have not yet taken any initiative to review the list of occupations contained in Decree No. 624, but that should they do so, the Government would be ready to examine the list of prohibited occupations for women. The Committee requests the Government to take measures to initiate the process of reviewing the list of prohibited occupations to ensure that prohibitions are limited to protecting maternity and not aimed at protecting women because of their sex or gender based on stereotyped assumptions, and to provide information on the progress made in this regard.

Sexual harassment. With respect to the legal prohibition of sexual harassment, the Committee notes the Government’s explanation that section 5(4) of Act No. 5-XVI, 2006, which deals with discrimination and forbids any action limiting or excluding equal treatment between women and men, covers sexual harassment. The Committee asks the Government to provide information on the number and outcome of court cases of workplace sexual harassment in the context of section 5(4) of Act No. 5-XVI of 2006, as well as on the measures taken to raise awareness among workers and employers about sexual harassment in employment and occupation.

Trafficking of women. The Committee recalls its previous comments relating to the vulnerability of women, especially those in rural areas, to traffickers, and the need to address their economic security as a means to reduce this vulnerability. The Committee notes the general information in the Government’s report regarding studies that have been undertaken on the situation of women and underprivileged people in the labour market. In the absence of any further specific information, the Committee must reiterate its request for information on the implementation of measures to improve women’s job opportunities, particularly of those living in poverty and in rural areas, and the effect of these measures on reducing women’s vulnerability to traffickers.

Institutional framework. The Committee notes the adoption of Decree No. 895 of 2006 on the regulations of the Commission on Equal Opportunities for Men and Women, which sets out the major objectives of the Commission’s mandate. It further notes that gender units have been created within several ministries and public administration authorities, including the NEA and the Labour Inspectorate, which have the mandate to monitor observance of equality legislation and to make proposals for integrating gender equality in policies and activities. The Committee would appreciate receiving updated information on any concrete steps taken by the Commission on Equal Opportunities for Men and Women to implement the national plan for gender equality, as well as an assessment of the impact of these activities. The Committee further requests the Government to supply details on the activities of the gender units to improve the participation rates of women in training and education programmes, and in the sectors and occupations in which they are under-represented. The Committee also requests further information on the enforcement, including by the gender unit of the Labour Inspectorate, of Act No. 5-XVI, 2006.

Discrimination on the basis of age. The Committee recalls its previous observation in which it noted the communication by the Confederation of Trade Unions of the Republic of Moldova (CSRM), received on 26 July 2006, alleging that Act No. 8-XVI of 9 February 2006, which inserts section 82(i) in the Labour Code allowing for the termination of an employment contract in cases where the employee has reached retirement age, discriminated against workers on the basis of age. The Committee notes the Government’s indication that section 82 was further amended by Act No. 269-XVI of 28 July 2006 and that it now provides only for the termination of the employment of heads of state enterprises or heads of enterprises in which the State is a majority shareholder upon their reaching the age of 65. Such persons can however conclude labour contracts for a period up to two years under section 55(f) of the Labour Code for positions other than that of head of an enterprise. The Committee refers the Government to its 2008 observation on the application of the Termination of Employment Convention, 1982 (No. 158).

