Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Republic of Moldova (Ratification: 1996)

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

Previous comment

The Committee notes with regret that, once again, the Government’s report does not contain a reply to the Committee’s previous comments, initially made in 2014. It trusts that the next report will contain full information on each of the following points.

Parts I and II of the Convention. Improvement of standards of living.The Committee once again invites the Government to submit information which would enable it to appreciate the manner in which the “improvement of standards of living” is treated as “the principal objective in the planning of economic development”, as required under Article 2 of the Convention. In addition, the Committee once again invites the Government to provide information on the manner in which the family needs of workers have been taken into account in the framework of a social policy implemented in accordance with Articles 5 and 6 of the Convention.

Article 8(3). Transfer of part of wages and savings abroad.The Committee reiterates its request that the Government provide information on any agreements regulating matters arising in connection with the application of the Convention, including on any agreements including provisions that enable workers to remit their wages and savings.

Part IV. Remuneration.The Committee reiterates its request that the Government provide information on the measures taken or envisaged to give effect to the questions of principle referred to in Article 10(3) and (4) and Article 11(1) and (7).

Advances on the remuneration of workers. The Committee once again requests the Government to provide information on measures envisaged or adopted to determine the maximum amount and manner of repayment of advances on wages in accordance with Article 12.

Voluntary forms of thrift. The Committee reiterates its request that the Government provide information on measures taken or envisaged to encourage voluntary forms of thrift among wage earners and independent producers and to protect wage earners and independent producers against usury.

[The Government is requested to reply in full to the present comments in 2024.]

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

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.

Repetition

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in October 2013, in reply to its 2009 direct request. The Committee notes that Government Decision No. 285 of 30 May 2013 establishes a new formula for calculating the size of the existence minimum which is the sum of the valued size of the food basket, the costs for purchasing industrial goods and for the payment of services rendered to the population as well as the size of bonuses and mandatory contributions. According to the Government, in 2012, the size of the minimum existence per person amounted to 1,507.50 Moldovan leu (MDL), revealing an increase of 0.3 per cent, compared to 2011, and 26.9 per cent, compared to 2009. The Government indicates that the provisions relating to labour mobility are contained in section 20 of Law No. 102 XV of 13 March 2003 on employment and social protection of persons seeking employment which envisages the payment of a unique allowance for employment, when the location selected by the agency is either 30 km away from the worker’s place of residence or when it warrants for an actual change of residence. Activities in the framework of the stimulation of labour mobility are expected to resume in 2014; they had to be suspended in 2010 due to lack of funds. The Committee invites the Government to continue to submit information which would enable it to have an overview of the manner in which the “improvement of standards of living” is treated as “the principal objective in the planning of economic development” (Article 2 of the Convention). The Committee invites the Government to continue to report on how family needs of workers have been taken into account in the framework of a social policy implemented in accordance with the Convention (Articles 5–6).

Article 8(3). The Government indicates that bilateral agreements on labour migration have been signed with the Governments of Italy, in July 2011; an agreement on the temporary hiring of Moldovan workers in certain sectors was signed with Israel, in October 2012; furthermore, the internal procedures for the signature of an agreement, with the Russian Federation, on cooperation in labour migration and temporary labour activity, were completed in 2012. Moreover, while negotiations on the draft agreement with Bulgaria for the regulation of labour migration flows were launched in 2009, the negotiations did not take place due to the global crisis. The Committee invites the Government to continue to provide information on any agreements that have regulated matters arising in connection with the application of the Convention, and in particular on agreements including provisions to enable workers to remit their wages and savings.

Part IV. Remuneration. In reply to the 2009 direct request, the Government indicates that the tariff payment system has been regulated at branch level with the establishment of tariff network in collective conventions, and at enterprise level in the collective working contract. The Government refers to five collective conventions, establishing the tariff salary for the first qualification category. It further indicates that collective conventions at branch level are published in the Official Gazette. The Committee requests the Government to continue to provide information on the measures taken or envisaged to give effect to the questions of principle referred to in Article 10(3) and (4) and Article 11(1) and (7).

