Texts of pending comments

Article 1 of the Convention. The principle of the 40-hour week. Averaging of hours of work. Overtime. In previous comments, the Committee noted that: (i) section 99 of the Labour Code allows the averaging of working hours over a reference period of up to one year; (ii) section 104(5) of the Labour Code provides that the maximum annual limit of overtime may be increased from 120 to 240 hours in exceptional cases with the written consent of the workers’ representatives; and (iii) under section 3 of Government Decision No. 1223 of 2004, a 24-hour shift of medical personnel is permitted. Noting that these provisions may lead to excessively long working hours, the Committee requested the Government to take all necessary action to ensure that national legislation on the principle of a 40-hour week is fully aligned with the requirements of the Convention. The Committee notes that section 3 of Government Decision No. 1223 of 2004 is repealed by Government Decision No. 294 of 2014.

On the issue of averaging, the Committee notes that no further information is provided in the Government’s report regarding section 99 of the Labour Code. Recalling that calculating hours of work as an average over a reference period of up to one year allows for too many exceptions to normal hours of work and can result in highly variable working hours over long periods, long working days and the absence of compensation (2018 General Survey on working time instruments, paragraph 68), the Committee requests the Government to review section 99 in this regard and to provide information on any progress made in this respect.

On the issue of overtime, the Committee notes that the Government does not provide information on section 104(5) either. It also notes that while clear daily limits (12 hours) for overtime are set by section 105(3) of the Labour Code, no weekly limit seems to be established by the national legislation. Recalling that these provisions authorize practices that would possibly lead to unreasonably long hours of work, in direct contradiction to the principle of progressive reduction of hours of work, the Committee requests the Government to take the measures necessary to ensure that the principle of a 40-hour week provided for by the Convention is fully applied both in law and in practice.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the National Confederation of Trade Unions of Moldova (CNSM), received on 20 August 2021.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control by a central authority. Occupational safety and health (OSH). The Committee previously noted that Law No. 131 of 2012 on State Control of Entrepreneurial Activities withdrew supervisory duties in the area of OSH from the State Labour Inspectorate (SLI) and transferred it to ten other sectoral agencies. The observations of the CNSM indicated that the dispersion of inspection duties diminished the efficiency of state control, especially in the field of OSH. The Committee notes the Government’s indication in its report that the normative framework for regulating the activity of the SLI was consolidated by Law No. 191 of 2020, which amended a number of labour legislations, including the Law on the SLI, the Law on State Control of Entrepreneurial Activities, the Labour Code and the Law on OSH. The Committee notes with satisfaction that, consequently, on 1 January 2021, the supervision in the field of OSH, including the investigation of occupational accidents, was transferred back from the ten sectoral agencies to the SLI.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 23 and 24 of Convention No. 129. Cooperation with the justice system and adequate penalties for violations of the legal provisions enforceable by labour inspectors. The Committee previously noted the Government’s information concerning the number of infringement reports submitted to the Court from 2016 to 2018. The Committee also noted the observations of the CNSM that, despite the fact that the Government report contained information on the number of infringements reported, there was no information on their outcome following their referral to the Court. The Committee notes the statistical information included in the annual reports and monthly reports of the SLI published on its website, according to which 229 and 151 minutes of contravention were submitted to the Court in 2019 and in 2020, respectively. From January to August 2021, 88 minutes of contravention were submitted to the Court and the Court issued 23 decisions sanctioning the employers with a fine and 7 decisions terminating the case. The other 58 cases are still under examination. The Committee also notes the reference to the 2020 annual report in the CNSM’s observation, indicating that, in the field of OSH, 151 reports of infringements were filed, imposing fines of 1,706,700 Moldovan lei (approximately US$98,724). The CNSM states that, however, there is no information on the actual amount of fines collected following the detection of infringements. The Committee requests the Government to continue to provide information on the number of infringement reports submitted to the Court and their specific outcome, indicating any fine or other penalty applied and the amounts collected. The Committee requests the Government to indicate the statistics for infringements and penalties in the field of labour relations and OSH.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration of the labour inspection services with employers and workers or their representatives. The Committee previously noted the observations of the CNSM in which the union raised, in the context of the National Commission for Collective Consultations and Negotiations, the issue of monitoring in the field of OSH, and the need to eliminate the contradictions between national legislation and the provisions of Conventions Nos 81 and 129. The Committee notes the indication in the CNSM’s observations that the proposals made by the CNSM in the process of adoption of Law No. 191 of 2020, regarding non-compliance with the provisions of the Convention, were not taken into account. The Committee once again requests the Government to provide information on the measures taken to promote effective dialogue with employers’ and workers’ organizations concerning labour inspection matters. It also requests the Government to provide information on the consultations undertaken in this respect in the National Commission for Collective Consultations and Negotiations, as well as the measures taken following such consultations.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Human resources and material means for labour inspection. The Committee previously noted a significant decrease in both the budget allocated for the SLI and the number of inspectors from 2017 to 2018. The Committee notes that, according to the annual inspection reports, in 2019, there were 61 employees at the SLI, including 19 at the central apparatus and 42 in territorial offices, with 37 OSH inspectors within the ten sectoral agencies. The number of inspectors remained substantially unchanged in 2020. As of March 2021, after the transfer of the OSH competences to the SLI, there were 109 employees working for the SLI, with 28 in the central apparatus and 81 in territorial offices. The Committee also notes that in the 2020 annual labour inspection report, the Government observes a shortage of staff with professional skills in the field. Noting the transfer of supervisory competence on OSH to the SLI in 2021, the Committee requests the Government to indicate whether the labour inspectors previously working for the sectoral agencies have now been transferred to the SLI. It also requests the Government to provide information on the number of inspectors under the SLI performing OSH inspections, and those performing inspections in the field of labour relations. Noting the absence of information on the budget allocated to the SLI, the Committee also requests the Government to provide detailed information in this regard.

Article 12 of Convention No. 81 and Article 16 of Convention No. 129. Unannounced inspection visits. The Committee previously noted that section 19 of the Law on State Control of Entrepreneurial Activities provides for restrictive conditions for unscheduled inspections. The CNSM reiterates in its observations that this provision has in fact made unannounced inspections impossible in practice. It also indicates that there is no information on the results of the unscheduled inspections in the annual inspection reports. The Committee notes with regret that section 19 of the Law on State Control of Entrepreneurial Activities has not been revised in the context of the 2020 amendments to labour legislations. It also notes the statistical information in this regard in the annual and monthly inspection reports, according to which, in 2019, the SLI carried out 1,963 inspection controls, of which 1,399 were planned and 564 were unscheduled. There were also 1,116 controls carried out in OSH by sectoral agencies, of which 1,005 were planned inspections and 111 unplanned visits. In 2020, the SLI carried out 1,701 inspection controls, of which 1,172 were planned and 529 unscheduled. There were also 815 OSH inspections performed by sectoral agencies, with 728 planned and 87 unscheduled. From January to August 2021, the SLI carried out 1,610 controls in both labour relations and OSH areas, with 1,245 planned and 365 unscheduled. The Committee also notes, however, that the labour inspection reports do not include broken down information on the statistics of violations detected and sanctions imposed for planned and unplanned visits, respectively. Noting a downward trend of unscheduled inspections, the Committee once again requests the Government to take the necessary measures to ensure that labour inspectors are empowered in line with Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129, to make visits without previous notice. It requests the Government to continue providing information on the number of announced and unannounced inspections carried out by the SLI, and to indicate in detail the number of violations detected and the specific sanctions imposed through both announced and unannounced inspections.

Articles 15(c) and 16 of Convention No. 81 and Articles 20(c) and 21 of Convention No. 129. Confidentiality concerning the fact that an inspection visit was made in consequence of the receipt of a complaint. In its previous comment, the Committee requested the Government to indicate the measures taken in order to ensure confidentiality of the fact of the complaints and the identity of the complainants, in cases of unannounced inspections resulting from a complaint, in accordance with section 19 of the Law on State Control of Entrepreneurial Activities. The Committee notes the Government’s indication that section 9 of Law No. 140/2001 on the State Labour Inspectorate obliges labour inspectors to maintain the confidentiality of the source of any complaint alleging breach of the provisions of legislation and other regulations in the field of work and OSH. In addition, labour inspectors have the duty not to disclose to the employer that controls have been carried out following a complaint. The Committee also notes that, according to the Government, a motivation note shall be prepared in case of inspections without prior notice. The Government indicates that this motivation note shall include information on the need for intervention, by setting out in detail the circumstances and information underlying the conclusions and actions of the control body, possible violations suspected on the basis of information and evidence held until the initiation of control measures, and a reasonable assessment of danger and possible consequences in case of non-intervention of the control body. The Committee also notes that, according to the Government’s indication, the entity to be inspected is informed about the motivation note. The Committee requests the Government to indicate the measures adopted in order to ensure that no intimation is given to the employer or their representative, in the motivation note or otherwise, that a visit of inspection was made in consequence of the receipt of a complaint, in accordance with Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129. In addition, noting the absence of information on this matter, the Committee requests the Government once again to provide information on the number of unannounced inspections that resulted from a complaint, the number that resulted from an accident, and the number that were not the result of a complaint or an accident.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Undertaking of inspections as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee previously noted that a number of provisions of the Law on State Control of Entrepreneurial Activities limits the circumstances in which an inspection can be undertaken. This refers in particular to the conditions set out in section 3 (inspection can be carried out only if other means are exhausted), section 4 (inspectors shall request to check documentation first before inspection visits), section 14 (control bodies are not entitled to perform a control of the same entity more than once in a calendar year, with the exception of unannounced inspections) and section 19 (conditions for unscheduled inspections).

The Committee notes with regret that the abovementioned provisions have not been revised in the context of the amendments to labour legislations in 2020, in order to make them less restrictive. Moreover, the Committee notes with deep concern that, according to the 2019 and 2020 annual inspection reports, the number of inspections carried out by the SLI has been decreasing, with 1,963 in 2019 and 1,701 in 2020. Similarly, the number of workers covered by inspection controls has also decreased, with 103,794 in 2019 and 81,897 in 2020. Moreover, a large number of inspection controls were merely requests for documentation (1,112 in 2019 and 1,044 in 2020), with only 851 on-site inspection visits performed in 2019 and 657 in 2020. The Committee once again urges the Government to take the necessary measures to ensure that the national legislation is amended in the near future to allow for the undertaking of labour inspections as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in conformity with Article 16 of Convention No. 81 and Article 21 of Convention No. 129. The Committee also requests the Government to provide further information on the impact of the transfer of the competences on OSH to the SLI, including information on the number, type and results of inspection controls carried out, in the fields of both labour relations and OSH.

Article 17 of Convention No. 81 and Article 22 of Convention No. 129. Prompt legal or administrative proceedings. The Committee previously noted that section 4(10) of the Law on State Control of Entrepreneurial Activities provides that inspections during the first three years of a business operation shall be of a consultative nature. Section 5(4) provides that, in such cases, in the event of minor violations, the sanctions provided for in the Administrative Offences Law or other laws may not be applied, and section 5(5) provides that “restrictive measures” may not be applied in the event of severe violations.

Noting that these provisions are still in force, the Committee notes with deep concern the absence of a reply to its three previous requests on this matter. The Committee is bound to recall once again that Article 17 of Convention No. 81 and Article 22 of Convention No. 129 provide that, with certain exceptions (which are not directed at new operations), persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, and that it must be left to the discretion of labour inspectors to give a warning or advice instead of instituting or recommending proceedings. The Committee once again urges the Government to take prompt measures to ensure that labour inspectors are able to initiate or recommend immediate legal proceedings for both severe and minor violations during the first three years of a business’s operation, and to provide information on steps taken in this regard. It urges the Government to provide information on the meaning of “restrictive measures” that are prohibited from being imposed under the Law on State Control of Entrepreneurial Activities, on the number and nature of severe and minor violations detected by inspectors in the course of inspections in enterprises in the first three years of operation, on the sanctions proposed by inspectors for severe violations, and on the penalties ultimately applied.