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Discrimination on the basis of colour. Further to its previous comments on the absence of any reference to the ground of colour in the anti-discrimination provisions of the Labour Code, the Committee notes the Government’s explanation that “colour” would be covered by section 8(1) of the Code as it falls under the “other criteria which are not linked to the professional qualifications of the workers”. The Committee also notes from the Government’s report under the Framework Convention for the Protection of National Minorities that a draft law on preventing and combating discrimination is being drawn up which will cover, among others, the areas of employment and education, thus complementing and clarifying the existing provisions of the Labour Code (ACFC/SR/III(2009)001, 24 February 2009, pages 7–8). Recalling once again the importance of including explicit references to all the grounds enumerated in Article 1(1)(a), of the Convention in national legislation prohibiting discrimination (see paragraph 206 of the Special Survey on equality in employment and occupation, 1996), the Committee encourages the Government to consider inserting an explicit prohibition of discrimination covering all grounds enumerated in the Convention, including colour, in the law on preventing and combating discrimination and requests it to provide a copy of the law once it has been adopted. The Committee also requests the Government to provide information on the practical application of section 8(1) of the Labour Code to cases of discrimination based on colour.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Equality of opportunity and treatment of ethnic minorities. The Committee notes the information provided on the Gaugaz and Roma populations. It notes that the Government undertook a survey on the situation of the Roma in the labour market and that these results contributed to the development of territorial employment programmes for the Roma. The Committee notes the Government’s indication that the primary challenge facing ethnic minorities, including the Gaugaz, on the job market has to do with their level of Moldovan language skills but that this problem cannot be considered as discriminatory. The Committee reminds the Government of the importance of taking active measures to promote equal opportunity and treatment in employment and occupation, including measures such as language training for ethnic minorities whose poor knowledge of the national language acts as a barrier to employment opportunities. It therefore asks for information on the measures planned or in place to address the language barrier facing ethnic minorities in obtaining employment.  Noting that 15 per cent of places in higher education institutions have been reserved for certain categories of the population including the Roma, the Committee also asks  the Government to indicate the proportion of ethnic minorities enrolled in higher education institutions and whether the Government is taking any other concrete measures to ensure equal opportunities and non-discrimination on the basis of race and national extraction in education and vocational training. The Committee further requests detailed information on the impact of the territorial employment programmes aimed at improving employment opportunities for the Roma population. Please also provide a copy of the survey on the situation of Roma in the labour market along with statistical data on the employment situation of other ethnic minorities.

2. Promotion of equality of opportunity and treatment between men and women. The Committee notes from the Government’s report that there are many more women than men in the state administration, health, education and social services, as well as in the trade, hotel and restaurant sectors. It also notes that while women comprised 49 per cent of public servants in 2005, they accounted for only 12.5 per cent of staff in the highest ranking posts – an imbalance that is similarly reflected (17 per cent) in the representation of women in positions of authority in state bodies (Parliament, deputy ministers and administrative directors). In this context, the Committee notes that Act No. 5-XVI of 9 February 2006 regarding the assurance of equal opportunities for women and men guarantees gender equality in access to education and training (Article 13(1)). It further provides for the adoption of affirmative action measures to ensure equal representation of both sexes in professions where either sex is over-represented (Article 13(3)). The Committee asks the Government to provide information on the effect of these legal provisions on the participation rates of women in training and education programmes, indicating in particular the rate of male and female participation according to different fields of specialization. Noting the other initiatives undertaken by the National Employment Agency, the Committee asks the Government to continue to provide detailed information on the practical steps taken to promote equal access of men and women to employment and occupation and the results achieved. Please also include any reports submitted to Parliament under section 17(c) of Act No. 5-XVI detailing the situation of gender equality and the activities taken in this regard in accordance with the legislation.

3. Work and family responsibilities. The Committee notes that, under Act No. 5-XVI, employers must provide equal conditions for men and women to combine work and family responsibilities. It further recalls the measures in the Labour Code allowing both men and women to assume their family responsibilities, such as partially paid childcare leave and additional unpaid care leave (sections 125 and 126), but that the right to unpaid leave under section 120(2) does not appear to apply to married fathers and annual paid leave under section 121(4) is only available to women. The Committee again asks the Government to indicate the reasons for excluding men from the entitlements provided under sections 120(2) and 121(4) and to indicate any measures taken to promote the equal sharing of family responsibilities between men and women.

4. Special measures of protection and assistance. The Committee notes that section 248 of the Labour Code prescribes a general prohibition on the employment of women in heavy work, work under harmful conditions as well as in underground work. Noting that the Government did not include a copy of the list of specifically prohibited occupations for women along with its previous report, the Committee again asks the Government to supply the text of Decision No. 624 of 6 October 1993. Referring to the ILO resolution of 1985 on equality of opportunity and treatment for men and women workers in respect of employment, the Committee also asks the Government to indicate whether any initiative has been taken to review this list of prohibited occupations, in consultation with the social partners and in particular with women workers, with a view to determining whether it is still necessary to forbid women access to certain occupations in light of the development of scientific knowledge and technology.

