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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Republic of Moldova (Ratification: 1996)

The Committee notes that in its observations received on 21 August 2024 with respect to the Convention and the Workers’ Representatives Convention, 1971 (No. 135), the National Trade Union Confederation of Moldova (CNSM) alleges serious acts of interference in union activities by the administration of the National Centre for pre-hospital Emergency Medical Assistance (IMSP CNAMUP). The Committee notes that the CNSM alleges in particular that: (i) workers were threatened with retaliation if they refused to change their affiliation to the union supported by the Government, resulting in the forced resignation of 3,826 employees and the dismantling of the independent union; (ii) a union leader was demoted to induce resignation and (iii) the issue has still not been resolved after the CNSM having informed the relevant authorities in July 2024. The Committee requests the Government to provide its comments on the CNSM observation and to take the necessary action to ensure the full application of articles 1 and 2 of the Convention with respect to the alleged acts.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. In its previous comments, the Committee repeatedly requested 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. The Committee notes the Government’s indication that there is currently a draft law to amend article 61 of the Contravention Code and apply tougher sanctions. The Committee also notes the CNSM’s observations according to which: (i) current national legislation continues to lacks an effective mechanism to protect trade union rights; (ii) the CNSM proposed amendments to article 61 of the Contravention Code to sanction anti-union interference have not been taken into account; and (iii) Act No. 114 of 9 July 2020, which repealed a Labour Code provision protecting union officials from dismissal for two years after their term, replacing it with a requirement for an advisory opinion rather than prior consent from the superior union body further has further weakened the existing legal protection against anti-union discrimination. Taking due note of the Government’s indication that a legal reform is under way, the Committee expects that the Government will be soon in a position to inform about the adoption of provisions that will significantly strengthen the applicable sanctions to acts of anti-union discrimination and interference. The Committee requests the Government to provide a copy thereof.

Article 4. Compulsory arbitration. In its previous comment, the Committee reiterated its previous request to amend section 360(1) of the Labour Code 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 essential services in the strict sense of the term and acute national crisis. The Committee notes the Government’s indication that a new draft law, the Mediation Act and the Statute of the Mediator, is currently at the endorsement stage. The Committee also notes the Government’s indication that the Ministry of Labour and Social Protection, together with the State Labour Inspectorate and the social partners, are working on the establishment of a mechanism for out-of-court dispute settlement, which is expected to be fully developed by the end of 2024. The Committee reiterates its request to the Government to amend, in consultation with the social partners, section 360(1) of the Labour Code and to provide information on any developments in this respect.

Collective bargaining in practice. The Committee takes note of the Government’s indication that: (i) 21 collective agreements have been concluded at the national level; (ii) 18 collective agreements have been concluded at the sectoral level; At the unit level, 1,189 collective agreements have been submitted to the State Labour Inspectorate in 2021, 640 in 2022, 629 in 2023and 212 since the beginning of 2024. While taking due note of this information, the Committee notes the absence of indication regarding the number of workers covered by those agreements. The Committee requests the Government to continue to provide statistical information on the number of collective agreements concluded and in force in the country, indicating the sectors concerned and the number of workers covered.