Issues specifically concerning labour inspection in agriculture

Articles 9(3) and 21 of Convention No. 129. Sufficient number of inspections in agriculture and adequate training for labour inspectors in agriculture. The Committee previously noted that no OSH inspections were carried out in agriculture in 2018 by the National Agency for Food Safety (ANSA), which was the competent authority in this regard. It also noted that there was a decrease in the number of inspections by the SLI on non-OSH issues in agriculture from 2017 (458) to 2018 (363). The Committee notes that, according to the 2019 and 2020 annual inspection reports, the number of inspections on labour relations issues in agriculture continued to decrease, with 300 in 2019 and 245 controls in 2020. Regarding compliance with OSH provisions, the ANSA carried out 315 inspections in 2019 and 215 in 2020. The Committee urges the Government to take the necessary measures to ensure that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, and to provide information on the number of inspections undertaken in agriculture by the SLI. The Committee once again requests the Government to provide information on the training provided to labour inspectors that relates specifically to their duties in the agricultural sector, particularly in the context of the transfer of competence from the ANSA to the SLI in 2021, including the number and duration of training programmes organized, the subjects covered in those programmes and the number of inspectors who participated in those programmes.

The Committee notes the observations of the National Trade Union Confederation of Moldova (CNSM), received on 21 December 2017, referring to the issues dealt with by the Committee below.

Article 3 of the Convention. Right of workers’ organizations to organize their activities. The Committee had previously requested the Government to provide information on any progress made towards adopting legislative provisions expressly providing for the participation of the relevant trade unions and employers’ organizations in determining the minimum services to be ensured in the event of a strike, as well as towards amending the list of services where strikes are prohibited pursuant to section 369 of the Labour Code contained in Decision No. 656 of 11 June 2004. The Committee recalled in this respect that among services where strikes are prohibited, services such as air freight and communication system enterprises were neither essential services in the strict sense of the term nor did they involve public servants exercising authority in the name of the State, where the right to strike could be prohibited. The Committee regrets that the Government does not address these issues in its report. The Committee notes from the CNSM observations that on 7 November 2017, the Constitutional Court delivered a judgment on the constitutionality of section 369 paragraphs (2), (3) and (4) of the Labour Code, section 21 paragraphs (2) and (3) of the Code on Railway Transportation and Government Decision no. 656 of 11 June 2004 on the approval of the Nomenclature of Units, Sectors and Services whose employees cannot take part in strike. The CNMS indicates that the Court considered that within public authorities, the right to strike can be restricted only for some categories of workers, namely the persons exercising authority in the name of the State and those whose functional competencies are to ensure public order, law and state security; thus the rights to strike of other categories of public employees should not be limited. . The Committee understands that in order to implement the 2017 judgment of the Constitutional Court, the Government adopted Decision No. 389 on 25 April 2018, which amended Decision No. 656. The Committee requests the Government to transmit a copy of Decision 389. It further once again requests the Government to indicate all measures taken in consultation with the social partners to adopt legislative provisions expressly providing for the participation of the relevant trade unions and employers’ organizations in determining the minimum services to be ensured in the event of a strike.

Articles 1, 3 and 6 of the Convention. Contribution of the employment service to employment promotion. Activities of the employment service. The Committee previously requested information on the impact of the measures taken by the National Employment Agency (NEA) to promote employment within the framework of its active employment policy, as well as disaggregated data on the users of NEA services, including the number of those who obtain employment through NEA services. The Government reports that, pursuant to Government Decision No. 990 of 10 October 2018, the NEA consists of a central office and 35 territorial employment subdivisions (TES), which operate according to regulations approved by the director of the NEA. The Committee also notes the information provided by the Government on the functions of the NEA and the TES, established by the Act on the Promotion of Employment and Unemployment Insurance (Act No. 105/2018). In addition, the Committee notes the detailed information provided by the Government under the Employment Policy Convention, 1964 (No. 122) regarding the various activities undertaken by the NEA in 2018 and 2019. The Committee requests the Government to continue to provide detailed updated information, including statistical data disaggregated by age, sex and region, on the impact of the NEA’s activities, particularly on the number of workers placed in employment. The Committee also requests the Government to provide updated information on the nature and impact of measures taken by the NEA to facilitate temporary transfers of workers from one area to another as a means of meeting temporary local needs in the supply of or the demand for workers (Article 6(b)(iii) of the Convention).

Article 7. Specialized services for youth and persons with disabilities. In its previous comments, the Committee requested the Government to provide information on the impact of activities implemented by the NEA to promote lasting employment opportunities for young persons and to assist persons with disabilities to find suitable employment on the open labour market. The Committee notes the information provided by the Government in this respect in its report on the application of the Employment Policy Convention, 1964 (No. 122), which includes information on the activities of the NEA conducted in 2018 to promote the employment of persons with disabilities and young persons. The Committee invites the Government to continue to provide information on the manner in which the NEA designs and delivers its services to meet adequately the needs of young jobseekers, persons with disabilities and other specific groups of jobseekers.

Article 11 of the Convention. Wages as privileged debts in bankruptcy proceedings. In its previous comments, the Committee noted the Government’s indication that draft amendments to the Insolvency Act had been prepared providing that employees’ wage claims would be given a secured priority status among privileged debts. It also noted that, according to the National Confederation of Trade Unions of Moldova (CNSM)’s observations, in the event of insolvency, payment of secured debts such as loans have priority over wage claims and that, consequently, the wages of hundreds or even thousands of employees remain unpaid for years. The Committee notes that the Government’s report does not include any relevant information on the abovementioned legislative amendments or on the issues raised by the CNSM regarding the application of Article 11 of the Convention in practice. In this context, the Committee requests once again the Government to provide its comments on the observations of the CNSM and to provide information on any measures taken or envisaged in law and practice to ensure that wage claims are privileged debts in insolvency proceedings. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Article 12(1). Regular payment of wages. The Committee previously noted that the CNSM referred to statistical data showing important amounts of wage arrears for the period January–March 2017, with the largest debts registered in the railway transport, agriculture, trade, and construction sectors, mostly in enterprises with majority state capital. The Committee notes that the Government does not provide any relevant information in this regard. It also notes that, according to the statistics contained in the inspection reports: (i) in 2019, 56 inspection controls confirmed wage arrears of about 15 million Moldovan lei (MDL), concerning 1,106 workers; (ii) in 2020, 114 inspection controls confirmed wage arrears of about MDL 35 million, concerning 1,622 workers; and (iii) from January to August 2021, 258 inspection controls confirmed wage arears of MDL 39.4 million, concerning 3,569 workers. In this context, the Committee requests the Government to take the necessary measures to ensure the regular payment of wages, as required by this Article of the Convention. It also requests the Government to provide information on any progress made in this respect, as well as relevant statistics on this issue, including the violations detected, remedies applied, and sanctions imposed.

The Committee notes the observations of the National Trade Union Confederation of Moldova (CNSM) received on 21 December 2017 referring to the issues dealt with by the Committee below.

Articles 1 and 2 of the Convention. Sanctions against acts of anti-union discrimination and interference. For a number of years, the Committee had been requesting the Government to take measures aimed at strengthening the existing sanctions so as to ensure effective protection against acts of anti-union discrimination and interference. In its previous comment, the Committee noted the Government’s indication that the Contravention Code was amended in 2016 so as to increase the value of the conventional unit used to calculate the amount of fines from 20 to 50 Moldovan Leu (MDL) (section 34(1) of the Code). The Committee further noted that: section 54(2) of the Code, dealing with various forms of discrimination in employment and occupation, provides for fines ranging from 60 to 240 conventional units (US$170–685); section 55(1) dealing with violation of labour legislation, provided for fines ranging between 60 and 270 conventional units (up to US$770); and section 61 dealing with obstruction of workers’ right to establish and join trade unions, provided for fines ranging from 24 to 42 conventional units (up to US$120). While welcoming the increase of the value of the conventional unit, the Committee noted that the CNSM considered that the fines provided for obstruction of workers’ right to establish and join trade unions were not sufficiently deterrent. The Committee therefore requested the Government to review the above fines and other types of sanctions in consultation with the social partners, in order to ensure effective protection against acts of anti-union discrimination and interference. Regretting that the Government’s report does not address this issue, the Committee reiterates its previous request and asks the Government to indicate all progress made in this regard.

Article 4. Compulsory arbitration. The Committee had previously requested the Government to take the necessary measures to amend section 360(1) of the Labour Code so as to ensure that referral of a collective bargaining dispute to the courts is possible only upon request by both parties to the dispute, or in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term and acute national crisis. The Committee recalls in this respect that it had noted the Government’s indication that a tripartite working group was working on a draft law for amicable settlement of collective labour disputes, which would address this issue. While noting the CNSM indication that the tripartite working group has not yet achieved any results and that the draft has not been finalized, the Committee noted the Government’s indication that the process of adoption of the draft law was stopped altogether with the adoption, in July 2015, of the Law on Mediation. The Committee noted, however, that the Law on Mediation did not deal with the issue at hand. In the absence of any new information, the Committee reiterates its previous request to amend section 360(1) of the Labour Code, in consultation with the social partners, so as to bring it into conformity with the Convention and promote free and voluntary collective bargaining. The Committee requests the Government to provide information on the progress made in this regard.

Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements signed and in force in the country and to indicate the sectors and levels concerned, as well as the number of workers covered.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 119 (guarding of machinery), 155 (OSH), 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

2. Promotional Framework for Occupational Safety and Health Convention (No. 187)

I. Action taken at the national level

Article 2(3) of Convention No. 187. Consultation with the social partners to ratify relevant OSH Conventions. The Committee previously noted the Government’s statement that the Occupational Health Services Convention, 1985 (No. 161), was being targeted by the Ministry of Health for the preparation of ratification. The Committee notes that the Government report contains no information on this matter. The Committee therefore once again requests the Government to provide information on the consideration given, in consultation with the social partners, to the ratification of additional ILO conventions on OSH, including Convention No. 161.

B. National policy

Articles 4 and 7 of Convention No. 155, and Article 3(1) of Convention No. 187. Periodic review of the national policy and situation regarding occupational safety and health. The Committee notes that, in response to its previous comments, the Government once again refers to section 222 of the Labour Code and sections 4 and 5 of the Law on OSH, which provide for the areas to be covered by the state OSH policy, and the consultation that shall take place for its development and review. However, the Committee notes that a national OSH policy has not yet been adopted. The Committee requests the Government to provide information on the steps taken for the formulation and implementation of a coherent national policy on occupational safety and health, and to provide information on the measures adopted to periodically review this policy, in consultation with the most representative organizations of employers and workers.

C. National system

Article 4(1) of Convention No. 187. Progressive development and periodic review in consultation with the most representative organizations of employers and workers. System of inspection. The Committee notes that, according to the Government’s report submitted for the Labour Inspection Convention, 1947 (No. 81), following the adoption of Law No. 191 of 2020 which amends a number of labour laws, supervision in the field of OSH, including the investigation of occupational accidents, was transferred from ten sectoral agencies to the State Labour Inspectorate (SLI) on 1 January 2021. With reference to its comment under Convention No. 81, the Committee requests the Government to continue providing information on the measures taken or envisaged to progressively develop a national OSH system in consultation with the social partners for the continuous improvement of OSH in the country.

Article 4(3)(d) of Convention No. 187. Occupational health services. The Committee previously requested the Government to provide information on how occupational health services are provided in undertakings with fewer than 50 workers. The Committee notes the Government’s reference to Chapters II, IV and V of the Regulation on the organization of activities for the protection of workers at work and occupational risk prevention, approved by Government Decision No. 95/2009, which regulates the organization and development of internal and external protection and prevention services. It also notes that, in accordance with section 11(4) of the Law on OSH, if the resources are not sufficient for the organization of protection activities, the employer is obliged to resort to external protection and prevention services accredited in the manner provided by law. Moreover, pursuant to section 7(12) of the Regulations on the organization and operation of the Ministry of Labour and Social Protection, approved by Government Decision No. 149/2021, the Ministry is responsible for ensuring, through the subordinated institutions, the provision of services in the fields of its competence. The Committee requests the Government to provide practical information on the provision of occupational health services in undertakings with fewer than 50 workers, particularly where provided by external services, including the number or proportion of such undertakings using internal and external protection and prevention services. The Committee also requests the Government to provide information on the accreditation of external occupational health services, as foreseen in section 11(4) of the Law on OSH, as well as on the subordinated institution of the Ministry of Labour and Social Protection that is responsible for occupational health services.

Article 4(3)(e) of Convention No. 187. Research on occupational safety and health. The Committee notes the Government’s reference to the checklist in the field of OSH used by the SLI when carrying out supervisory activities which, however, does not refer to research on occupational safety and health. The Committee once again requests the Government to provide information on the measures taken to carry out research on occupational safety and health.