5. Sexual harassment. The Committee notes that, under section 5(2) of Act No. 5-XVI, action which limits or prevents equal treatment of women and men in any manner is considered discriminatory and is prohibited. The Act also includes a definition of sexual harassment in accordance with the Committee’s general observation of 2002. The Committee further notes from section 10(3)(d) that employers must take measures to prevent sexual solicitation in the workplace including cooperating with the competent authorities when complaints of sex discrimination are lodged. Noting that the prohibition of sex discrimination in section 5(2) does not explicitly prohibit sexual harassment, the Committee asks the Government to clarify whether sexual harassment is prohibited under the terms of this provision as a form of sex discrimination. The Committee asks the Government to provide information on the number and outcome of cases of workplace sexual harassment and on the measures taken to raise awareness among workers and employers about sexual harassment in employment and occupation.

6. Trafficking of women. The Committee notes the adoption of Act No. 241-XVI of 20 October 2005 on preventing and fighting trafficking in human beings. While considering this and other efforts to counter this ongoing problem, the Committee notes the concern of the Committee on the Elimination of Discrimination against Women with regard to the increasing trend of illegal trafficking in young women and girls along with its recommendation that the Government enhance measures to improve the economic security of women, particularly in rural areas, as a means to eliminate their vulnerability to traffickers (concluding comments of 25 August 2006, CEDAW/C/MDA/CO/3, paragraph 25). In this regard, the Committee recalls the ILO’s technical cooperation project to combat the trafficking of women in Eastern Europe, including Moldova, through promoting targeted gender-sensitive employment and training programmes. It asks the Government to provide information on the implementation of measures under this project to promote access of women to job opportunities, particularly for women living in poverty and in rural areas, and the effect of these measures on reducing women’s vulnerability to traffickers.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Legislative developments. The Committee notes with interest the adoption of Act No. 5-XVI of 9 February 2006 regarding the assurance of equal opportunities for women and men. It notes that the Act prohibits direct and indirect discrimination on the basis of sex and guarantees equal opportunity for women and men in employment and occupation. The Committee  also notes with interest the creation of the Commission for Gender Equality. It asks the Government to provide detailed information on the work and responsibilities of the Commission in relation to employment and occupation and on the practical application and enforcement of Act No. 5-XVI, including indications of the number, nature and outcome of cases under the new Act dealt with by the labour inspectorate and the courts.

2. Discrimination on the basis of age. The Committee notes the communication from the Confederation of Trade Unions of the Republic of Moldova (CSRM) received on 26 July 2006 with respect to the recent amendments to the Labour Code (Act No. 8-XVI of 9 February 2006). The CSRM focuses in particular on the addition of section 82(i), which allows for the termination of an employment contract in cases where the employee has reached retirement age. It alleges that this provision contravenes section 8 of the Labour Code and Convention No. 111 in that it discriminates on the basis of age and will lead to the unjust dismissal of older workers. The Committee notes that the communication received from the CSRM was sent to the Government on 4 September 2006. It requests the Government to provide a reply to the issues raised by the CSRM with its next report.

3. Discrimination on the basis of colour. The Committee recalls that sections 8, 47 and 128 of the Labour Code prohibit discrimination on a number of grounds, but that the criterion of colour, which is one of the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, has been omitted. The Committee asks the Government to indicate whether it intends to extend the protection provided by this provision to include the ground of colour, and to indicate the measures by which protection from discrimination on the basis of colour is ensured in respect of employment and occupation.

4. Measures to promote equality of opportunity and treatment in employment and occupation. The Committee understands that the Government adopted a national plan for promoting gender equality for the period 2006-09 and recalls the National Human Rights Action Plan (2004-08), which envisages activities to promote equality of opportunity and treatment on the basis of sex and ethnic origin. The Committee notes that the Government’s report does not provide an assessment of the implementation of the concrete activities and programmes carried out under these plans. It asks the Government, therefore, to provide detailed information in its next report on the mechanisms in place to coordinate and monitor the implementation of these plans and on the outcomes of the action taken under these plans to promote equality in the world of work irrespective of sex or ethnicity. Please also provide a copy of the new national plan for promoting gender equality.

The Committee is raising certain other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Discrimination on the basis of sex. Sexual harassment. The Committee notes that section 173 of the Criminal Code (compulsion to acts of a sexual nature) is currently the only legal provision covering sexual harassment. Noting that efforts are under way to adopt legislation addressing the issue of sexual harassment, the Committee requests the Government to provide information on any progress made in this regard, as well as any other information as requested by the Committee in its 2002 general observation on this issue.