Advances on the remuneration of workers. The Government indicates that the Labour Code does not regulate the payment of advances to the employee’s account, the maximum amount of advances permitted; however, section 148 of the Labour Code provides for the withholding of amounts of pay for the purposes of reimbursement. The Committee invites the Government to indicate the measures envisaged or adopted to determine the maximum amount and manner of repayment of advances on wages in accordance with Article 12.

Voluntary forms of thrift. The Committee again requests the Government to indicate the measures taken to encourage voluntary forms of thrift among wage earners and independent producers and to protect wage earners and independent producers against usury.

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 expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in October 2013, in reply to its 2009 direct request. The Committee notes that Government Decision No. 285 of 30 May 2013 establishes a new formula for calculating the size of the existence minimum which is the sum of the valued size of the food basket, the costs for purchasing industrial goods and for the payment of services rendered to the population as well as the size of bonuses and mandatory contributions. According to the Government, in 2012, the size of the minimum existence per person amounted to 1,507.50 Moldovan leu (MDL), revealing an increase of 0.3 per cent, compared to 2011, and 26.9 per cent, compared to 2009. The Government indicates that the provisions relating to labour mobility are contained in section 20 of Law No. 102 XV of 13 March 2003 on employment and social protection of persons seeking employment which envisages the payment of a unique allowance for employment, when the location selected by the agency is either 30 km away from the worker’s place of residence or when it warrants for an actual change of residence. Activities in the framework of the stimulation of labour mobility are expected to resume in 2014; they had to be suspended in 2010 due to lack of funds. The Committee invites the Government to continue to submit information which would enable it to have an overview of the manner in which the “improvement of standards of living” is treated as “the principal objective in the planning of economic development” (Article 2 of the Convention). The Committee invites the Government to continue to report on how family needs of workers have been taken into account in the framework of a social policy implemented in accordance with the Convention (Articles 5–6).

Article 8(3). The Government indicates that bilateral agreements on labour migration have been signed with the Governments of Italy, in July 2011; an agreement on the temporary hiring of Moldovan workers in certain sectors was signed with Israel, in October 2012; furthermore, the internal procedures for the signature of an agreement, with the Russian Federation, on cooperation in labour migration and temporary labour activity, were completed in 2012. Moreover, while negotiations on the draft agreement with Bulgaria for the regulation of labour migration flows were launched in 2009, the negotiations did not take place due to the global crisis. The Committee invites the Government to continue to provide information on any agreements that have regulated matters arising in connection with the application of the Convention, and in particular on agreements including provisions to enable workers to remit their wages and savings.

Part IV. Remuneration. In reply to the 2009 direct request, the Government indicates that the tariff payment system has been regulated at branch level with the establishment of tariff network in collective conventions, and at enterprise level in the collective working contract. The Government refers to five collective conventions, establishing the tariff salary for the first qualification category. It further indicates that collective conventions at branch level are published in the Official Gazette. The Committee requests the Government to continue to provide information on the measures taken or envisaged to give effect to the questions of principle referred to in Article 10(3) and (4) and Article 11(1) and (7).

Advances on the remuneration of workers. The Government indicates that the Labour Code does not regulate the payment of advances to the employee’s account, the maximum amount of advances permitted; however, section 148 of the Labour Code provides for the withholding of amounts of pay for the purposes of reimbursement. The Committee invites the Government to indicate the measures envisaged or adopted to determine the maximum amount and manner of repayment of advances on wages in accordance with Article 12.

Voluntary forms of thrift. The Committee again requests the Government to indicate the measures taken to encourage voluntary forms of thrift among wage earners and independent producers and to protect wage earners and independent producers against usury.

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 2014.