Article 11(c) of Convention No. 155 and Article 4(3)(f) of Convention No.187. Procedures for the notification of accidents and diseases and the collection and analysis of data. In its previous comment, the Committee requested the Government to provide information on the mechanisms for the collection and analysis of data on cases of occupational disease. The Committee notes that Government Decision No. 1282 of 2016 on the Approval of the Sanitary Regulation Regarding the Research and Establishment of the Diagnosis of Occupational Disease (intoxication) provides that the investigation of suspected cases of occupational diseases (including poisoning), their registration and reporting, as well as the recommendation of measures to improve working conditions, are the responsibility of the specialists of the public health centres of the National Agency for Public Health. This Agency is a subordinate institute of the Ministry of Health. The Committee also notes that the labour inspection report 2020 does not provide statistics on occupational diseases. According to this report, the delayed or missing communication to the SLI by the employer of the occurrence of the accident itself is an obstacle to the investigation of the circumstances and causes of occupational accidents. The Committee requests the Government to provide further information on the activities of the National Agency for Public Health with regard to the collection and analysis of data on cases of occupational disease, including relevant statistics. It also requests the Government to indicate the measures adopted to ensure coordination and exchange of information between the National Agency for Public Health and the SLI. Furthermore, the Committee requests the Government to provide information on the measures taken to reinforce the application of procedures for the notification of occupational accidents and diseases by employers.

Article 4(3)(h) of Convention No. 187. Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate whether support mechanisms for the progressive improvement of OSH conditions in micro-enterprises, SMEs and the informal economy have been set up and implemented, and if so, to provide information on the measures taken.

D. National programme

Article 5 of Convention No. 187. Formulation, implementation, monitoring, evaluation and periodic review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. In its previous comment, the Committee urged the Government to pursue its efforts to formulate, adopt and implement a national OSH programme, in consultation with the most representative organizations of employers and workers. The Committee notes that one of the outcomes of Decent Work Country Programme (DWCP) 2016–2020 aimed at improving the capacity of tripartite constituents to effectively implement a gender-sensitive national OSH programme. Noting the absence of information on the progress made in this regard, the Committee once again urges the Government to pursue its efforts to formulate, adopt and implement a national OSH programme, in consultation with the most representative organizations of employers and workers, as required by Article 5(1) of the Convention.

II. Action at the level of the enterprise

Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Arrangements to promote, at the level of the enterprise, cooperation between management, workers and their representatives. Micro-enterprises and SMEs. The Committee notes the Government’s reference to section 14(1)(a) of the Law on OSH regarding the employers’ responsibility in providing information and taking protective and preventive measures at the level of the enterprise. It notes, however, that the Government does not provide any specific information concerning micro-enterprises and SMEs. The Committee once again requests the Government to provide specific information on any measures taken or envisaged to further promote OSH with respect to micro enterprises and SMEs.

Application of Conventions Nos 155 and 187 in practice. The Committee previously requested the Government to provide statistical information on the number and nature of contraventions reported and the number, nature and causes of occupational accidents. It also requested the Government to indicate the measures adopted in order to ensure continuous improvement of occupational safety and health in the country. The Committee notes that the statistics contained in the labour inspection report for 2020 include information on the number of controls carried out by OSH inspectors and the number of violations recorded. The labour inspection report also includes breakdowns on sector-based occupational accidents and fatalities as well as information on the causes of accidents. The Committee requests the Government to continue to provide statistical information on the number and nature of the contraventions reported and the number, nature and causes of occupational accidents.

E. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Article 1(3) of the Convention. Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. The Committee previously noted that paragraph 2(e), Chapter I, of the Government Decision No. 130 of 2014 on the approval of Technical Regulations on Industrial Machines, excludes from the scope of its application: tractors and trailers intended for use in agriculture, except machinery mounted thereon; vehicles and their trailers, designed and constructed for use on the road; and means of transport by railroad tracks, except machinery installed thereon.

The Committee notes the Government’s indication that the relevant requirements are contained in OSH-related documents relevant for the activity of the Moldavian Railway Company and other road transport companies. The Government also refers to the provisions of Government Decision No. 603/2011 on minimum safety and health requirements for the use of work equipment by workers at work, which provides requirements applicable to mobile work equipment, self-propelled or not. The Committee requests the Government to provide further details on the provisions of the OSH-related documents that regulate the activity of the Moldavian Railway Company and other road transport companies giving effect to the provisions of the Convention. With regard to the exclusion of means of transport intended for use in the agriculture and forestry sector, the Committee refers to its comment below on Convention No. 184.

Articles 2 and 4. Prohibition of the sale and hire, transfer or exhibition of machinery without appropriate guards. The Committee previously noted that the obligation contained in paragraph 6 of the Technical Regulations on Industrial Machines refers to manufacturers or their authorized agent. The Committee requested the Government to indicate the measures adopted to give effect to Article 4 of the Convention, which provides that the obligation to ensure compliance with the requirements of Article 2 of the Convention shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, on the exhibitor and, where appropriate under national laws or regulations, on their respective agents. Noting the absence of information on the matter, the Committee once again requests the Government to indicate the measures taken to give effect to Article 4 of the Convention.

Articles 6 and 11(1). Prohibition of the use of machinery without appropriate guards. Prohibition of a worker from using, or being required to use machinery without the guards provided being in position. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the measures that have been taken or are envisaged to: (i) prohibit the use of machinery, any dangerous part of which, including the point of operation, is without appropriate guard; and (ii) prohibit a worker from using or being required to use machinery without the guards provided being in position.

Article 13. Application to self-employed workers of the obligations of employers and workers contained in Part III of the Convention. Noting the absence of information in this regard, the Committee requests the Government to provide information regarding the application of Article 13 of the Convention.

Application in practice. The Committee notes that, according to the labour inspection report of 2020, the number of accidents, including fatal accidents, in the manufacturing industry is the highest after the public sector, including defence. The labour inspection report also indicates that accidents caused by catching, hitting or crushing of machineries and other equipment is the most common cause of occupational injuries. The Committee requests the Government to continue providing information on the application of the Convention in practice including statistics disaggregated by gender if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported, and information on any practical difficulties in the application of the Convention.

F. Protection in specific branches of activity

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4 of the Convention. National policy on safety and health in agriculture. Consultations with the representative organizations of employers and workers. The Committee previously requested the Government to provide information on the agricultural component of the draft National OSH Strategy and on the consultations held with employers’ and workers’ organizations for the elaboration of the strategy. Noting the absence of information in the Government’s report, the Committee requests the Government to provide information on any development regarding the elaboration of a national OSH strategy, indicating any provisions which specifically concern safety and health in agriculture, and on the manner in which the employers’ and workers’ organizations concerned have been consulted in the elaboration of this strategy.

Article 9. Technical standards. Machinery safety and ergonomics. Manufacturers, importers and suppliers. The Committee previously noted that the Technical Regulations on Industrial Machines do not apply to means of transport intended for use in the agriculture and forestry sector (tractors, trailers, towed machines, etc.). Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide further information on the manner in which it is giving effect to Article 9 with regard to means of transport in the agricultural sector.

Article 11(1). Establishing safety and health requirements for the handling and transport of materials. Following its previous comments, the Committee notes with interest the Government’s indication in its report that the minimum requirements for safety and health at work for manual handling of loads presenting risks to workers was approved by Government Decision No. 584 of 2016. In accordance with section 5, when the manual handling of loads cannot be avoided, the employer must organize the work in such a way that the handling is as safe as possible for the health of workers. The employer is also obliged to evaluate in advance the OSH conditions in which the work is performed, taking into account the elements specified in Annex I, including characteristics of loads (maximum weight for different workers and situations), physical efforts required, characteristics of the working environment, activity requirements and individual risk factors. The Committee takes note of this information, which addresses its previous requests.

Article 12. Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. Disposal of chemical waste. Following its previous comments, the Committee notes that the several provisions of the Law on Chemicals, adopted in 2018, give effect to Article 12 of the Convention. Chapter III provides for the responsibilities and obligations of operators in the supply chain (manufacturers, importers and any other operators), including in particular section 13 (hazardous and risk information on chemical substances and mixtures), section 14 (packaging of chemical substances and chemical mixtures) and section 15 (presentation of information regarding chemicals). Section 31(2) provides that the collection, disposal and packaging of hazardous chemicals shall be carried out in accordance with the Law on waste (adopted in 2016). The Committee also notes that, according to section 46(2) of the Law on Chemicals, the Government shall ensure the gradual establishment of the classification and labeling system and inventory within three years of the entry into force of this Law. The Committee requests the Government to provide information on any development regarding the establishment of a classification and labelling system and inventory, as required by section 46(2) of the Law on Chemicals.

Article 13. Preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking. The Committee notes that the Government’s report does not contain any information on the law and practice on preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking. The Committee requests the Government to provide information on the law and practice followed in application of Article 13.

Article 14. Animal handling and protection against biological risks. The Committee previously requested the Government to provide information on progress made in adopting national provisions giving effect to Article 14 of the Convention. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on progress made in adopting national provisions giving effect to Article 14 of the Convention and to supply a copy of these provisions once adopted.

Article 19(b). Minimum accommodation standards for agricultural workers. The Committee once again notes the absence of information on this point. It therefore requests the Government to indicate the legislation or other provisions prescribing minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking, and to supply information on consultations held with representative organizations of employers and workers concerned in this regard.

Application in practice. The Committee refers to its comment on the application in practice of the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

The Committee notes the report of the Government received in 2019, as well as additional information received in 2020.

COVID-19 pandemic. Socio-economic impact. Response and recovery measures. The Committee notes the measures taken by the Government to mitigate the effects of the pandemic, including granting a 100 per cent reimbursement of payroll taxes to businesses required to close down due to force majeure measures and a 60 per cent reimbursement for other non-operational businesses, the introduction of expanded unemployment benefits for both insured and uninsured persons and the payment in full of workers’ salaries in non-operational public units. The Committee invites the Government to provide updated information in its next report on the impact of response and recovery measures taken with a view to implementing the objectives of the Convention.

Articles 1 through 3 of the Convention. Implementation of an active employment policy. Consultation of the social partners. In its previous comments, the Committee requested the Government to provide information on the active employment measures adopted and implemented, and their impact in terms of full, productive and sustainable employment. In its response, the Government reports on the measures taken in 2018–19 by the National Employment Agency (NEA) and its territorial employment subdivisions (TES), including vocational training, job fairs, and career guidance services. The Committee welcomes the adoption of the National Employment Strategy (NES) 2017–21 and its National Action Plan 2018 (NAP 2018). The main objectives of the NEA Action Plan 2018 include raising awareness concerning the services and employment measures provided by the NEA, improving the quality and accessibility of these services, increasing the number of jobseekers placed in employment by the NEA, improving collaboration with employers, and carrying out a planned reform of the employment system. In the context of this reform, the NEA now implements a new portfolio of active labour market measures provided for under the Promotion of Employment and Unemployment Insurance Act (No. 105/2018). The Committee also notes the information provided by the Government in its report on the application of the Employment Service Convention, 1948 (No. 88), in which it indicates that the Tripartite Council of the NEA, which has an advisory role, ensures social dialogue at the national level in implementing the national employment policy, while tripartite councils advise the TES throughout the country. The Government refers to 80 meetings of the TES advisory councils held to examine local labour market issues, as well as to new partnerships created between the NEA and various stakeholders in 2018. In addition, in response to its previous comments requesting statistical information on employment trends, the Committee notes with interest the detailed statistics provided by the Government on employment, unemployment and underemployment trends during 2017–19. The Committee notes that the overall unemployment rate in the country fell from 4 per cent in 2017 to 3 per cent in 2018, before increasing to 5.1 per cent in 2019. It further notes that the overall employment rate stood at 40.1 per cent in 2019, with a markedly higher employment rate for men than for women (44.2 per cent compared to 36.5, respectively). In 2020, according to the Moldovan Statistical database, the overall employment rate fell to 38.8 per cent (43.1 per cent for men and 35 per cent for women). The overall unemployment rate in 2020 fell to 3.8 per cent, with a slightly higher unemployment rate for men than for women (4.3 per cent and 3.2 per cent, respectively). The Committee requests the Government to provide detailed updated information on the results achieved through the implementation of the NES 2017–21, including through the active labour market measures undertaken pursuant to Act No. 105/2018. The Committee also invites the Government to include information on the challenges encountered and the lessons learned, as well as to continue to provide statistical information on employment, unemployment and underemployment trends, disaggregated by age, sex and region. The Committee further requests the Government to provide information on the development, implementation, monitoring and review of the new national employment policy after the expiry of the NES 2017–21, and on the manner in which consultation with the social partners and their participation in this process is ensured.

