Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Republic of Moldova (Ratification: 1996)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes the information available on the website of the National Commission for Consultations and Collective Bargaining (CNCNC) concerning the tripartite consultations held between 21 December 2021 and 5 January 2023. According to the agenda of the meetings, tripartite consultations have been held regarding the possibility of ratifying the Nursing Personnel Convention, 1977 (No. 149); and the Violence and Harassment Convention, 2019 (No. 190). The CNCNC also discussed other matters related to labour legislation and social and economic policies, including the national minimum wage for 2023; the formulation, implementation and revision of national policy in accordance with Occupational Health Services Convention, 1985 (No. 161); and the alignment of the national regulatory framework on labour inspection to the relevant ILO Conventions. The Committee notes that the Government’s report does not contain information on the tripartite consultations held within the CNCNC on other international labour standards related matters as envisaged by Article 5(1) of the Convention, such as, notably, the replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a); the proposals made in the context of the submission to the Parliament of the instruments adopted by the Conference (Article 5(1)(b)); or the questions arising out of reports to be made on ratified Conventions pursuant to article 22 of the ILO Constitution (Article 5(1)(d)).The Committee requests the Government to supply the above information.

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the information contained in the Government's report received in October 2020.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes that in reply to its previous comments, the Government indicates that the Executive Bureau of the National Commission for Consultations and Collective Bargaining held 2 meetings in 2019 (21 August and 22 November 2019). It adds that the first plenary session of the National Commission for 2019 took place on 25 November 2019, during which it discussed four draft legislative acts. At the same time, following the meeting of the Executive Bureau on 22 November 2019, the social partners were requested to review the proposals submitted by the members regarding the Commission’s Work Plan for 2019 and to provide their comments for consideration at the Commission’s meeting in December 2019. The social partners were also requested to submit topics for discussion and possible inclusion in the Commission’s 2020 Work Plan. The Committee nevertheless notes that the Government does not indicate whether tripartite consultations were held on any of the matters covered by the Convention. The Committee therefore requests the Government to provide detailed information on the content, frequency and outcome of the tripartite consultations held on each of the matters concerning international labour standards covered by the Convention, particularly relating to questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the National Assembly (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that, throughout the reporting period ending on 12 August 2015, the National Commission for consultations and collective bargaining has been discussing matters relating to international labour standards. The Committee notes in this regard that tripartite consultations in 2013–14 included consultations on the compatibility of national legislation with ratified ILO Conventions and consultations on the initiation of the ratification procedure of the Nursing Personnel Convention, 1977 (No. 149), and the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173). It further notes that in 2015, at the initiative of workers’ organizations, consultations will be held on several unratified Conventions. The Committee requests the Government to continue to provide detailed information on the content and outcome of the tripartite consultations held on each of the matters concerning international labour standards covered by the Convention, including information on any developments concerning the re-examination of unratified Conventions.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that, throughout the reporting period ending on 12 August 2015, the National Commission for consultations and collective bargaining has been discussing matters relating to international labour standards. The Committee notes in this regard that tripartite consultations in 2013–14 included consultations on the compatibility of national legislation with ratified ILO Conventions and consultations on the initiation of the ratification procedure of the Nursing Personnel Convention, 1977 (No. 149), and the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173). It further notes that in 2015, at the initiative of workers’ organizations, consultations will be held on several unratified Conventions. The Committee requests the Government to continue to provide detailed information on the content and outcome of the tripartite consultations held on each of the matters concerning international labour standards covered by the Convention, including information on any developments concerning the re-examination of unratified Conventions.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that, throughout the reporting period ending on 12 August 2015, the National Commission for consultations and collective bargaining has been discussing matters relating to international labour standards. The Committee notes in this regard that tripartite consultations in 2013–14 included consultations on the compatibility of national legislation with ratified ILO Conventions and consultations on the initiation of the ratification procedure of the Nursing Personnel Convention, 1977 (No. 149), and the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173). It further notes that in 2015, at the initiative of workers’ organizations, consultations will be held on several unratified Conventions. The Committee requests the Government to continue to provide detailed information on the content and outcome of the tripartite consultations held on each of the matters concerning international labour standards covered by the Convention, including information on any developments concerning the re-examination of unratified Conventions.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Tripartite consultations required by the Convention. The Committee notes the information supplied in the Government’s report received in November 2012. The Government indicates that in 2012 the National Commission Secretariat for consultations and collective bargaining, which is composed of three persons with civil servant status, was included in the State Chancellery. The Government states that this measure is in line with Article 4 of the Convention, which requires the authorities to provide administrative support and funding for the operation of tripartite consultation institutions. The Committee requests that the Government provide more detailed information in its next report on the content and outcome of the tripartite consultations held on the matters relating to international labour standards listed in Article 5(1) of the Convention, and more specifically on the questionnaires concerning items of the agenda of the Conference, the submission of instruments adopted by the Conference to the Parliament, and the reports to be made on the application of ratified Conventions.

