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

Maternity Protection Convention, 2000 (No. 183) - Republic of Moldova (Ratification: 2006)

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.