Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Republic of Moldova (Ratification: 1996)

The Committee notes that the Government’s report contains no information in response to a number of its previous comments. In this regard, it recalls that Governments have undertaken the obligation to provide information on the application of ratified ILO Conventions in law and in practice. It is on the grounds of that information, that the Committee fulfils its duties of assessment of the effective implementation of the ratified Conventions. Therefore, the Committee encourages the Government to submit a more exhaustive next report which includes all the matters raised below.

Article 1(1)(a) of the Convention. Sexual harassment. Noting that the Government’s report does not respond to its previous comment on this matter, the Committee again requests the Government to provide information on the application in practice of the legislation concerning sexual harassment and 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 in employment and occupation. The Government indicates, in its report, that article 14 of Law no. 105/2018 on Employment Promotion and Unemployment Insurance, which entered into force on 10 February 2019, stipulates that job offers and advertisements shall not include discriminatory elements based on race, nationality, ethnic origin, language, religion, beliefs, sex, age, disability, opinion, political affiliation, property, social origin or any other criteria. In the context of the above, all unemployed people, including all job seekers, can benefit free of charge and unconditionally from employment services, namely labour market information, career guidance, job intermediation, pre-referral services and can access free of charge active vocational training measures. During 2022, the National Employment Agency (ANOFM) through the territorial subdivisions for employment (STOFM) registered 35,006 new unemployed (or 52.4 per cent unemployed of the total number of job seekers) among which 52.5 per cent were men and 47.5 per cent were women (16,620); 5.4 per cent were people with disabilities (1,896 unemployed, of whom 860 were women (45.4 per cent)) and 4.7 per cent were Roma (1,643 unemployed, of whom 935 were women (56.9 per cent)). Through the Cognitrom Career Planner platform, 3,500 (3,595) people benefited from career guidance services, of which 62.4 per cent were women (2,245). Of all unemployed people with disabilities benefiting from career guidance services, 167 were women. Through STOFM, 1,062 unemployed people graduated from vocational training courses, of which 744 were women (70.1 per cent).

Equality of opportunity and treatment between men and women. The Committee notes that the Ministry of Labour and Social Protection (MLSP) has developed the Programme for the Promotion and Ensuring of Gender Equality in the Republic of Moldova for the years 2023–27, which was approved by Government Decision No 302/2023. The Programme aims to significantly increase the level of gender equality in areas relevant to the European Moldova 2030 Agenda such as health, education, labour market, entrepreneurship, social protection and local development and is designed to achieve 5 general objectives translated into 46 specific actions, which are the following: (1) reduce structural gender inequalities through gender-sensitive policies and budgets, (2) increase social protection for more people involved in long-term care activities for family members, (3) reduce gender pay gaps for equal work or work of equal value, (4) increase the number of men promoting gender equality and (5) promote women, including women from under-represented groups, in leadership and decision-making at central and local level. The Government indicates that the expected results of the implementation of the Programme include increasing the number of initiatives implemented at the local level on gender equality, making the work of the Governmental Commission for Equality between Women and Men more effective with real and unequivocal implementation of its decisions, extending services related to long-term care of family members, improving legislation on equal treatment, reducing the gender pay gap, and ensuring women's representation in leadership positions and decision-making, etc. In addition, the Government indicates that the Employment Programme approved by Government Decision no.785/2022 contains a specific objective devoted to stimulating women's participation in the labour market and increasing their employment rate by promoting measures to support women on childcare leave, increasing the involvement of men in childcare activities and other legislative measures. Such measures encompass implementing a programme to stimulate the creation of crèches; supporting employers who cover the costs of alternative care providers for employees; supporting entities setting up their own crèches; expanding the supply of affordable childcare services in all geographical areas of the country; ensuring the revision of the legal framework on childcare benefits, parental leave, job protection, to facilitate parental employment and improving work-family balance. The Government points out that stimulating the creation of crèches and expanding the availability of affordable childcare will increase women's participation in the labour market. The Government informs the Committee that, in this context, the regulatory framework for the creation, organization and operation of alternative childcare services for children up to the age of 3 has been adopted by Law No 367/2022 on alternative childcare services, and the mechanism for the implementation of this Law is to be developed. The Committee encourages the Government to continue its efforts to promote gender equality in the labour market and requests it to provide detailed information on the implementation of the different initiatives described above and the results achieved (including statistical information) in contributing to and ensuring equality of opportunity and treatment in employment and occupation, in particular between men and women.