Young persons, women and migrants. The Committee notes the information provided by the Government on the impact of labour market measures aimed at meeting the employment needs of young persons, women and persons with a migration background. The Government reports on measures taken by the NEA and the TES to promote the employment of young persons in 2018, including the organisation of job fairs and campaigns to raise awareness of TES services available to young jobseekers. It adds that the unemployment rate for young persons between the ages of 15-24 is double that of the overall unemployment rate at country level (10.4 per cent compared to 5.1 per cent). The Government also reports that, in 2019, the share of youth not in employment, education or training (NEET) in 2019 constituted 19.5 per cent of the total population of young people aged 15-24, 27.4 per cent of those aged 15–29, and 30.8 per cent of those aged 15-34, with a substantially higher proportion of women than men in this category (40.3 per cent compared to men at 21.2 per cent). With respect to the employment of women, the Committee notes that, in its 2017 comments, the UN Committee on Economic, Social and Cultural Rights expressed concern at the persistent gender role stereotypes and care responsibilities assigned predominantly to women in the Republic of Moldova, which prevent them from pursuing their professional careers, as well as the very low representation of women in decision-making positions in the public and private sectors (document E/C.12/MDA/CO/3, 19 October 2017, paragraph 24). In this context, the Committee observes that, according to 2020 data from the ILOSTAT database, the labour force participation rate continues to be lower for women than for men (36.1 per cent and 45.1 per cent, respectively). With regard to equality of opportunity and treatment between men and women the Committee also refers to its 2020 comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning occupational segregation, in which the Committee observed that, in its reports to CEDAW, the Government indicated that masculinization and feminisation of professions remains a challenge in both the educational system and the labour market, with women being under-represented in areas as information technologies, construction, industry and agriculture (CEDAW/C/MDA/6, 24 January 2019, paragraph 183). The Government reported to the CEDAW Committee that it has taken measures to combat stereotyped visions of male and female occupations, including through the “GirlsGoIT” project, which aims to provide young girls, including from rural areas, better employment opportunities in the STEM sector (science, technology, engineering and mathematics) (CEDAW/C/MDA RQ/6, 10 December 2019, paragraphs 71, 100). In addition, the Committee notes the information provided by the Government concerning measures taken to support the social and economic reintegration of migrant workers from the Republic of Moldova returning from employment abroad. The Committee notes in this regard that one of the main objectives of the NEA’s Action Plan 2018 is to promote the labour market integration of migrant workers, including those returning from abroad. The Government indicates that, in 2018, 1,144 returning migrants were registered at the territorial employment agencies, of which 30 per cent were women. The Committee requests the Government to continue to provide information, including updated statistical information, disaggregated by age and sex, on the impact of labour market measures aimed at meeting the employment needs of young persons, women and workers with a migration background, including workers returning from abroad. In addition, the Committee requests the Government to provide information with respect to measures taken or envisaged to combat stereotypes leading to gender-based occupational segregation, such as the GirlsGoIT project, including detailed updated information concerning the impact of such measures.

Persons with disabilities. With respect to the impact of measures taken to promote the employment of persons with disabilities in the open labour market, the Committee notes the Government’s indication that, in 2018, 623 persons with disabilities were registered as unemployed with the NEA, out of which 275 were placed into employment. The Government also indicates that, in 2018, the TES concluded contracts for public works with some 1,900 unemployed people, of which three per cent were persons with disabilities. The Government provides information concerning other services provided by the NEA to persons with disabilities in 2018, including professional rehabilitation services for unemployed persons with locomotor disabilities and the launch of the CASPER platform, an electronic career guidance tool. The Committee notes, however, the concerns expressed by the Committee on the Rights of Persons with Disabilities in its concluding observations on the initial report of the Republic of Moldova regarding significant unemployment and economic inactivity rates among persons with disabilities, observing that national employment strategies and relevant agencies do not adequately facilitate and promote the employment of persons with disabilities or implement the minimum five per cent mandatory employment quota for persons with disabilities. In addition, it expressed concern that the employment of persons with disabilities is generally oriented towards segregated workplaces (CRPD/C/MDA/CO/1, 18 May 2017, paragraph 48). The Committee requests the Government to provide updated detailed information on the measures taken to promote the employment of persons with disabilities on the open labour market, including statistical data on the impact of such measures.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Article 4(1) of the Convention. Proportionate annual leave in case of insufficient length of service. The Committee previously noted that section 115 of the Labour Code does not provide for a proportionate holiday entitlement for a fraction of a working year, and requested the Government to indicate any measures to give effect to this provision of the Convention. The Committee notes that the Government report does not contain any relevant information in this regard. The Committee once again requests the Government to indicate any measures adopted or envisaged to give effect to this provision of the Convention.

Article 9(1). Postponement or accumulation of annual leave. In previous comments, the Committee noted that section 118(3) of the Labour Code allows annual leave to be transferred to the next working year, when the activity of the enterprise would so require, in which case the employee has the right to take the holidays of two consecutive years either combined or divided into parts. The Committee notes that this provision does not appear to be consistent with the Convention, which requires that an uninterrupted part of at least two weeks must be granted no later than one year after the end of the year in respect of which the holiday entitlement has arisen. The Committee notes that section 118(3) of the Labour Code has been revised by Law No. 157 of 2017, in order to provide that in case of postponement, at least 14 calendar days of paid annual leave shall be granted to the worker concerned, while the remaining part shall be granted before the end of the following year. The Committee takes note of this information, which addresses its previous request.

Articles 4 of the Convention. Organization and functioning of the labour administration system. The Committee notes that the Ministry of Labour and Social Protection is established by Government Decision No. 149 of 25 August 2021. The Committee also notes that the annexes to this Decision include: (1) Regulation on the organisation and operation of the Ministry; (2) the structure of its central apparatus; (3) the organizational chart of the Ministry; (4) the list of administrative authorities subordinated to it and (5) the list of public institutions founded by the Ministry. The Committee requests the Government to provide further information on arrangements made to ensure the effective operation and coordination of the system of labour administration in practice, both at national and local level, including monitoring implementation of OSH visits, ensuring that inspectors are adequately trained, and providing for suitably equipped inspections offices.

Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122) and on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 10. Human resources and material means of the labour administration. The Committee notes that, according to section 2 of Government Decision No. 149 of 25 August 2021, the headcount of the central apparatus of the Ministry of Labour and Social Protection is set at 67 units, with an annual budget of the personnel remuneration in accordance with the law. The Committee requests the Government to provide further information on the proportion of the national budget allocated to the Ministry of Labour and Social Protection, as well as information on the composition, status and conditions of service of the staff of the labour administration system, including comparisons with the status and conditions of service of staff performing similar monitoring and inspection duties such as tax inspectors and police.

Article 3 of the Convention. Health protection. In its previous comments, the Committee requested the Government to provide information on the occupations considered dangerous or posing a risk to the health of mothers and children. The Committee further requested the Government to indicate the measures taken to reduce occupational risks and guarantee a safe working environment for pregnant and breastfeeding workers and their children.

Notwithstanding the absence of a reply from the Government, the Committee observes that a number of legislative provisions have been adopted since it last examined the application of this Article of the Convention. The Committee notes, in particular, that section 248 of the Labour Code, as amended by the Act No. 155 of 20 July 2017, prohibits the performance of work that poses a risk to the safety and health of pregnant women, women who have recently given birth and breastfeeding women. Moreover, the Government’s Decision No. 1408 of 27 December 2016 on Minimum Occupational Safety and Health Requirements for the protection of pregnant women, women who have recently given birth and breastfeeding women, requires that employers carry out an assessment of workplace risks related to the safety and health of such women workers and inform them of the results of the assessment. In case of an identified workplace risk, an employer shall adapt the working conditions of a pregnant or breastfeeding woman or transfer her to another post (section 1 of the Decision of the Government No. 1408 of 27 December 2016). The Committee also notes that, pursuant to section 250(5) of the Labour Code, if a transfer to another post is not feasible, pregnant and breastfeeding women shall be released from their work duties with the preservation of the average wage for the period they are not able to work. The Committee takes due note of these legislative provisions.

Article 6(2) and (3). Maternity benefits paid out of social insurance. (i) Level of maternity allowances. In its previous comments, the Committee requested the Government to indicate how the amount of maternity allowances paid to women who did not qualify for maternity cash benefits related to the monthly subsistence minimum in the country.

In the absence of a reply from the Government, the Committee observes from the provisions of section 6(6) of the Act No. 289 of 22 July 2004 on Allowances for Temporary Incapacity for Work and Other Social Security Benefits, as amended in 2021, that all insured women qualify for maternity cash benefits since entitlement is not conditional upon the completion of a prescribed contribution period. The Committee further observes that, pursuant to section 7(7) of Act No. 289 of 22 July 2004, insured women who have contributed for less than 9 months in the last 24 months or who have a total contribution period of less than 3 years are entitled to maternity cash benefits at the rate of 35 per cent of the average monthly wage, as determined by the Government. In this connection, the Committee observes that, 35 per cent of the average monthly wage in 2021 (8,716 MDL as per the Government’s Decision No. 923 of 22 December 2020) amounted to 3050.6 MDL (approximately 152.53 EUR) which was substantially higher than the monthly subsistence minimum of 2,082.7 MDL (approximately 105,09 EUR) for one person in 2020 (according to the data of the National Bureau of Statistics of the Republic of Moldova). The Committee takes due note of this information.

(ii) Level of maternity cash benefits for women workers in the public sector. The Committee observes that, while the monthly minimum wage in the private sector was equal to 2,775 MDL (approximately 138,75 EUR) in 2020 (Government’s Decision No. 165 of 9 March 2010, as amended in 2019), the monthly minimum wage in the public sector was equal to 1,000 MDL (approximately 50 EUR) (Government’s Decision No. 550 of 9 July 2014), which constitutes less than half of the monthly subsistence minimum of 2,082.7 MDL (approximately 104,13 EUR) for one person. Taking into account that the maternity cash benefit to which insured women with a total contribution period of at least 3 years are entitled by law is equal to 100 per cent of the average insured income for the last 12 months (sections 7(1) and 16(5) of Act No. 289 of 22 July 2004), the Committee observes that the benefit paid to women working in the public sector who earn less than the subsistence minimum for a given year may not be sufficient to meet their basic needs and their children’s. In this connection, the Committee notes that, in 2019, the European Committee of Social Rights (ECSR) concluded that the Republic of Moldova was not in conformity with Article 8§1 of the European Social Charter, which requires the provision of adequate social security benefits during maternity leave, on the ground that the amount of maternity benefits is manifestly too low in the public sector.

The Committee recalls that Article 6(2) of the Convention requires that maternity cash benefits be at a level which ensures that all women protected can maintain themselves and their children in proper conditions of health and with a suitable standard of living. In view of the above, the Committee requests the Government to provide information on any additional maternity cash benefits provided to women workers in the public sector who earn less than the minimum subsistence level to ensure that they can maintain themselves and their children in proper conditions of health and with a suitable standard of living, as required by Article 6(2) of the Convention.

Article 9(2). Pregnancy test. In the absence of a reply from the Government, the Committee reiterates its request to the Government to indicate whether the introduction in the national legislation of a provision expressly prohibiting pregnancy tests or certificates of such a test when a woman is applying for employment is deemed necessary to ensure the application of Article 9(2) of the Convention. The Committee further requests the Government to provide information on any measure prohibiting employers, in practice, from requiring women to undertake or produce a certificate of such tests when applying for employment, including efforts to monitor or enforce such a measure and the results of such efforts.

Articles 1 and 2 of the Convention. Gender wage gap and occupational segregation. The Committee notes the detailed statistical information provided by the Government, in its report, in reply to the Committee’s request. The data shows that, while the average wage of women increased by 122.9 per cent from 2015 to 2017, women still earned 13.5 per cent less than men in 2017 (against 13.2 per cent less in 2015). According to the Government’s 2017 data, the gender pay gap is present in most sectors, including in the accommodation and catering sector (10.1 per cent) and in the health and social assistance sector (15.8 per cent). The Committee notes however that the gender pay gap has been reduced in wholesale and retail, maintenance and repair of motor vehicles and motorcycles, accommodation and catering, real estate transactions and education sectors. The Government explains that the gender pay gap is due to the fact that female-dominated jobs have a lower salary level, and that highly feminized sectors, such as hotels and restaurants (where 64.1 per cent of workers are women), education (where 75.5 per cent of workers are women) and health and social assistance (where 80.8 per cent of workers are women) are characterized by relatively low wages. The Committee recalls that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs, have contributed to occupational sex segregation within the labour market, with women concentrated in certain jobs and certain sectors of activity. These views and attitudes also tend to result in the undervaluation of “female jobs” in comparison with those of men who are performing different work and using different skills, when determining wage rates (see 2012 General Survey on the fundamental Conventions, paragraph 697). The Committee asks the government to continue taking measures to reduce the gender pay gap, in particular regarding the gender pay gap due to occupational segregation. The Committee also asks the Government to continue providing information on workers’ levels of remuneration across sectors and occupations.

