Observación (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre las cuarenta horas, 1935 (núm. 47) - República de Moldova (Ratificación : 1997)

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 The Committee notes that section 3 of Government Decision No. 1223 of 2004 is repealed by Government Decision No. 294 of 2014.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.