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

Tripartite consultations required by the Convention. The Committee notes the information supplied in the Government’s report received in September 2010. The Government indicates that the National Commission Secretariat for consultations and collective negotiation, which is the main national instrument for the implementation of Convention No. 144, is currently working as a part of the Ministry of Labour, Social Protection and Family. The Committee notes with interest that, as a result of the activities carried out by the Commission to enforce Convention No. 144, the ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), was registered in February 2010. It further notes the Government’s statement indicating that the involvement of social partners in activities such as the elaboration of regular reports on the implementation of international labour Conventions or completing questionnaires submitted by the ILO, is not carried out in the framework of the Commission but is accomplished through the direct request to the Government for information or comments to the representatives of social partners at the national level. The Committee invites the Government to continue to provide detailed information in its next report on the tripartite consultations held on all the matters listed in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Tripartite consultations required by the Convention. The Committee takes note of the information supplied in the Government’s report received in August 2008. The Committee notes with interest that, since its last examination, the Labour Administration Convention, 1978 (No. 150), and the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), were ratified in November 2006 and January 2007, respectively. The Committee notes that no further information is supplied by the Government on the tripartite consultations held on matters related to international labour standards covered by the Convention (such as consultations before finalizing replies to ILO questionnaires or on problems which may arise in the reports due under article 22 of the ILO Constitution on the application of ratified Conventions). The Committee therefore reiterates its request to the Government to provide detailed information in its next report on the tripartite consultations held, in particular in the National Commission on Consultations and Collective Bargaining, on the matters listed in Article 5, paragraph 1, of the Convention.

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

Tripartite consultations required by the Convention. The Committee takes note of the Government’s report received in August 2006. It recalls that article 25 of the Labour Code of 2003 established the National Commission on Consultations and Collective Bargaining and similar commissions at the branch, territorial and enterprise level, and notes with interest the recent adoption by the Parliament of the Republic of Moldova of a law on the organization and functioning of these commissions. The Committee notes that, as from the date of entry into force of the law, any proposals regarding international labour standards in the form of drafts of normative acts will be discussed at the sittings of the National Commission. The Government indicates that tripartite consultations on international labour standards are still carried out by means of a written procedure and that this has facilitated the ratification of several Conventions. The Committee requests the Government to continue to provide detailed information on the tripartite consultations held, in particular in the National Commission on Consultations and Collective Bargaining, on the matters listed in Article 5, paragraph 1, of the Convention, during the period covered by the next report, with an indication of the nature of any resulting reports or recommendations.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report indicating the adoption of a new Labour Code in 2003, Title II of which covers social partnership and guarantees the participation of representative organizations in collective bargaining for the formulation of the collective labour agreement. The Committee refers to its previous direct request and asks the Government to provide detailed information on the following points.

1. Financing of training. The Committee recalls that, where training for participants in the consultations proves to be necessary to enable them to perform their functions effectively, its financing should be provided through appropriate arrangements between the Government and the representative organizations (paragraphs 125 and 126 of the General Survey of 2000 on tripartite consultation). The Committee asks the Government to indicate whether such arrangements have been made, in accordance with Article 4, paragraph 2, of the Convention, and, if so, to describe them.