Article 1(a). Definition of remuneration. Legislation. In its previous comments, the Committee noted the use of the terms “payment”, “wages” and “remuneration” in the Labour Code of 28 March 2003 and Law No.121 of 25 May 2012 on Ensuring Equality, and asked the Government to consider harmonizing the different terms at the earliest opportunity. The Committee notes that the Government: 1) refers again to the Labour Code and Law No.121 of 2012, and to the adoption of Law No. 270 of 23 November 2018 on the Unitary Pay System in the Budgetary Sector (or public sector), which provides in section 3(1)(b) for the principle of equal remuneration for work of equal value; and 2) indicates that the terms used in the different laws mentioned above cover all the elements of remuneration as requested by Article 1(a) of the Convention. The Committee takes due note of the Government’s indications but observes that, while Law No.270 of 2018 uses the term “equal remuneration” it also refers in the process to the concepts of “basic salary” and “monthly salary”. In that regard, the Committee wishes to recall that, the Convention sets out a very broad definition of “remuneration” in Article 1(a), which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment.” Consequently, the term “remuneration” needs to be defined with rigour if the Convention is to be applied fully (see 2012 General Survey, paragraphs 686 and 689). The Committee therefore reiterates its request that the Government: (i) consider harmonizing the different terms used in the legislation, at the earliest opportunity, with a view to ensuring that the principle of equal pay for men and women for work of equal value covers all elements of remuneration as defined in Article 1(a) of the Convention; and (ii) clarifies how section 3(1)(b) of Law No.270 of 2018 is applied in practice.

Article 2(a). Work of equal value. The Committee notes that, while sections 10(3)(c) and 11(1)(e) of Law 5-XVI of 2006 on Equal Opportunities between Men and Women, section 10(2)(g) of the Labour Code, and section 3(1)(b) of Law No.270 of 2018 refer to “work of equal value”, section 7(2)(d) of Law No.121 of 2012 still refers to equal pay for “the same type and/or amount of work”. The Committee therefore requests once again the Government to revise section 7(2)(d) of Law No. 121 of 2012 with a view to harmonising it with other pieces of legislation which refer to “work of equal value” and thus avoid any legal uncertainty.

Article 2. Determination of wages and collective agreements. In its previous comments, the Committee requested information on the application of the principle of the Convention in collective agreements setting payment conditions. The Government indicates that the minimum salary is set by the Government. According to sections 12(4) and 12(5) of the Law No.847 of 14 February 2002 on Wages, as amended by Law No. 253 of 17 November of 2016 modifying and complementing the Law on Wages, the minimum salary serves as a basis for differentiating salary duties in relation to the qualification, the level of professional training and competence of the employee, the degree of responsibility involved in the functions and the work carried out, and their complexity. The forms and conditions of salary are established through collective negotiations. While taking note of the above, the Committee recalls, again, that special attention is needed in the design or adjustment of sectorial minimum wage schemes to ensure that the methods used to fix the rates are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see 2012 General Survey, paragraph 683). The Committee also notes that the Action Plan on the implementation of the Strategy for ensuring equality between women and men in the Republic of Moldova 2017-2021 (hereinafter, Action Plan for Gender Equality) includes, within the Specific Objective 1.2, an indicator regarding the strengthening of the capacity of social partners to include the principle of equality between women and men in the collective bargaining process. The Committee therefore reiterates its request that the Government provides information on how collective agreements setting the conditions of payment in different branches of the economy apply the principle of the Convention. It also asks the Government to provide information on measures taken to strengthen the capacity of social partners, as envisaged in the Action Plan for Gender Equality 2017-2021.

Public sector. The Committee notes the information provided by the Government on the implementation of a new unitary wage system in the public sector through Law No. 270 of 2018, which establishes a system of remuneration that is transparent, fair, attractive, non-discriminatory, managed and able to reflect and reward performance, and provides in section 3(1)(b) for the principle of equal remuneration for work of equal value. The Committee asks for information on how section 3(1)(b) of Law No.270 of 2018 and the principle of the Convention of equal remuneration for men and women for work of equal value are taken into account in the unitary wage system in the budgetary sector.

Article 3. Objective job evaluation. The Committee notes that, in reply to the Committee’s previous request, the Government refers again to sections 8 and 130(2) of the Labour Code and explains that, depending on the specifics of the activity and the concrete economic conditions, the employer, after consultation with employees’ representatives, may choose to apply a tariff or a non-tariff payroll system. The Committee notes that, according to sections 136 and 137 of the Labour Code, the tariff system of remuneration includes tariff networks, tariff salaries and salary grids of the function and qualification of tariff guidelines while, in non-tariff systems, salaries are determined depending on an assessment of individual and collective performance done by the employer with the limit of the minimum salary. In this regard, the Committee recalls that the objective job evaluation called for, under Article 3 of the Convention, is aimed to give effect to the concept of “equal value” enshrined in the Convention, and that there needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria such as skill, effort, responsibilities and working conditions. Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias, either directly or indirectly. Finally, the Committee also recalls that the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise, and that ensuring a broad scope of comparison is essential given the prevalence of occupational segregation (see 2012 General Survey, paragraphs 675, 695 and 697). The Committee asks the Government to clarify how tariff and non-tariff payroll systems provided by the Labour Code ensure the application of objective job evaluation methods, including beyond the same establishment or enterprise, with a view to effectively applying the principle of equal remuneration for men and women for work of equal value. The Committee reminds the Government that it may avail itself of technical assistance from the Office.

Enforcement. Previously, the Committee requested the Government to report on any awareness raising activities carried out to promote the principle of equal remuneration for men and women for work of equal value, and on the number, nature and outcome of any cases concerning the application of the Convention. In this regard, the Committee notes that the Action Plan for Gender Equality includes indicators concerning, inter alia, the approval and implementation of methodologies for examining cases of wage discrimination as well as the strengthening of the capacities of institutions in the labour market regarding the particularities of ensuring equality between women and men in the labour market. In the framework of the Strategy for ensuring equality between women and men in the Republic of Moldova, 2017-2021, the Committee requests the Government: (i) to indicate any steps taken or envisaged to raise awareness regarding the principle of equal remuneration for men and women for work of equal value (including the relevant legislation and complaints procedures), among workers and employers and their organizations; and (ii) to provide information on the number, nature and outcome of any cases in relation to the principle of the Convention.

Article 1(a) of the Convention. Sanctions for expressing political views. The Committee previously noted that section 346 of the Criminal Code provides for sanctions of imprisonment for a term of up to three years (involving an obligation to perform labour) for “inflaming of the national, racial or religious enmity”. The Committee noted that the above provision of the Criminal Code provides for penal sanctions involving compulsory labour in circumstances defined in terms which are broad enough to give rise to questions about their application in practice. The Committee requested the Government to provide information on the application in practice of the above section of the Criminal Code.

The Committee notes with regret an absence of information on this point in the Government’s report. The Committee therefore reiterates its request to the Government to provide information on the application in practice of section 346 of the Criminal Code, with an indication of whether any court rulings have been handed down under this section, the penalties imposed and a description of the acts giving rise to such rulings.

Article 1(b). Mobilizing of labour for purposes of economic development. For a number of years, the Committee has been drawing the Government’s attention to the incompatibility with the Convention of certain provisions of the Act on mobilization, No. 1192-XV of 4 July 2002, the Act on the requisitioning of goods and services in the public interest, No. 1352-XV of 11 October 2002, and the Government decision to approve regulations on mobilization at the workplace, No. 751 of 24 June 2003, under which the central and local authorities, as well as military bodies can exact compulsory labour from the population under certain conditions as a means of mobilizing and using labour for purposes of the development of the national economy.

The Committee notes with regret that the Government does not provide information on any progress made in the amendment of the relevant legislation. The Committee, once again, firmly hope that the necessary measures will be taken to amend the above provisions of the Act on mobilization, No. 1192-XV of 4 July 2002, the Act on the requisitioning of goods and services in the public interest, No. 1352-XV of 11 October 2002, and the Government decision to approve the regulations on mobilization at the workplace, No. 751 of 24 June 2003, in order to bring them into conformity with the Convention. It further requests the Government to provide information on the progress made in this regard.

Article 1(c). Sanctions for violations of labour discipline. In its previous comments, the Committee noted that, under section 329 of the Criminal Code, the non-performance or improper performance by an official of his/her duties as the result of a negligent attitude, causing substantial harm to legitimate rights and interests of persons or organizations, or to public interests, is punishable by deprivation of freedom for a term of up to three years (which involves compulsory prison labour). The Committee requested the Government to provide information on the application in practice of the above section of the Criminal Code.

The Committee notes with regret an absence of information on this point in the Government’s report. The Committee therefore reiterates its request to the Government to provide information on the application in practice of section 329 of the Criminal Code, in order to enable it to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention. It further requests the Government to indicate whether any court rulings have been handed down under section 329 of the Criminal Code, the penalties imposed and a description of the acts giving rise to such rulings.

Communication of legislation. The Committee reiterates its request to the Government to communicate a copy of the regulations governing service on board seagoing vessels, to which reference is made in section 58 of the Merchant Shipping Code, as well as any other provisions governing labour discipline in merchant shipping.

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.

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.

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.

Article 2(1) of the Convention. 1. Scope of application and labour inspection. Children working in the informal economy and self-employed children. In its previous comments, the Committee noted the Government’s statement that neither the Labour Code nor Law No. 140-XV of 2001 on State Labour Inspectorate exclude from their application enterprises from the informal economy, or persons employed in the informal economy. The Government however indicated that due to the hidden character of the work in the informal economy, the control and monitoring of the activities of persons employed in this sector presented certain difficulties. The Committee further noted the measures taken by the Government to bring workers from the informal economy, including minors, into the legal framework. In particular, the Law No. 169 of 2012 on amending certain provisions of the Labour Code and the Contravention Code introduced administrative sanctions for the use of undeclared work, including by children. In addition, according to Government Decision No. 788 of 2013, the staff of the labour inspectorate had been increased by 12 units in order to effectively conduct the monitoring of child labour. The Committee further noted that according to the data provided by the Child Labour Monitoring Unit (CLMU) of the labour inspectorate, in 2014, 142 children and young persons under the age of 18 years had been identified as performing activities such as cooks and waiters; tailors; taking care of animals, washing cars and in agricultural works.

The Committee notes the Government’s indication in its report that labour inspections with respect to 29 employees under the age of 18 were carried out in 2019. In particular, labour inspectors detected violations of the legislation on employment of minors such as undeclared work, the absence of a written individual employment contract, and work in dangerous conditions. The Government further indicates that six acts of labour inspection control concerning violations of sections 55(2) (violation of labour legislation in relation to a minor), 55-1 (use of undeclared work), and 58 (admission of a minor to work in dangerous conditions) of the Contravention Code have been submitted to the court. In addition, labour inspectors issued prescriptions for the withdrawal of children under 18 years of age from work performed in violation of the law. The Committee also takes note of the information provided by the Government that in 2019, 2 122 students from 69 pre-university education institutions attended seminars conducted by labour inspectors on the provisions of the national legislation concerning employment of children under the age of 18.

The Committee, however, has noted in its comments of 2019, under the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129) a significant decrease in the number of inspectors, restrictions on the undertaking of labour inspections, and a decrease in the number of inspections carried out in agriculture, forestry and fisheries. The Committee further notes that the UN Committee on the Rights of the Child (CRC) in its 2017 concluding observations recommended strengthening the labour inspectorate and the CLMU (CRC/C/MDA/CO/4-5, paragraph 38). The Committee requests the Government to continue to pursue its efforts to ensure that children under the minimum age who are working without an employment relationship, such as children working on a self-employed basis or in the informal economy, benefit from the protection afforded by the Convention. It also requests the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate so that it can effectively monitor and detect cases of child labour, and prevent and remedy conditions that inspectors have reasonable cause to believe constitute a threat to the health or safety of children, including in agriculture and the informal economy. It further requests the Government to provide information on the number and nature of violations reported and penalties imposed in this regard.