Repetition

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in October 2013, in reply to its 2009 direct request. The Committee notes that Government Decision No. 285 of 30 May 2013 establishes a new formula for calculating the size of the existence minimum which is the sum of the valued size of the food basket, the costs for purchasing industrial goods and for the payment of services rendered to the population as well as the size of bonuses and mandatory contributions. According to the Government, in 2012, the size of the minimum existence per person amounted to 1,507.50 Moldovan leu (MDL), revealing an increase of 0.3 per cent, compared to 2011, and 26.9 per cent, compared to 2009. The Government indicates that the provisions relating to labour mobility are contained in section 20 of Law No. 102 XV of 13 March 2003 on employment and social protection of persons seeking employment which envisages the payment of a unique allowance for employment, when the location selected by the agency is either 30 km away from the worker’s place of residence or when it warrants for an actual change of residence. Activities in the framework of the stimulation of labour mobility are expected to resume in 2014; they had to be suspended in 2010 due to lack of funds. The Committee invites the Government to continue to submit information which would enable it to have an overview of the manner in which the “improvement of standards of living” is treated as “the principal objective in the planning of economic development” (Article 2 of the Convention). The Committee invites the Government to continue to report on how family needs of workers have been taken into account in the framework of a social policy implemented in accordance with the Convention (Articles 5–6).

Article 8(3). The Government indicates that bilateral agreements on labour migration have been signed with the Governments of Italy, in July 2011; an agreement on the temporary hiring of Moldovan workers in certain sectors was signed with Israel, in October 2012; furthermore, the internal procedures for the signature of an agreement, with the Russian Federation, on cooperation in labour migration and temporary labour activity, were completed in 2012. Moreover, while negotiations on the draft agreement with Bulgaria for the regulation of labour migration flows were launched in 2009, the negotiations did not take place due to the global crisis. The Committee invites the Government to continue to provide information on any agreements that have regulated matters arising in connection with the application of the Convention, and in particular on agreements including provisions to enable workers to remit their wages and savings.

Part IV. Remuneration. In reply to the 2009 direct request, the Government indicates that the tariff payment system has been regulated at branch level with the establishment of tariff network in collective conventions, and at enterprise level in the collective working contract. The Government refers to five collective conventions, establishing the tariff salary for the first qualification category. It further indicates that collective conventions at branch level are published in the Official Gazette. The Committee requests the Government to continue to provide information on the measures taken or envisaged to give effect to the questions of principle referred to in Article 10(3) and (4) and Article 11(1) and (7).

Advances on the remuneration of workers. The Government indicates that the Labour Code does not regulate the payment of advances to the employee’s account, the maximum amount of advances permitted; however, section 148 of the Labour Code provides for the withholding of amounts of pay for the purposes of reimbursement. The Committee invites the Government to indicate the measures envisaged or adopted to determine the maximum amount and manner of repayment of advances on wages in accordance with Article 12.

Voluntary forms of thrift. The Committee again requests the Government to indicate the measures taken to encourage voluntary forms of thrift among wage earners and independent producers and to protect wage earners and independent producers against usury.

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

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in October 2013, in reply to its 2009 direct request. The Committee notes that Government Decision No. 285 of 30 May 2013 establishes a new formula for calculating the size of the existence minimum which is the sum of the valued size of the food basket, the costs for purchasing industrial goods and for the payment of services rendered to the population as well as the size of bonuses and mandatory contributions. According to the Government, in 2012, the size of the minimum existence per person amounted to 1,507.50 Moldovan leu (MDL), revealing an increase of 0.3 per cent, compared to 2011, and 26.9 per cent, compared to 2009. The Government indicates that the provisions relating to labour mobility are contained in section 20 of Law No. 102-XV of 13 March 2003 on employment and social protection of persons seeking employment which envisages the payment of a unique allowance for employment, when the location selected by the agency is either 30 km away from the worker’s place of residence or when it warrants for an actual change of residence. Activities in the framework of the stimulation of labour mobility are expected to resume in 2014; they had to be suspended in 2010 due to lack of funds. The Committee invites the Government to continue to submit information which would enable it to have an overview of the manner in which the “improvement of standards of living” is treated as “the principal objective in the planning of economic development” (Article 2 of the Convention). The Committee invites the Government to continue to report on how family needs of workers have been taken into account in the framework of a social policy implemented in accordance with the Convention (Articles 5–6).