Occupational segregation. The Government informs the Committee that the new Structure of the Classification of Occupations in the Republic of Moldova, approved by Decision No. 208/2021, was adopted, as well as the new Classification of Occupations in the Republic of Moldova (approved by the MLSP Order No. 11/2021), which aims at ‘exposing’ female occupations. With respect to access to education, the Government points out that of the total number of students enrolled in the first cycle 56 per cent are women. It specifies that in the admission process, the respective committees have carried out actions to advise candidates to study by encouraging them to access specialties in fields considered feminine or masculine. As a result, 995 girls are enrolled at the Technical University of Moldova, which is generally considered “male”, which represents more than 32 per cent of the total number of students; at the Stefan cel Marea Academy of the Ministry of Interior, out of 283 enrolled students, 126 are girls (45 per cent); at the Military Academy of the Armed Forces, out of 55 students admitted to study, 14 are girls (26 per cent); at the State University of Physical Education and Sport, out of 511 enrolled students, 97 are girls (19 per cent). The Committee asks the Government: (i) to clarify the meaning of the expression “exposing female occupation“; and (ii) to pursue its efforts and continue to provide information on any measures adopted to promote the access of women to a greater diversity of jobs and training courses, as well as to higher level positions, particularly in occupations in which men predominate and in sectors where women are less represented

Articles 2 and 3(b). Legislative developments. The Committee welcomes the Government’s indication that amendments to the Labour Code and the Wages Act No. 847/2002 were made by Law No. 107/2022 on the amendment of certain normative acts in order to transpose the provision of the Equal Remuneration Convention, 1951 (No. 100) and refers the Government to its direct request under this instrument.

Article 2. Equality of opportunity and treatment. Race, Colour and National Extraction. The Committee observes that, in its Concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) welcomed legislative, institutional and policy measures taken, among which: (1) Law No. 111 of 21 April 2022 amending provisions of the Criminal Code and the Contravention Code, which prohibits hate speech, incitement to racial discrimination, hate crimes and violence under Article 346 of the Criminal Code, and prohibits incitement to racial discrimination under Article 701 of the Contravention Code and establishes racist motives as aggravating circumstances; (2) Law No. 2 of February 2023 to amend the provisions of the Equality Law (No. 121) by expanding the grounds of discrimination (including to gender identity and HIV status), strengthening the capacity of the Equality Council and improving the procedure of considering complaints; and (3) Government Decision no. 169 of 20 April 2023 on the Action Plan for the period 2023–2025 on the implementation of the Strategy on Strengthening Inter-Ethnic Relations in the Republic of Moldova for the period 2017–2027. The CERD however expressed concerns with respect to (1) the lack of information on the allocation of sufficient resources to ensure the effective implementation of the Action Plan on the implementation of the Strategy on Strengthening Inter-Ethnic Relations in the Republic of Moldova (2023–2025) and the National Programme for Ensuring Human Rights (2024–2027), (2) the restricted mandate of the Equality Council to issue decisions following the consideration of complaints of racial discrimination without the authority to impose sanctions and the lack of authority to submit complaints before the Constitutional Court, as well as the low implementation rate of the decisions adopted by the Equality Council related to combating racial discrimination due to the regular appeal against these decisions by the public authorities; (3) the legislative framework which does not contain provisions that expressly criminalize racist hate speech and hate crimes in accordance with article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, such as all dissemination of ideas based on racial or ethnic superiority or hatred by whatever means, incitement to contempt or discrimination, and does not include all grounds of discrimination recognized in article 1 of the Convention, particularly descent; (4) the spread of racial discrimination, racist hate speech and hate crimes, and of the dissemination of negative stereotypes against members of ethnic minority groups, particularly the Roma; the low level of reporting of racial discrimination, hate speech and hate crimes and the frequent failure to adequately recognize and investigate hate crimes, which are often categorized as misdemeanours rather than initiating criminal procedures; reports on the use of racist hate speech by politicians, particularly at the local level; the lack of information on measures to monitor the spread of hate speech in the media, on the Internet and in social media, notwithstanding the mandate of the Audiovisual Council and the adoption of the monitoring methodology for hate speech in audiovisual media content in 2023; and the lack of detailed and disaggregated information on complaints and cases of racial discrimination, racist hate speech and hate crimes, investigations and prosecutions carried out, and sanctions imposed on perpetrators; and (5) the low level of representation of members of ethnic minority groups, including the Roma, in the Parliament and the lack of detailed information on the representation of members of ethnic minority groups at the central and local levels in the public sector, judiciary, law enforcement, and in decision-making and high-ranking positions, particularly among women; and the discrimination faced by members of ethnic minority groups in accessing employment, participating in elections, obtaining public information and accessing justice due to restrictions imposed on, and the refusal of public authorities, to use the Russian language, despite the protection granted for the use of Russian language and other languages according to Article 13 of the Constitution and the guarantee to use Russian language to communicate with public institutions and submit complaints, according to Article 12 of the Law on the Rights of Persons Belonging to National Minorities and the Legal Status of their Organizations (CERD/C/MDA/CO/12-14, 25 April 2024, paragraphs 11, 15, 17 and 21). In light of the above, the Committee urges the Government to strengthen its efforts to effectively address discrimination and ensure equality of opportunity and treatment in education, employment and occupation for all irrespective of race, colour and national extraction. It asks the Government to provide information on: (i) the measures implemented to that end, including through the Action Plan for the period 2023–25 on the implementation of the Strategy on Strengthening Inter-Ethnic Relations in the Republic of Moldova for the period 2017–27 and the results of such measures, including statistical information, to evaluate the impact on employment and occupation; (ii) any public awareness-raising activities undertaken on the relevant legislative provisions of Law No. 111 of 21 April 2022 and Law No. 2 of February 2023, the procedures and remedies available; and (iii) the number, nature and outcome of cases of discrimination on the basis of race, colour and national extraction dealt with by Equality Council, the courts or any other competent authorities, the penalties imposed and the remedies granted.