2. Minimum age for admission to employment or work. The Committee previously noted that, according to section 46(2) of the Labour Code, a person attains working capacity at the age of 16. It noted, however, that section 46(3) of the Labour Code allows children of over 15 years of age to conclude work contracts with the written permission of their parents, or legal representatives, provided that this does not impair their health, education, development or vocational training.

The Committee notes the Government’s indication that the Convention sets out the minimum age for admission to employment, which may not be less than 15 years or 18 years for hazardous work. The Committee however once again reminds the Government that, on ratifying the Convention, it declared 16 years to be the minimum age for admission to employment and that, consequently, pursuant to Article 2(1) of the Convention, children under that age may not be admitted to work except for light work, which may be undertaken in the conditions set out in Article 7 of the Convention. The Committee therefore reiterates its requests to the Government to take the necessary measures, without delay, to ensure that no person under the minimum age specified by the Government (16 years) shall be admitted to employment or work in any occupation, except for light work. It further requests the Government to provide information on the measures taken in this regard.

Article 7(3). Determination of light work. The Committee previously noted the Government’s information that, in the context of the revision of the list of types of hazardous work prohibited for children under the age of 18 years, discussions would be undertaken with regard to adopting a list of light work activities that may be carried out by children of 14 years of age, pursuant to section 11(2) and (3) of the Child Rights Act. Noting an absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on the progress made with regard to the adoption of a list of light work activities that may be carried out by children of 14 to 16 years of age.

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.

Legislative and regulatory framework implementing the Convention. In its previous comments, while noting the Occupational Health and Safety Act (RM No. 186-XVI of 10 July 2008) and the Safety Rules for Work on Board Inland Navigation Vessels, the Committee requested the Government to specify the legislation and regulatory provisions giving effect to each Article of the Convention. The Government states that under section 20 of Act No. 595/1999 on the international treaties of the Republic of Moldova, the provisions of international treaties which, in line with their formulation, may be applied without the adoption of special normative acts, are enforceable and directly applicable in the judicial system of the Republic of Moldova. According to the Government, in so far as the Ministry of Economy and Infrastructure approved, on 18 December 2018 through Ordinance No. 604, the checklists for the control areas of the Naval Agency, including the checklist for the safety and security of operations in the port area, Articles 9(1) and (2); 10(1); 11(1) and (2); 12; 13(1), (2) and (4); 15; 16; 17(1); 18(1), (2), (3) and (4); 22; 23; 24; 27 and 38 of the Convention are directly applicable. The Government also specifies that the measures aimed at ensuring the proper application of those Articles of the Convention are at the approval stage. While noting the Government’s indication that a certain number of Articles of the Convention are directly applicable under Ordinance No. 604 in question, the Committee notes that, broadly speaking, the information provided in the report remains insufficient in as much as it still does not enable the Committee to examine the effect given to various provisions of the Convention. The Committee recalls the need to provide more precise information by specifying the provisions of the law or national regulations that give effect to each Article of the Convention. The Committee trusts that the government will take all necessary steps to provide such information in its next report, including information on measures to ensure the proper implementation of the Articles of the Convention referred to by the Government. In this regard, the Committee refers to the list of provisions below on which it requests further information regarding the measures taken for their implementation.

Furthermore, given its importance, the Committee requested the Government to transmit a copy of the Giurgiulesti International Free Port Port Rules, and any standards or rules applicable to employers and workers. In this regard, the Committee notes the Government’s indication that the Naval Agency is developing a set of regulations at departmental level, including the rules on the Giurgiulesti Port complex and the rules for captains of Giurgiulesti Port. The Committee requests the Government to provide a copy of these rules, if possible in one of the languages of the Office.

Article 1 of the Convention. Dock work. In its previous comments, the Committee asked the Government to provide information on the manner in which the employers’ and workers’ organizations concerned were consulted in establishing the definition of “dock work”. The Committee notes the Government's indication that, to date, no port employers' organization has been established. The Government specifies that, in accordance with Act No. 239/2008 on the transparency of decision-making processes, public consultation is mandatory throughout the formulation and adoption process for technical regulations, or any other legislative Act. The Committee hopes that, in the future, the Government will be able to indicate the manner in which the workers’ organizations concerned and, where relevant, the employers’ organizations, are consulted on or otherwise participate in the establishment and revision of “dock work”.

Article 5(1). Responsibility for compliance with the measures referred to in Article 4(1). In its previous comments, the Committee noted the Government’s indication that section 10(1) of the Occupational Safety and Health Act provides that the employer shall take the necessary measures to protect the health and safety of workers, and requested the Government to provide further information on the national laws or regulations which make appropriate persons responsible for compliance with all of the measures referred to in Article 4 of the Convention. The Committee notes the Government’s indication that the Occupational Safety and Health Act is implemented through Governmental decision No. 95 of 5 February 2009. The Committee requests the Government to provide a copy of Governmental decision No. 95 of 5 February 2009, indicating the relevant provisions which make appropriate persons responsible for compliance with all of the measures referred to in Article 4 of the Convention.

Article 6(1). Measures to ensure the safety of dockworkers. The Committee notes the Government’s indication that the monitoring functions relating to safety in the Giurgiulesti Port complex currently fall to the Naval Agency, which has planned to lead periodic safety information campaigns in the port area. The Committee requests the Government to provide information concerning the periodic safety information campaigns led in all the country’s dock work.

Article 7(2). Provisions for close collaboration between employers and workers. The Committee previously noted the establishment of a trade union committee to give effect to the provisions of the Convention. The Committee notes that, in its previous report, the Government nevertheless indicates that a trade union committee for employees in the Giurgiulesti Port complex has still not been set up. The Committee requests the Government to provide information on the trade union committees or any other mechanism in place in the country’s ports, including the Giurgiulesti Port, to ensure the full collaboration and consultation of employers and workers in the application of the measures set forth in Article 4(1) of the Convention.

Article 14. Installation, construction, operation and maintenance of electrical equipment. The Committee notes the indication that, in accordance with Act No. 174 on energy of 21 September 2017, the National Agency for Energy Regulation, as the body responsible for oversight of national energy, is tasked with formulating and approving the regulations on the operations of power stations, electricity networks and end users’ electrical installations. In this respect, in 2019, the National Agency published on its website the draft operating rules for electrical installations and the draft safety rules for the operation of electrical installations in order to submit them for public consultation. The Committee requests the Government to keep it informed of the entry into force of this new regulatory framework and to specify the main provisions giving effect to this Article of the Convention.

Article 15. Adequate and safe means of access to the ship during loading or unloading. The Committee notes the indication that in the Giurgiulesti Port complex, handrails, special access passageways, and stairways joined with the various levels guarantee access to the ships. The Committee requests the Government to continue providing information on the measures taken to ensure in all the country’s ports means of access guaranteeing safety when a ship is being loaded or unloaded alongside a quay or another ship.

Article 16. Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land. The Committee notes the indication that the Naval Agency is developing a set of measures at departmental level, including regulations regarding the Giurgiulesti Port complex, which will contain the relevant provisions on safe transport in the port area and in the maritime area around the port. Once approved in line with the legal procedures, these regulations will be transmitted by the Government to the Office. The Committee requests the Government to provide a copy of the regulations once adopted and to specify the main measures giving effect to this Article of the Convention.

Article 17. Access to the hold or deck of a vessel. The Committee notes the indication that the Naval Agency is looking into the possibility of developing technical regulations on alternative means of access, as stipulated under Article 17(1)(b). The Committee requests the Government to report on all new developments in this regard and hopes that it will be in a position to indicate the manner in which the competent authority determines the acceptability of the means of access to the hold or deck of a vessel, thereby giving full effect to this Article of the Convention.

Article 34. Provision and use of personal protective equipment. Care and maintenance of personal protective equipment and clothing. The Committee notes the Government’s indication that personal protective equipment and clothing is required for all workers involved in cargo handling operations in ports, port construction work and other work requiring a physical presence in the operational port area. The Committee also notes the indication that the Naval Agency is developing a set of regulations for ports. The Committee requests the Government to specify the legislative or regulatory text establishing the circumstances in which the provision and proper maintenance by the employer of personal protective equipment and clothing, and the proper use and care by workers of such equipment and clothing, is required. In the absence of such a text, the Committee encourages the Government to take the measures necessary to enable the Naval Agency to adopt a regulatory text in order to give full effect to this Article of the Convention.

Article 38(1). Provision of adequate training and instruction. The Committee notes the indication that the dockworkers in the inland port of Ungheni and all residents (economic agents) of Giurgiulesti International Free Port must, on a monthly basis or whenever appropriate, take classes and test their knowledge regarding their functions and the equipment used. The Committee requests the Government to specify the content of the classes referred to in the ports of Ungheni and Giurgiulesti, and to indicate to what extent prior training and instruction relating to risks and precautions to be taken are made available to workers employed in dock work in the country.

In the absence of information on their application, the Committee once again requests the Government to specify the measures taken or envisaged, in law or in practice, to give full effect to the following provisions of the Convention:

- Article 6(2). Consultation of workers concerning working procedures.
- Article 7(1). Provisions under which the competent authority consults the organizations of employers and workers concerned.
- Article 8. Measures to protect workers from health risks other than dangerous fumes.
- Article 9. Safety measures with regard to lighting and marking of dangerous obstacles.
- Article 10. Maintenance of surfaces used for vehicle traffic or stacking of goods in safe conditions.
- Article 11. Width of passageways for pedestrians and of passageways for cargo-handling appliances.
- Article 12. Suitable and adequate means for fighting fire.
- Article 13(1) to (3) and (5) to (6). Effective guarding of all dangerous parts of machinery, possibility of cutting off the power to machinery in an emergency, protective measures during cleaning, maintenance or repair work and adequate precautions if any guard is removed.
- Article 19. Protection around openings and decks.
- Article 20. Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; and safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.
- Article 21. Design of lifting appliances, loose gear and lifting devices.
- Article 22(3) and (4). Retesting of shore-based lifting appliances and certification of lifting appliances and items of loose gear.
- Article 24. Inspection of loose gear and slings.
- Article 25. Registers of lifting appliances and loose gear.
- Article 26. Mutual recognition of arrangements for testing and examination.
- Article 31. Operation and layout of freight container terminals and organization of work in such terminals.
- Article 32. Handling, storing and stowing of dangerous substances; compliance with international regulations for transport of dangerous substances; and prevention of worker exposure to dangerous substances or atmospheres.
- Article 35. Removal of injured persons.
- Article 36(3). Medical examinations to be carried out free of cost to the worker and confidentiality of the records of medical examinations.
- Article 37. Safety and health committees.
- Article 38(2). Minimum age for operating lifting appliances and other cargo-handling appliances.
- Article 39. Notification of occupational accidents.
- Article 40. Regulations concerning suitable sanitary and washing facilities.
- Article 41. Assigned duties in respect of occupational safety and health, and appropriate penalties.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the Convention is partially implemented with the participation of several administrative bodies such as: the Naval Agency, responsible for monitoring occupational safety in the Giurgiulesti Port complex; the National Labour Inspectorate, in charge of investigating occupational accidents and formulating recommendations regarding occupational safety; the line ministries, which ensure inclusive public consultation with the dockworkers and transparency of the decision-making process; and the economic agents responsible for the periodic training and skills assessment pertaining to occupational safety and health in the port area. The Committee requests the Government to continue providing information on the manner in which the Convention is applied in the country and, in particular, to provide information on the number of dockworkers protected by the legislation, the number and nature of the violations reported, and the number of industrial accidents and cases of occupational disease reported.

Legislative and regulatory texts giving effect to the Convention. In general, the Committee notes that the Government has not provided copies of the legislative and regulatory texts giving effect to the Convention mentioned in its report. Referring to its previous comments, the Committee requests the Government to provide copies of the texts mentioned and any other relevant texts relating to safety and health in dock work, in particular the Safety Rules for Work on board inland navigation vessels (referred to in its previous reports), Ordinance No. 604, approved on 18 December 2018 by the Ministry of Economy and Infrastructure, Governmental decision No. 95 of 5 February 2009 on the implementation of the Occupational Safety and Health Act, and the other regulatory texts being developed mentioned in the present comment, where possible in one of the working languages of the Office.

[The Committee requests the Government to reply in full to the present comments in 2024.]