Article 8(3). The Government indicates that bilateral agreements on labour migration have been signed with the Governments of Italy, in July 2011; an agreement on the temporary hiring of Moldovan workers in certain sectors was signed with Israel, in October 2012; furthermore, the internal procedures for the signature of an agreement, with the Russian Federation, on cooperation in labour migration and temporary labour activity, were completed in 2012. Moreover, while negotiations on the draft agreement with Bulgaria for the regulation of labour migration flows were launched in 2009, the negotiations did not take place due to the global crisis. The Committee invites the Government to continue to provide information on any agreements that have regulated matters arising in connection with the application of the Convention, and in particular on agreements including provisions to enable workers to remit their wages and savings.

Part IV. Remuneration. In reply to the 2009 direct request, the Government indicates that the tariff payment system has been regulated at branch level with the establishment of tariff network in collective conventions, and at enterprise level in the collective working contract. The Government refers to five collective conventions, establishing the tariff salary for the first qualification category. It further indicates that collective conventions at branch level are published in the Official Gazette. The Committee requests the Government to continue to provide information on the measures taken or envisaged to give effect to the questions of principle referred to in Article 10(3) and (4) and Article 11(1) and (7).

Advances on the remuneration of workers. The Government indicates that the Labour Code does not regulate the payment of advances to the employee’s account, the maximum amount of advances permitted; however, section 148 of the Labour Code provides for the withholding of amounts of pay for the purposes of reimbursement. The Committee invites the Government to indicate the measures envisaged or adopted to determine the maximum amount and manner of repayment of advances on wages in accordance with Article 12.

Voluntary forms of thrift. The Committee again requests the Government to indicate the measures taken to encourage voluntary forms of thrift among wage earners and independent producers and to protect wage earners and independent producers against usury.

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

The Committee notes the Government’s report received in August 2008. It invites the Government to include in its next report information which enables the Committee to have an overview of the manner in which the “improvement of standards of living” is treated as “the principal objective in the planning of economic development” (Article 2 of the Convention).

1. Part III. Migrant workers. In its 2003 direct request, the Committee requested information on any migration movement within the country (Articles 5 and 6). In its report received in August 2008, the Government specifies that citizens of the Republic of Moldova carry out their working activities in their area of residence or travel daily distances, without changing their place of living. It further indicates that, as a result of the reform implemented during the period 2007–08, the concept of “minimum subsistence” has lost its relevance. A draft law on social assistance was approved which establishes a new indicator reflecting the difference between the guaranteed minimum income of the family and its global income. The Committee invites the Government to continue to report on how family needs of workers have been taken into account in the framework of a social policy implemented in accordance with the Convention.

2. Article 8, paragraph 3. The Government states that migrant workers hired legally are guaranteed, to the extent this is addressed by legislation, treatment which is no less favourable than that applied to nationals. The European Convention on the Legal Status of Migrant Workers was ratified by the Republic of Moldova, and bilateral agreements on labour force and social protection of migrant workers were concluded with Azerbaijan and Italy. The Government has tried to negotiate migration management agreements with Members of the European Union. The Committee welcomes continuing to receive information on any agreements that have regulated matters arising in connection with the application of the Convention, and in particular on agreements including provisions to enable workers to remit their wages and savings.