2. Tripartite consultations required by the Convention. In its previous direct request, the Committee noted that consultations are largely carried out by written communication and, when determining the list of international labour Conventions to be ratified, are held in the context of the negotiations for the conclusion of the collective labour agreement. It requests the Government to provide detailed information on the tripartite consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the report, specifying the subject and frequency of such consultations.

3. The Committee notes that, in accordance with article 19 of the ILO Constitution, the Protocol of 2002 to Convention No. 155 and Recommendation No. 194 of 2002, as well as Convention No. 185, were forwarded to the competent authorities in December 2003 and August 2004. It requests the Government to continue providing information on this matter, with an indication of the tripartite consultations held beforehand in accordance with Article 5, paragraph 1(b).

4. Operation of the consultative procedures. The Committee recalls that Article 6 does not impose an obligation to issue an annual report, but it does require the organization of tripartite consultations on whether or not such reports should be issued. The General Survey of 2000 indicates in this respect that the annual report could, for example, include information on the composition of any consultative bodies, the number of meetings, their agenda, the proposals made and the conclusions reached (paragraph 131). The Committee requests the Government to indicate whether the representative organizations have been consulted on this matter, with an indication, where appropriate, of the outcome of these consultations.

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

The Committee notes the Government’s report for the period ending in August 2001 and the information sent in reply to its previous direct request. The Government refers, in describing the way in which social dialogue is ensured nationwide, to numerous laws and regulations and to the establishment of national and local tripartite committees. Regarding in particular the information on the implementation of the Convention, the Committee notes that consultations with representative organizations of employers and workers on all the subjects listed in Article 5, paragraph 1, of the Convention are largely carried out by written communication. It also notes that the Government wishes to adopt rules that would set more specific arrangements for such tripartite consultations. The Committee invites the Government to indicate in its next report any measures taken for the above purposes.

The Committee also asks the Government to provide additional information on the following points.

Article 4, paragraph 2. The Committee notes the information on the system for training mediators in collective labour dispute settlement. It requests the Government to report on any arrangements made or envisaged to finance any necessary training for persons participating in consultation procedures giving effect to the Convention, namely the persons participating in the written consultation procedures or those participating, in the course of negotiations on collective labour contracts, in determining the list of international labour Conventions to be ratified.

Article 5, paragraph 1. The Government states that it requests the opinion in writing of the representative organizations on all the subjects listed in this paragraph and that it takes due account of them in preparing its replies and reports addressed to the International Labour Office. With regard to the re-examination of unratified Conventions (c), the Government indicates that Conventions to be ratified are determined in the course of the negotiations with the social partners on the national collective labour agreement. The Government is asked to continue to provide information on consultations held during the period covered by the next report on the matters listed in paragraph 1, particularly in the course of the abovementioned negotiations.

Article 6. The Committee notes the information that, for the Government, the report on the application of the Convention counts as the annual report on the working of the procedures provided for in the Convention required by this Article. The Committee refers in this connection first to its General Survey of 1982 on tripartite consultations in which it recalled that the purpose of the annual report provided for in Article 6 of the Convention was different from that of reports on the application of the Convention submitted to the Office under article 22 of the ILO Constitution. The purpose of the latter, which have their own reporting cycle, is to allow the Committee of Experts and the Conference Committee to assess the manner in which the obligations deriving from ratified Conventions are executed. The annual report provided for in Article 6 of the Convention, on the other hand, is intended mainly for the dissemination of information on the tripartite consultations held on ILO standard-setting activities within the country. It may also provide information on the efficiency of the procedures and allow them to be adapted, where necessary (paragraph 180). Secondly, the Committee refers to its General Survey of 2000 on tripartite consultations in which it points out that Article 6 of the Convention does not impose an obligation to issue an annual report, nor does it lay down any requirements as to the form of such a report, but it does require that the representative organizations shall be consulted on whether or not such reports should be issued (paragraph 131). The Committee hopes that, in the light of the foregoing, the Government’s next report will contain information on consultations held pursuant to this Article.