2. Article 2 of the Convention. Gender equality in the labour market. The Committee notes from the statistical information supplied by the Government that, between 2000 and 2003 the economically active population was largely gender-balanced, while the economic activity rate among men was consistently some 5 per cent higher than among women. With regard to the access of men and women to jobs in all occupational groups, the Committee notes that women are over-represented in state administration, health, education and social services, as well as in the trade, and the hotel and restaurant sectors. According to ILO statistical data for 2003, women are under-represented among senior officials and managers, while they considerably outnumber men in the occupational category of professionals, service workers and clerks. According to the Government, there was no discrimination on the basis of sex in education. However, the Committee notes the Government’s statement that, in some cases, women were refused employment. In order to enable the Committee to continue to assess progress made in the realization of equality of opportunity and treatment at work of men and women, the Government is requested to provide the following information:

(a)  statistical information on the participation of men and women in the different economic sectors and occupational categories. Please also provide information on the participation of women and men in public sector employment and on the extent to which men and women occupy decision-making and management positions;

(b)  statistical information on the participation of men and women in education, including vocational training, indicating the rate of male and female participation in the different fields of specialization;

(c)  practical measures taken to actively promote the equal access of men and women to employment and occupation, and to prevent and eliminate discriminatory employment practices against women;

(d)  progress made respecting the adoption of the draft Act on equal opportunities of men and women.

3. Trafficking of women. The Committee notes the concern of the United Nations Committee on Economic, Social and Cultural Rights about the extent of trafficking in persons, particularly women, despite the various measures taken to prevent and combat this phenomenon and the United Nations Committee’s recommendation to reinforce anti-trafficking measures, including by improving job possibilities and assistance of women living in poverty (concluding observations of 28 November 2003, E/C.12/1/Add.91, paragraph 19). In this regard, the Committee notes the ILO’s technical cooperation project to combat trafficking in women in eastern Europe, which also covers the Republic of Moldova. This project, inter alia, aims at reducing trafficking of young women through promoting targeted gender-sensitive employment and training programmes. The Committee welcomes this initiative and requests the Government to provide information on the implementation of such programmes and any other measures taken to promote access of women to job opportunities, particularly of women living in poverty.

4. Equal sharing of work and family responsibilities. The Committee notes with interest that the new Labour Code contains measures that allow both men and women to assume their family responsibilities, such as partially paid childcare leave and additional unpaid care leave (sections 125 and 126). However, the Committee also notes that the right to unpaid leave under section 120(2) is only available for women or unmarried single parents having two or more children under the age of 14 (or a disabled child under the age of 16), which appears to exclude married fathers from this measure. Likewise, the additional annual paid leave of four days under section 121(4) is only available to women. In this context the Committee emphasizes that an assumption that family responsibilities would be shouldered solely by working mothers, not by working fathers (unless the mother is not present), can constitute a barrier to equality in employment and occupation and can be a major source of direct or indirect discrimination against women. The Committee requests the Government to indicate the reasons for excluding men from the entitlements provided for under sections 120(2) and 121(4). Please also indicate any measures taken to promote equal sharing of family responsibilities between men and women.

5. Equality of opportunity and treatment of ethnic minorities. The Committee notes the information provided by the Government with regard to the situation of the Gaugaz and the Roma. The Committee also notes the concern expressed by the Committee on the Elimination of Racial Discrimination about reports that ethnic minorities, and particularly the Roma, experience discrimination in employment and education (CERD/C/60/CO/9, 21 May 2002, paragraph 18). It therefore requests the Government to continue to provide information on the measures taken to ensure and promote equality of opportunity and treatment in employment and occupation of ethnic minorities. In this regard, also indicate the manner in which equal opportunities and non-discrimination on the basis of race and national extraction are ensured in education, vocational training and in respect to employment services. Please also provide statistical information on the participation of ethnic minorities in the labour market.