3. Part IV. Remuneration. The Committee notes the provision of the Labour Code in force since October 2003, as well as the regulations and collective agreements on fixing of minimum wages. Under the Convention, measures shall be taken to ensure that employers and workers concerned are informed of the minimum rates in force and that wages are not paid at less than these rates in cases where they are applicable (Article 10(3)). The Committee requests the Government to provide in its next report extracts of relevant administrative decisions, provisions of collective agreements or decisions of courts of law or other tribunals that relate to the questions of principle referred to in Article 10(3) and (4) and Article 11(1) and (7).

4. Wage advances. The Committee notes the provision of section 30(3) of the Law on Wages mentioned by the Government in its report. It therefore reiterates its request for the Government to clarify the situation in law and practice in relation to wage advances as required by Article 12 of the Convention.

5. Voluntary forms of thrift. The Committee again requests the Government to indicate the measures taken to encourage voluntary forms of thrift among wage earners and independent producers and to protect wage earners and independent producers against usury.

6. Part VI. Education and Training. The Committee notes the detailed information provided by the Government on the reforms in education carried out during the period 2003–08. It intends to follow issues related to child labour, youth employment and education in its comments on the Minimum Age Convention, 1973 (No. 138), the Worst Forms of Child Labour Convention, 1999 (No. 182), the Employment Policy Convention, 1964 (No. 122), and the Human Resources Development Convention, 1975 (No. 142), all of which have been ratified by the Republic of Moldova.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its first reports. It requests it to provide information on the following points.

Articles 6 and 7 of the Convention. The Committee notes that the information provided by the Government relating to these Articles of the Convention only concern national workers who left the country to work abroad. It requests the Government to provide further information on any migration movement within the country and, where appropriate, to indicate the measures taken to encourage migrant workers working temporarily away from their homes, to transfer part of their wages and savings from the area of labour utilization to the area of labour supply. The Committee also notes Presidential Decree No. 140 of 18 July 1991 and Government Order No. 460 of 27 July 1993 introducing the minimum subsistence budget which, according to the Government’s report, is intended to ensure its citizens the minimum standard of living it considers acceptable, given the current level of development of national productive resources. It requests the Government to transmit copies of the above two legislative texts and to specify whether the minimum subsistence budget takes into account the specific situation of the persons referred to under Article 6 of the Convention.

Article 8, paragraph 3. The Committee notes that agreements concerning migrant workers have been concluded with the Russian Federation, Ukraine and the Republic of Belarus. It also notes that the member countries of the Community of Independent States have concluded an agreement on collaboration in the field of labour migration and social protection for migrant workers. The Committee notes the statement that, in accordance with these agreements, the entry and departure of migrant workers into and from the territory of the country of labour utilization, their placement and residence, the signature of individual labour contracts, the taxation of income from employment, the recognition of diplomas, studies, qualifications and seniority, as well as insurance and medical and social assistance are covered by the legislation of the area of labour utilization. The Committee would be grateful if the Government would transmit copies of all the bilateral and multilateral agreements to which it refers in its first report relating to migrant workers, and provide further information on the practical arrangements to facilitate the transfer of part of the migrant workers’ wages and savings to their homes.

Article 9. The Committee recalls that, according to the present Article, where workers and their families move from low-cost to higher-cost areas, account shall be taken of the increased cost of living resulting from the change. While noting the Government’s statement in its report that "such measures are not being implemented", it requests the Government to indicate the measures that it intends to take to give effect to these provisions.