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

The Committee has noted the Government's first report on application of the Convention and the comments made by the National Confederation of Employers of the Republic of Moldova. It notes the Government's wish to promote dialogue with employers' and workers' representative organizations, particularly on the subjects set out in Article 5, paragraph 1, of the Convention. In this context, the Government indicates that the social partners are consulted at national level in the Commission for the Settlement of Social and Labour Disputes. The Government also states that a governmental order instituting the Agency for Dialogue and Social Partnership has been adopted. The Committee notes this information and requests the Government to provide a copy of the abovementioned order. The Committee notes moreover that the information of a general nature contained in the Government's report does not permit it to appreciate fully the manner in which the provisions of the Convention are given effect. It requests the Government to supply in its next report detailed information on the application of all Articles of the Convention, taking duly into account the questions on each of them set out in the report form and the indications given hereafter:

Article 2 of the Convention. Please describe how the nature and form of procedures conducted in the Commission on the Settlement of Social and Labour Disputes, or in any other competent body, ensure application of this Article. Pursuant to Article 2, paragraph 1, the consultations envisaged in the Convention must necessarily cover each of the matters listed in Article 5, paragraph 1. The consultation procedures must be effective, that is, they must allow employers' and workers' organizations to make valid comments on the questions under consideration. To this end, in particular the consultations must take place prior to the decision made by the Government.

Article 3. Please give information on the measures taken to ensure that employers' and workers' organizations are represented on an equal footing at consultations relating to international labour standards.

Article 4. Please describe the manner in which administrative support is provided for the consultation procedures set out in the Convention and state whether arrangements have been made or are envisaged on the basis of paragraph 2 for the financing of any necessary training of participants in the consultative procedures.

Article 5(1). The Government does not indicate whether consultations have been undertaken in the abovementioned Commission or any other body on the matters covered in this Article. Please supply detailed information on the consultations conducted on each of the matters set out below, including information about their frequency and the nature of all ensuing reports or recommendations. In this regard, the Committee recalls that certain matters (replies to questionnaires, submissions to the competent authorities, reports to be submitted to the ILO) involve annual consultation, while others (re-examination of unratified Conventions and of Recommendations, proposals for the denunciation of ratified Conventions) entail less frequent examination.

Article 5(1)(a) (items on the agenda of the Conference). Under this provision, the Government has an obligation to consult employers' and workers' representative organizations before preparing the final text of its replies to ILO questionnaires. These consultations should cover not only the replies to questionnaires sent for the purpose of first discussions, but also the Government's comments on draft texts prepared by the ILO to serve as the basis for second discussions.

Article 5(1)(b) (submission of Conventions and Recommendations to the competent authorities). On this point, the Convention goes beyond the obligation of submission set out in article 19 of the ILO Constitution by requesting the Government to consult the representative organizations before finalizing the proposals to be submitted to the competent authority in relation to the submission of Conventions and Recommendations that must be made to them. An exchange of views or information that takes place after the submission to the competent authority would therefore not comply with the purposes of the Convention.

Article 5(1)(c) (re-examination of unratified Conventions and of Recommendations). The tripartite consultations on the matter are intended to promote the implementation of international labour standards by permitting the Government to envisage, in the light of changes in national legislation and practice, the measures that could be taken in order to facilitate ratification of a Convention or implementation of a Recommendation to which it had been unable to give effect at the time of the submission.

Article 5(1)(d) (report on ratified Conventions). This provision goes beyond the obligation to communicate reports pursuant to article 23, paragraph 2, of the Constitution; it entails holding consultations on the problems which may be raised by the reports due under article 22 on the application of ratified Conventions; in general, these consultations relate to the content of the reply to the comments by the supervisory bodies.

Article 6. Under this provision, the Government has an obligation to consult employers' and workers' representative organizations on the need to produce an annual report on the working of the procedures provided for in the Convention. Please undertake appropriate consultations in the near future or, where relevant, provide information on the results of such consultations.