6. Article 5. Measures of protection and assistance. The Committee requests the Government to supply the text of Government Decision No. 624 of 6 October 1993 on the approval of the list of industries, occupations and work with heavy and harmful working conditions where the use of female labour is prohibited and the standards of maximum permissible weights for women in manual lifting and transport of loads.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1 of the Convention. Application in law. The Committee notes with interest that the new Labour Code (Act No. 154-XV of 23 March 2003) contains several provisions applying the Convention. The Code recognizes the right to free choice of work, the prohibition of discrimination, and equality of rights and opportunities of all workers as basic principles of labour relations (section 5). Under section 8(1), any direct or indirect form of discrimination on the grounds of sex, age, race, nationality, creed, political convictions, social origin, place of residence, physical, intellectual or mental disability, membership in trade unions or participation in trade union activities, as well as other criteria which are unrelated to the professional qualification of the worker, is prohibited. The Committee notes that section 47 explicitly extends the prohibition of discrimination to the recruitment process. Enterprises must include in their internal regulations provisions concerning the observance of the principle of non-discrimination and elimination of any form of infringement of dignity at work (section 199). The Committee requests the Government to provide detailed information on the practical application and enforcement of the non-discrimination provisions of the Labour Code, including indications on the number, nature and outcomes of cases involving these provisions dealt with by the labour inspectors and the courts.

2. Prohibited grounds of discrimination - colour. The Committee notes that sections 8, 47 and 128 prohibit discrimination on a number of grounds, but that the criteria of colour which is one of the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, has been omitted. The Committee recalls that it has always emphasized that, where legislative provisions are adopted to give effect to the principle of the Convention, they should include all the grounds of discrimination laid down in Article 1(1)(a) of the Convention. The Committee therefore recommends that the prohibited ground of colour be included in the legislation in the course of future amendments and requests the Government to provide information on any steps taken in this regard.

3. Article 2. Measures to promote equality of opportunity and treatment in employment and occupation. The Committee notes with interest that the Government has adopted a national plan for the promotion of gender equality in society (2003-05), which, inter alia, aims at eliminating gender discrimination in the labour market. The Parliament adopted a national plan of action in the field of human rights (2004-08), which envisages activities to promote equality of opportunity and treatment on the basis of sex and ethnic origin. The Government is requested to provide information on the concrete activities and programmes carried out under these plans with a view to promoting equality in the world of work irrespective of sex or ethnicity, including results achieved.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its brief report. It requests the Government to provide further information in its next report on the following points.

1. The Committee notes that the Office has not yet received a copy of the Employment Act of 1997 as requested in its previous comments. The Committee trusts that the Government will supply the Act with its next report.

2. The Committee notes the banned grounds of discrimination listed in section 17 of the Labour Code and requests again the Government to indicate whether the term "convictions" may be understood as covering "political opinion", and if not how protection is afforded against discrimination in employment and occupation on the basis of political opinion.

3. The Committee noted in its previous comments that section 82 of the Labour Code prohibits discrimination in the determination of remuneration, and excludes, among the banned grounds of discrimination, race, colour, political opinion and social origin. The Committee notes from the information provided in the Government’s report that no measures have been envisaged to extend protection from discrimination to said grounds. The Committee recalls that the purpose of the Convention is to protect all workers against discrimination on all the seven grounds listed in the Convention and that the Special Survey 1996 states that "it is now universally recognized that discrimination based on such grounds is contrary to the concept of fairness and human dignity". The Convention also covers all conditions of work including remuneration. Therefore, the Committee asks the Government to indicate how protection against discrimination on the grounds of race, colour, political opinion and social origin is afforded in practice in so far as determination of remuneration is concerned, and if the Government intends to extend the coverage of this provision to all the criteria set forth in the Convention.

4. The Committee notes the activities promoted by the Commission for Women’s Rights established in 1999. However, it also notes the comments of the Human Rights Committee that remains concerned that women continue to have a disproportionately low level of participation in the political and economic life, particularly in senior positions in the public sector and in business (paragraph 17, Concluding Observations, 26 July 2002). The Committee also notes the CEDAW’s comments that express concern about the situation of women in the labour market, including women’s unemployment levels, job segregation and the fact that, because of lack of opportunity in the country, many women seek employment abroad, often without obtaining work permits (paragraph 107, Concluding Observations, 27 June 2000). The Committee asks the Government to supply statistical data, disaggregated by sex on the labour market, divided by sectors of activities and levels of responsibilities and indicate which practical measures have been taken to correct the said de facto inequalities in the labour market. Finally, the Committee notes that the Government did not provide the list of types of work prohibited to women because of their dangerous nature or conditions in which they were carried out, as declared by section 168 of the Labour Code. The Committee hopes the Government will supply a copy of the said list with its next report.