Roma. The Committee notes the data provided by the Government that (1) 4.2 per cent of Roma people (2,827) were registered as jobseekers, of which 1,600 (1,630) were women; (2) 1,600 Roma (1,643) were registered as unemployed, representing 4.7 per cent of all unemployed, among which 935 were women (56.9 per cent) and 72 persons were placed in employment; and (3) out of the total number of 1,643 Roma registered as unemployed, they had the following education: 1,457 had primary (88.7 per cent), 143 had secondary (8.7.8 per cent), 15 had high school education (0.9 per cent), 20 had vocational secondary (1.2 per cent), 5 had college education (0.3 per cent), and 3 had higher education bachelor, master and doctorate level (0.2 per cent). The Government indicates once again that the absolute majority of Roma unemployed have no qualification and that as a result, there is little chance of employment for those with only primary education, as they often also face basic reading and writing skills therefore creating barriers to the involvement of this category of unemployed people in vocational training programmes. The Committee observes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) noted the adoption and implementation of the Programme of Support for the Roma Population (2022–2025) but expressed concerns that the members of the Roma communities continue to face discrimination in accessing healthcare, housing, education and employment, and in particular, stated among other concerns: (1) the low attendance rates and high dropout rates at all levels of education for the Roma children, particularly girls, and that there is only one Roma teacher recruited in the public schools in the State party; (2) the limited access of the Roma to health care services and lower rates of Roma covered by the compulsory health insurance scheme compared to other ethnic minorities; and (3) the high rates of unemployment among the Roma and low enrolment rate of the Roma with the National Employment Agency (CERD/C/MDA/CO/12-14, 25 April 2024, paragraph 23). Noting that the Government’s report does not respond to its previous comment on this matter, the Committee reiterates its request to 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 Programme of Support for the Roma Population (2022–2025).

Recalling the importance of education as a determining prerequisite for employment, the Committee asks the Government to: (i) pursue its efforts in promoting equal access of Roma children to education and retaining them in school; and (ii) provide information on the measures and the results achieved in this regard.

Article 3. Workers with family responsibilities. Paternity leave. Noting that the Government’s report does not contain information on this point, the Committee once again 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.

Enforcement and awareness raising.Noting that the Government’s report does not contain information in this regard, the Committee requests the Government, once again, to provide information, in particular on: (i) specific activities undertaken to raise awareness on the application of the national policy to promote equality of opportunity and treatment in respect of employment and occupation among workers, employers and the public, and the results achieved; (ii) 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; and (iii) whether it is considering taking steps to restore the Council’s sanctioning powers.