Article 10, paragraphs 3-4. The Committee notes that the minimum wage is determined by the State, in accordance with section 11 of Act No. 847-XV of 14 February 2002 on remuneration, section 2(1) of Act No. 1432-XIV of 28 December 2000 respecting minimum wage fixing and adjustment machinery, and section 83 of the Labour Code. It also notes that section 13(3) of the Act on remuneration, section 2(4) of the Act respecting minimum wage fixing and adjustment machinery, and section 84 of the Labour Code provide that the minimum wage is compulsory for all enterprises, institutions and organizations, irrespective of the type of ownership, and cannot be abated by these institutions by virtue of either collective or individual labour contracts. The Committee notes that section 3 of the Act respecting minimum wage fixing and adjustment machinery provides that minimum wages shall be fixed and adjusted in consultation with employers’ and workers’ organizations, and that the need to adjust minimum wages shall be examined once a year. It notes that the minimum wage shall be based on the average consumer price index, the average national wage, GDP, labour productivity and the subsistence level. The Committee also notes the statement that Government Order No. 335 of 25 May 2001 fixes the national minimum wage at 100 lei per month for 160 hours of full-time employment, or 0.592 leu per hour, whereas Order No. 35 of 17 January 2001 provides for tripartite negotiations to determine rates by sectors through collective contracts. The Committee requests the Government to provide the Office with a copy of the above two Orders and to indicate the measures taken or envisaged to ensure that workers are aware of the minimum wage rates in force, for example by posting the applicable rules and notices at the workplace. Furthermore, the Committee requests the Government to indicate the measures taken to enable workers covered by minimum rates and who, since they became applicable, have been paid wages at less than these rates, to recover the amount by which they have been underpaid, in accordance with the provisions of this Article of the Convention.

Article 11, paragraphs 1 and 7. The Committee notes the information contained in the Government’s first two reports indicating the existence, in both the public and private sectors, of several cases of non-payment of wages, with arrears of two months or more, due to the difficult economic situation. It also notes that wage arrears are also reported in cases of the termination of individual employment contracts. Moreover, the Committee notes the Government’s statement that it is necessary to adopt additional measures to comply more fully with the requirements of the Convention regarding the payment of wages in kind. In this respect, the Committee wishes to refer to its previous observation made in the context of the Protection of Wages Convention, 1949 (No. 95) at the debate held in the Committee for the Application of Standards in June 2002 at the 90th Session of the International Labour Conference, and the recommendations adopted by the Governing Body in June 2000 following its examination of the representation made under article 24 of the ILO Constitution. It reiterates that the problems of wage arrears and the payment of wages in kind in the form of goods that are not in conformity with the Convention demand sustained efforts, a frank and continuous dialogue with the social partners, as well as a number of important measures in both law and practice, which ensure effective enforcement by means of labour inspection. The Committee therefore requests the Government to keep it informed of any measures taken and any progress achieved relating to the problem of wage arrears, the partial payment of wages in kind in the form of alcoholic beverages or tobacco or any other goods or services in violation of the Convention, and the reinforcement of methods of enforcing the legislation in this respect.

Article 12. The Committee notes the information contained in the Government’s second report indicating that the practice of wage advances does not exist. It notes, however, that section 132 of the Labour Code provides that deductions from employees’ wages for the payment of workers’ debts to the enterprise, institution or organization in which they are employed can be made on the basis of an order of the administration, in particular for the repayment of wage advances. The Committee therefore requests the Government to provide clarification on the situation in law and practice in the country in relation to wage advances.

Article 13. The Committee requests the Government to indicate the measures taken to encourage forms of voluntary thrift among wage earners and independent producers and to protect wage earners and independent producers against usury.

Articles 15, paragraph 3, and 16. The Committee notes the statistical data indicating the number of schools classified by educational category and the number of students being trained, as well as the information on the vocational training programme for the unemployed. It requests the Government to continue to provide information on the implementation of its policy in the field of education, vocational training and apprenticeships for young persons. It also requests it to indicate the measures taken to prohibit the employment of children below the compulsory school-leaving age during school hours, in areas where educational facilities are provided on a scale adequate for the majority of children of school age. Finally, the Committee requests the Government to provide information in its next report on the measures taken or envisaged to promote training in new production techniques, in consultation with employers’ and workers’ organizations.

Part V of the report form. The Committee would be grateful if the Government would continue to provide general information in future reports on the goals fixed, the progress achieved and the difficulties encountered in all the areas of social policy covered by the Convention.