5. The Committee notes the Government’s report remains silent on the issue of equality of opportunity in the labour market for ethnic minorities. It also notes the comments of the Human Rights Committee that remains concerned over the situation of national minorities in practice, particularly of the Gagauz and of the Roma, who continue to suffer serious discrimination, notably in the rural areas (paragraph 19, Concluding Observations, 26 July 2002). The Committee once again requests the Government to provide information on the measures taken to eliminate discrimination and promote equality of opportunity and treatment in the labour market for national minorities.

6. The Committee would appreciate receiving information on measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in accordance with Article 3(a) of the Convention.

7. The Committee notes that the Government’s report contains no reply to the following points raised in its previous direct request:

The Committee notes that a general department has been established within the Ministry of Labour with a view to studying the specific problems of women on the employment market, as well as the protection of maternity and childhood. It requests the Government to provide it with information on the activities undertaken by the above department, the studies carried out, etc. It would also be grateful to receive information on the "decision respecting the approval of the plan of essential action to improve the situation of women and increase their role in society" (No. 39), adopted on 15 January 1998, and the action taken on the basis of this decision.

Article 4. The Committee requests the Government to provide information in its next report on any legislative or administrative measures and any national practices governing the employment or professional activities of persons who are under legitimate suspicion of carrying on activities prejudicial to the security of the State, or who have been proven to carry on such activities, and on the channels of appeal available to such persons.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in its first report on the application of the Convention. It requests it to provide further information in its next report, particularly on the following points.

1. The Committee requests the Government to provide with its next report a copy of the Employment Act of 1997, as amended on 17 December 1997.

2. Article 1, paragraph 1, of the Convention. The Committee requests the Government to indicate the manner in which protection is provided against discrimination in employment on the basis of political opinion, particularly at the time of recruitment. It requests the Government to indicate in particular whether the term "convictions", which is one of the prohibited grounds of discrimination under section 17 of the Labour Code, may be understood as covering "political opinion". The Committee notes that section 82 of the Labour Code, respecting employment remuneration, sets out the principle of non-discrimination in the determination of remuneration on the basis of a number of criteria, which do not include race, colour, political opinion or social origin. The Committee requests the Government to indicate whether it intends to extend the protection provided by this provision to all the criteria set out in the Convention. In this respect, the Committee observes that the Convention requires the prohibition of discrimination in respect of all aspects of employment and occupation. It therefore requests the Government to indicate the measures by which protection against discrimination is ensured in respect of all conditions of employment, and on all the grounds enumerated in the Convention.

3. The Committee notes that, under section 168 of the Labour Code, the list of types of work which women may not perform because of the arduous nature and harmful conditions of the work is to be specified in an order issued by the Government. It requests the Government to indicate whether this order has already been adopted and, if so, to provide a copy of it.

4. Article 2. The Committee would be grateful if the Government would provide it with information on all national policy measures in the strict sense, excluding constitutional provisions and the provisions of the Labour Code, intended to promote equality of opportunity and treatment in employment and occupation. It would also be grateful to be provided with information on the national policy concerning ethnic minorities.

5. The Committee notes that a general department has been established within the Ministry of Labour with a view to studying the specific problems of women on the employment market, as well as the protection of maternity and childhood. It requests the Government to provide it with information on the activities undertaken by the above department, the studies carried out, etc. It would also be grateful to receive information on the "decision respecting the approval of the plan of essential action to improve the situation of women and increase their role in society" (No. 39), adopted on 15 January 1998, and the action taken on the basis of this decision.

6. Article 4. The Committee requests the Government to provide it with information in its next report on any legislative or administrative measures and any national practices governing the employment or professional activities of persons who are under legitimate suspicion of carrying on activities prejudicial to the security of the State, or who have been proven to carry on such activities, and on the channels of appeal available to such persons.

7. The Committee would be grateful to receive with the next report further information on the effective supervision by state inspectors and by trade unions of the application of labour legislation, in accordance with the Labour Code. Please provide data on any inspections of enterprises made by inspectors, the complaints made by trade unions concerning violations of the labour legislation by an enterprise, etc.

8. Finally, the Committee requests the Government to provide in its next report the information requested in the report form for this Convention under Parts IV, V and VI.