The Committee notes the Government’s second report on the application of the Convention. It also notes that the 2016 amendments to the annexes of the Convention entered into force for the Republic of Moldova on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in SIDs from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO document 9303. The Committee notes that the Government has not provided information on any measures taken to implement the Convention and issue SIDs in accordance with the technical requirements of the Convention, as amended in 2016. The Committee recalls in this regard the Resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006), whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. The Committee notes that these problems have dramatically increased as a result of the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic. The Committee hopes that the Government will adopt in the near future the necessary measures to give full effect to all the provisions of the Convention, as amended. It requests the Government to provide detailed information on such measures, including a copy of the applicable national provisions. The Committee further requests the Government to supply a specimen of a SID compliant with the Convention as soon as it becomes available. The Committee reminds the Government of the possibility to avail itself of the Office technical assistance.

Article 1 of the Convention. Definition of the term “seafarer “. The Committee notes that the Government has not provided information on the definition of the term “mariner” or “seafarer”. Recalling that under Article 1(1) the term “seafarer” means any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation, the Committee requests the Government to indicate how it ensures that any Moldavian seafarer within the meaning of the Convention who makes an application to that effect, is issued a SID.

Articles 2 to 7. Seafarers’ identity documents. Implementation. The Committee notes the information provided by the Government indicating that it ensures the implementation of the Convention by issuing SIDs at the request of a Moldovan citizen who presents the full set of the necessary documents at the Naval Agency. The Government adds that after examining the documents, the public service Agency produces the SID within the requested deadline, which may range from one day to one month. Regarding the recognition of other SIDs from seafarers entering the port of Giurgiulești, the Government indicates that they are fully recognized. While noting this information, the Committee observes that the Government does not refer to the implementation of the amended version of the Convention. Referring to its comments above, the Committee requests the Government to provide detailed information on the concrete measures taken to give effect to Articles 2 to 7 of the Convention.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted that section 165 of the Criminal Code, as amended in 2013, provides for a minimum penalty of six years of imprisonment for the offences related to trafficking. It noted the Government’s indication that in 2014, 151 cases of trafficking in persons were recorded, 42 cases were sent to court and 51 persons were convicted. Moreover, during the first half of 2015, 82 cases were recorded, 27 were sent to court and 18 persons convicted. The Government indicated that in 2014, the Centre for Assistance and Protection of Victims and Potential Victims of Trafficking in Chisinau provided legal, medical and psychological assistance to 80 victims. The Committee requested the Government to continue to provide information on the measures taken to prevent, suppress and combat trafficking in persons as well as on the measures taken to strengthen the protection of victims of trafficking.

The Government indicates in its report that during the first nine months of 2018, 79 criminal cases of trafficking in persons were initiated by the police, under section 165 of the Criminal Code, involving 163 victims of trafficking identified (131 men and 32 women). The Government states that it has conducted awareness-raising campaigns, for the general public and for students, through primary, secondary and higher education. The Committee notes that the Government has adopted in 2018 a National Strategy for Preventing and Combating Trafficking in Human Beings for the 2018–23 period, and the Action Plan 2018–20 regarding its implementation. It notes that the Permanent Secretariat of the National Committee for Combating Trafficking in Human Beings is in charge of the coordination and monitoring of the process of implementing the above-mentioned Strategy and Action Plan and that it will produce an annual national report on preventing and combating trafficking in persons (section 4 of Decision No. 461 of 22 May 2018). The Committee also notes that, according to the Recommendation CP(2016)6 of the Committee of the Parties to the Council of Europe Convention on Action against Trafficking in Human Beings of May 2016, the Government has considerably increased the number of places available in centres for assistance and protection of victims and potential victims of trafficking in persons.

The Committee notes that the UN Committee against Torture (CAT) expressed concerned that Moldova continues to be a country of origin for trafficking for purposes of labour and sexual exploitation. The CAT was also concerned at the fact that corruption impedes the enforcement of legislation and effective prosecution and influences the outcome of cases (CAT/C/MDA/CO/3, paragraph 25). The Committee requests the Government to continue to take the necessary measures to ensure the effective application of section 165 of the Criminal Code, and to provide information on the number of prosecutions, convictions and penalties imposed. The Committee also requests the Government to provide information on the impact of the National Strategy for Preventing and Combating Trafficking in Human Beings for the 2018–23 period in preventing trafficking in persons. Lastly, the Committee requests the Government to continue to provide information on the number of victims of trafficking who have benefitted from assistance and protection.

2. Forced labour practices. The Committee previously noted that section 168 of the Criminal Code, which prohibits forced labour, includes forced labour practices committed by a public person, a foreign public person, an international civil servant, as well as legal entities. It requested the Government to provide information on its application in practice. The Committee notes the Government’s indication that 19 criminal cases on forced labour were initiated during the first nine months of 2018, under section 168 of the Criminal Code, and that 32 victims were identified (29 men and three women). The Committee requests the Government to continue to provide information on the application of section 168 of the Criminal Code, as well as whether perpetrators are public or private persons, indicating the number of prosecutions, convictions and penalties imposed.

Article 2(2)(c). Work of prisoners for private individuals, companies or associations. In its previous comments, the Committee noted that, under section 253 of the Execution of Sentences Code, every person convicted to a prison sentence is under an obligation to work, such work being exacted from them either at enterprises, workshops and auxiliary facilities of the penitentiary system or outside the penitentiary institution, under a contract concluded between the administration of a penitentiary institution and individuals or legal entities concerned. While having observed that the formal consent of prisoners to work for private enterprises does not appear to be asked for, the Committee noted the Government’s reference to Decree No. 583 of 2006 on the Status for execution of punishment by convicts which provides for the consent of the prisoner to perform labour. The Committee requested the Government to communicate a copy of the above Decree. Noting the absence of information provided in this regard in the Government’s report, the Committee once again requests the Government to provide a copy of Decree No. 583 of 26 May 2006, as well as copies of contracts concluded between private enterprises and penitentiary institutions.

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

The Committee noted that, according to section 59 of the Merchant Shipping Code of 2001: (1) The shipowner shall ensure: safe working conditions on board the vessel; measures to protect the health of crew members; a supply of fresh food and drinking water; the presence on board the vessel of rescue equipment; suitable operational areas, living accommodation, and other areas. (2) The minimum standards set out in paragraph (1) shall not be inferior to those specified by international agreements to which the Republic of Moldova is a party. The Government stated, therefore, that general living conditions on board ships flying the Moldovan flag must not be inferior to those established by ILO Conventions Nos 92 and 133. While the Committee accepted this as a principle, it noted that there are numerous provisions in these Conventions which are not self-executing and require concrete national action to give them effect at national level. As an example, Article 6, paragraph 8, of Convention No 92 requires that “The competent authority shall decide to what extent fire-prevention or fire-retarding measures shall be required to be taken in the construction of the accommodation.” The Committee, therefore, requested the Government to enact the necessary laws and regulations to give effect to these Conventions. The Committee notes the Government’s indication in its reports that it carried out various reforms of the central public administration and that, in this framework, it created the Naval Agency, which became operational in 2019. This measure was needed to create an institutional framework capable to elaborate normative texts and implement the ILO Conventions. The Government further states that while important steps are being taken to improve the legal framework for flag State control, there is a shortage of qualified human resources with the necessary technical and legal expertise on maritime labour issues. The Government states that it needs to identify the opportunities for technical assistance in this area. Noting that according to the most recent statistics published by the United Nations, 143 ships are flying the flag of the Republic of Moldova, the Committee requests the Government to indicate the concrete measures adopted to give full effect to the requirements of Conventions Nos 92 and 133. The Committee further recalls that the Government may avail itself of the technical assistance of the Office.

Articles 1(1) and (2) of the Convention. Formulation and implementation of education and training policies and programmes. The Government reports that vocational guidance and training services provided by the National Employment Agency (NEA) through its territorial agencies, are aimed at jobseekers, persons seeking to change their career path, young persons and students at the end of their schooling. The Committee notes that, in the framework of the Austrian Development Agency–funded Reconceptualization of Professional Orientation and Career Counselling (REVOCC) project, three career guidance centres (CGCs) were created in 2016 in the three regions of the country. The CGCs provide free vocational guidance and career planning services, and link the educational system to the labour market. Vocational guidance is provided by specialists within the NEA and the CGCs and include a range of activities, including training, seminars on labour market evolution and educational opportunities through national institutions. The Committee notes that, according to the European Training Foundation report on Youth Transition to Work in Moldova, almost 90 per cent of graduates of the NEA’s vocational training programmes secured employment after completing training. In the first semester of 2018, 2,153 unemployed persons received vocational guidance thorough the NEA (45.4 per cent women). At the same time, 2,153 jobseekers received vocational guidance through the CGCs. In respect of vocational training, the Government reports that the Government contracted 15 educational institutions to provide vocational training to unemployed persons. In the first semester of 2018, 1,180 persons graduated from such training courses: (66.3 per cent were young persons aged 16–29); 69.1 per cent were women; 59.5 per cent resided in rural areas; and 2.8 per cent were persons with disabilities. The Government indicates that 95.6 per cent of these graduations (1,180 persons) were placed in employment. The Committee notes the extension to 30 November 2021 of the REVOCC project, which will continue to provide vocational guidance to young persons. The Committee also notes the adoption of Law No. 105 of 14 June 2018 on the Promotion of Employment and Unemployment Insurance, which entered into force on 10 February 2019. The Law sets out a number of new active employment measures, including provision of workplace training for unemployed persons and certification of skills acquired in the context of both non-formal and informal education. The Committee welcomes the information received and invites the Government to continue providing updated information on the design and implementation of education and training policies and programmes, closely linked with employment needs, including programmes aimed at specific groups, such as young persons, women and persons with disabilities. In addition, the Committee invites the Government to provide disaggregated statistical data on the number of vocational guidance and training graduates accessing employment following completion of the training programs.

Article 3(2). Vocational guidance for young persons. The Committee notes the launch in 2017, with the support of the International Labour Organization (ILO), of two platforms aimed at helping young persons to make informed decisions about their future career paths and promote career opportunities on the labour market. The Committee also notes a number of measures taken in 2018 in relation to dual education, including the adoption of a Regulation on the Organization of Technical Training Programmes through dual education, the launch of a campaign to promote dual education, “Learning, Working Earning” and the approval of a Framework Plan for dual professional technical education. In addition, the Committee notes that higher education in the Republic of Moldova has acceded to the Bologna Process, whose aim is to ensure compatibility in standards and quality of higher education qualifications. The Committee invites the Government to provide up-to-date information on the implementation of the two different platforms, and their impact on vocational guidance and training of young persons, as well as on their access to lasting employment. The Committee also invites the Government to continue to provide detailed information about the regulation and modernization of higher education programmes.

Article 4. Vocational guidance and training and lifelong learning. In its previous comments, the Committee requested the Government to provide information regarding the Strategy for the Development of Vocational/Technical Education 2013–20 and its accompanying action plan. The Government indicates that the main objective of the Strategy is the modernization and optimization of professional technical education to enhance the competitiveness of the national economy. To ensure quality instruction, the Government has continued the reconstruction of eight centres of excellence and is in the process of modernizing curricula for about 30 occupations. The Government notes the adoption of Order No. 1127 of 23 July 2018, which established a new mechanism to assess the competencies of graduates of vocational training. In addition, the Committee notes the adoption of the Regulation on the continuous training of adults, approved through Government decision No. 193 of 24 March 2017, which aims to regulate and develop the regulatory framework for adult education. The Government reports that there have so far been 152 accredited continuous professional development programmes. The Committee welcomes the information received and invites the Government to provide updated information on the development and implementation of measures in relation to vocational training and lifelong learning and their impact on access to quality lifelong learning.

Article 5. Cooperation with the social partners. The Committee notes the Government’s indication that Order No. 1127 of 23 July 2018 places increased emphasis on the presence of the representatives of the labour market. In addition, the Government reports that employers and trade unions, as well as other actors, participate actively in developing normative acts in the sphere of higher education, such as the National Framework of Qualifications. The Committee requests the Government to provide additional detailed information on the steps taken, in the framework of the National Council, to promote cooperation with the social partners in the formulation and implementation of vocational guidance and vocational training policies and programmes.

Article 2(2) and (3) of the Convention. Adequate safeguards in case of recourse to contracts of employment for a specified period of time. In its previous comments, the Committee requested the Government to provide information on the measures taken or contemplated to prevent the inappropriate use of contracts of employment for a specified period of time, including information on the application in practice of sections 54 and 55 of the Labour Code, as amended, as well as information on the activities of the State Labour Inspectorate enforcing the application of these sections of the Code. Noting that the Government has not provided any information in this regard, the Committee reiterates its request that the Government provide the requested information, including copies of any relevant court decisions in this regard.

Article 4. Valid reasons for termination of employment. The Committee notes that, pursuant to Law No. 188 of 21 September 2017, section 86 of the Labour Code was amended to include the employee’s eligibility for an old-age pension as a valid ground for termination. The amendment provides for the possibility of employing the individual on a fixed-term contract following the termination in accordance with section 55(f). It further notes the Government’s indication that section 87(4) was amended to provide trade union bodies with ten working days to express an advisory opinion with regard to the dismissal of an employee. The Committee notes that this provision stipulates that lack of communication from the trade union in this respect is considered to constitute implied consent. The Committee notes that the Government has not provided any information on the manner in which the automatic retirement of teaching staff upon activation of their pension is applied in practice. The Committee requests the Government to provide information on the practical application of these additional grounds of termination and reiterates its request that the Government provide relevant court decisions in this regard.

Articles 5(c), 7 and 8. Invalid reasons for termination of employment. Procedure prior to termination of employment and appeals procedures. The Government indicates that, pursuant to Administrative Code No. 116/2018, any affected person is entitled to have recourse to the relevant bodies, who are required to examine the claims within 15 to 30 working days of the date of registration, depending on the complexity of the claim, and to inform the claimants of the result and content of the decision taken. The Committee further notes that, pursuant to section 1 of Law No. 85/2018, in cases of collective redundancy, an employer is obliged to inform the relevant trade unions in writing at least three months before the planned date of the collective dismissal and to initiate negotiations in relation to the rights and interests of the workers concerned. In addition, the amendments to section 185 of the Labour Code provide for guarantees in cases of collective redundancies, including the employer’s obligation to provide workers’ representatives with detailed information regarding the planned dismissal and the obligation that they hold consultations with workers’ representatives. The signed notice to employees regarding the collective redundancies must be made at least two months before the dismissal, observing the dismissal procedures established in section 88 of the Labour Code. The Committee notes that the Government has not provided the information requested in the Committee’s previous comments on the number and type of violations identified by the labour inspection authorities. The Committee therefore reiterates its request that the Government provide information on the number and type of violations identified by the labour inspection authorities. The Government is also requested to provide copies of relevant court decisions giving effect to Articles 7 and 8 of the Convention.

Article 11. Reasonable period of notice. The Committee notes that, pursuant to section 184(3) of the Labour Code, an employer is not obliged to give notice to a worker if the termination is a result of a breach of conduct by an employee. The Committee reiterates its request that the Government provide further information on the reasons for setting a notice period of three days for workers with employment contracts of less than two months, the reasons for expressing this notice period in calendar days rather than in working days, as well as information on the manner in which it is ensured that workers receive reasonable notice in cases of termination based on the capacity or conduct of the worker.

Article 12. Severance allowances and other income protection. The Government indicates that Law No. 102-XV of 13 March 2003 on employment and social protection of persons seeking employment and Law No. 105/2018 on the Promotion of Employment and Unemployment Insurance contain provisions related to unemployment benefits and allowances for professional integration. The Committee notes that the amount of the unemployment benefit to which an unemployed worker is entitled is determined in accordance with section 45 of Law No. 105. The Committee further notes that the Government has not provided any further information on the role of collective agreements in making provision for adequate severance allowances. The Committee once again refers to its previous comments and requests the Government to provide information on the role of collective agreements in ensuring provision for severance allowances, as well as information on other types of income protection that may be afforded to workers.

Application of the Convention in practice. Noting that the Government has not provided any information in this regard, the Committee reiterates its request that the Government provide information on the manner in which the Convention is applied in practice, including, for example, copies of court rulings concerning questions of principles relating to the application of the Convention or summaries of the important court rulings and available statistics on the activities of the bodies of appeal (such as the number of appeals, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided upon) and on the number of terminations for economic or similar reasons in the country.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously noted the Committee on the Rights of the Child (CRC)’s indication in its concluding observations of October 2013 that Moldova remains one of the main countries of origin of children trafficked abroad and that the number of such children was continuously growing. The Committee observed the absence of specific data regarding the number of cases of trafficking of children dealt with by the courts. It requested the Government to ensure the effective implementation of section 206 of the Criminal Code prohibiting the trafficking of children.

The Government indicates in its report that in 2017, 48 child victims of trafficking were identified (31 girls and 17 boys), including seven children exploited for begging. During the first semester of 2018, 37 child victims of trafficking were identified (32 girls and 5 boys), including one exploited for begging. The Committee however observes that the Government does not provide any information on the outcome of the identified cases regarding investigations, prosecutions and penal sanctions imposed. It further notes that, in its concluding observations of October 2017, the CRC expressed concern that Moldova remains a country of origin for trafficking in persons for purposes of sexual and labour exploitation and at reports of alleged corruption in the judiciary and law enforcement that hinders the successful conviction and sentencing of traffickers (CRC/C/MDA/CO/4-5, paragraph 40). The Committee therefore requests the Government to take all the necessary measures without delay to ensure that thorough investigations and robust prosecutions of offenders are carried out against persons engaged in such acts, including government officials suspected of complicity, and that sufficiently effective and dissuasive penalties are applied in practice. It requests the Government to provide information in this regard, including the number of offences reported, investigations conducted and penal sanctions imposed.

Article 6. Programmes of action. Trafficking of children. The Committee previously requested the Government to provide information on the concrete measures taken within the framework of the National Action Plan for Preventing and Combating Trafficking in Human Beings 2014–16 and the results achieved.

The Committee notes the Government’s indication that the Permanent Secretariat of the National Committee for Combating Trafficking in Human Beings is the national coordinator of anti-trafficking policies and that it has taken measures to prevent and combat child trafficking, including activities aiming at raising awareness and informing the public about the risks and consequences of trafficking in persons. It further observes that the Government adopted a National Strategy for Preventing and Combating Trafficking in Human Beings for 2018–23 and the 2018–20 Action Plan regarding its implementation. The Permanent Secretariat of the National Committee for Combating Trafficking in Human Beings is in charge of the coordination and monitoring of the implementation of the above-mentioned Strategy and its Action Plan and will produce an annual national report on preventing and combating trafficking in persons (section 4 of Decision No. 461 of 22 May 2018). The Committee requests the Government to continue to provide information on the measures taken to combat the trafficking of children, including within the framework of the National Strategy for Preventing and Combating Trafficking in Human Beings and its Action Plan and the results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Trafficking of children. The Committee previously noted that according to the data from the National Unit for coordination of the National Referral System (NRS), in 2014, 11 child victims (six girls and five boys) and 218 potential child victims of trafficking were provided with protection and assistance. It requested the Government to pursue its efforts for the removal, rehabilitation and social integration of child victims of trafficking.

The Committee notes the Government’s indication that it has developed a mechanism for intersectoral cooperation in identifying, assessing, referring and assisting child victims and potential victims of violence, neglect, exploitation and trafficking, in which the Ministry of Education, Culture and Research is part. The Committee notes that, in the Report on Observance of Human Rights and Freedoms in the Republic of Moldova in 2017, issued by the Ombudsman in 2018, the People’s Advocate for the Rights of the Child recommends that the Government strengthen the implementation of the intersectoral mechanism, whose role is to identify and protect children at risk, by providing human resources (child rights specialists) and appropriate technical and financial resources. The Committee also notes that the Committee of the Parties to the Council of Europe Convention on Action against Trafficking in Human Beings recommends that Moldova improve the identification and assistance of child victims of trafficking, including appropriate accommodation and ensuring long-term monitoring of the reintegration of child victims of trafficking. The Committee also notes the CRC’s indication, in its concluding observations of October 2017, that it is concerned about inadequate rehabilitation and reintegration services of victims of trafficking in persons (CRC/C/MDA/CO/4-5, paragraph 40). The Committee requests the Government to take all the necessary steps to ensure that child victims of trafficking are removed from this worst form of child labour and provided with appropriate services for their rehabilitation and social integration. It requests the Government to provide information on the number of child victims of trafficking who have been removed and provided with assistance.

Clause (d). Identifying and reaching out to children at special risk. 1. Roma children. In its previous comments, the Committee noted the various measures taken by the Government to strengthen access to education for Roma children. It noted however from the UNICEF Moldova report of 2014 that many Roma children were still not attending school. In communities that are almost exclusively Roma, only half the number of children attended primary and secondary education, compared to almost 100 per cent of non-Roma children. The Committee thus encouraged the Government to pursue its efforts to increase Roma children’s access to free, basic and quality education and to reduce their school drop-out rates.

The Committee notes the Government’s indication that it has undertaken a number of measures to enhance the participation of Roma children, particularly girls, in education. The Government organized awareness-raising campaigns, provides free school meals and free text books for all children of grades 1 to 4 and for children of grades 5 to 12 from social vulnerable families, provides free transportation to school, and financially supports Roma children at the beginning of every academic year to help pay for school supplies, clothing and shoes. The Committee notes that an Action Plan for preventing and combating school drop-out and absenteeism was approved in 2015. The Government states that Roma children who do not attend school are identified. It indicates that there are currently about 483 Roma children attending school and 95 Roma children attending pre-school programmes.

The Committee notes that, in its concluding observations of October 2017, the Committee on Economic, Social and Cultural Rights indicated that the Government adopted an Action Plan for supporting the Roma population for the period 2016-2020 (E.C.12/MDA/CO/3, paragraph 22). The Committee also notes that, according to an article released by the Organization for Security and Co operation in Europe (OSCE), the Memorandum of Understanding signed on 15 November 2018, which is a tool to support the implementation of the National Strategy for Consolidation of Interethnic Relations until 2027, places a specific focus on the national minorities’ right to education. The Committee notes the Report of the Special Rapporteur on minority issues of January 2017, according to which Roma girls are particularly vulnerable to dropping out of school, especially because child marriage exists (A/HRC/34/53/Add.2, paragraph 69). Noting that Roma children are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to continue its efforts to increase access to free basic education for Roma children, with a particular focus on girls. It requests the Government to provide information on the impact of the measures taken by the Government, including the Action Plan for preventing and combating school drop-out and absenteeism and the Action Plan for supporting the Roma population 2016–20, particularly with regard to ensuring completion of education and reducing school drop-out rates.

2. Children deprived of parental care. The Committee notes that, in its concluding observations of October 2017, the Committee on Economic, Social and Cultural Rights expressed concern at the deplorable situation of about 100,000 children left behind by their migrant parents, illustrated by high school drop-out rates (E/C.12/MDA/CO/3, paragraph 28). It notes that according to the Report on Observance of Human Rights and Freedoms in the Republic of Moldova in 2017, there are frequent cases of children whose parents have left the country for long term without having designated a legal representative of the child, and that children deprived of parental care are weakly protected. The Committee requests the Government to provide information on the measures taken to protect children left without parental care from the worst forms of child labour.

Application of the Convention in practice. The Committee previously noted that 39 violations related to the engagement of young persons in prohibited works were detected by the labour inspectors in 2012. In 2013 and 2014, five and four such violations were detected, respectively. The Committee requested the Government to continue to provide information on the nature, extent and trends of the worst forms of child labour and on the number and nature of infringements reported, investigations, and penalties applied.

The Committee notes the absence of information from the Government on this matter. It notes that the People’s Advocate for the Rights of the Child indicates, in the Report on Observance of Human Rights and Freedoms in the Republic of Moldova in 2017, that child labour is a serious issue in Moldova, which involves children undergoing heavy, dangerous and long-lasting work, trafficking of children, children sexually exploited and children engaged in other illicit activities such as begging and drug trafficking. The Committee requests the Government to take the necessary measures to ensure that children are protected in practice against the worst forms of child labour. It requests the Government to provide statistical information on the nature, extent and trends of the worst forms of child labour.

Comments adopted by the CEACR: Republic of Moldova

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Adopted by the CEACR in 2021

C047 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Issues specifically concerning labour inspection in agriculture

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C088 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C095 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C119 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

2. Promotional Framework for Occupational Safety and Health Convention (No. 187)

I. Action taken at the national level

B. National policy

C. National system

D. National programme

II. Action at the level of the enterprise

E. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

F. Protection in specific branches of activity

Safety and Health in Agriculture Convention, 2001 (No. 184)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C127 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C131 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C132 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C150 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C183 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C117 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C144 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C152 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C185 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C133 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Accommodation of Crews Convention (Revised), 1949 (No. 92)

Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133)

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C158 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)