Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2025, relating to the discussions held in the Committee on the Application of Standards of the International Labour Conference (the Conference Committee) on the application of the Convention by the Republic of Moldova and the Government’s reply thereto. The Committee also notes the observations of the International Trade Union Confederation (ITUC) and the National Confederation of Trade Unions of Moldova (CNSM), received on 2 and 9 September 2025, respectively, referring to matters examined by the Committee below, as well as the Government’s reply to the ITUC observations.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 113th Session, June 2025)

The Committee notes the discussion that took place in the Conference Committee in June 2025 concerning the application of the Convention by the Republic of Moldova, during which the Conference Committee welcomed the measures taken to resolve interference in union activities in the healthcare sector and, taking into account the discussion, recommended that the Government take measures to initiate a consultation process with the most representative employers’ and workers’ organizations to guarantee the full compliance of the relevant provisions of national law and practice with the Convention, including ensuring that workers’ and employers’ organizations enjoy adequate protection against any acts of interference in their establishment, functioning or administration and to remedy situations where such interference occurs. The Conference Committee invited the Government to follow up on its request for technical assistance of the Office in order to address these recommendations and to report any progress on the measures taken to implement the above recommendations in line with the Convention to this Committee by 1 September 2025.

Articles 1 to 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. Healthcare sector. The Committee recalls that it previously requested the Government to provide its comments on the 2024 CNSM observations alleging serious acts of interference in trade union activities by the administration of the National Centre for pre-Hospital Emergency Medical Assistance. The Committee notes that these matters were discussed at the Conference Committee in June 2025 and also examined by the Committee on Freedom of Association at its November 2025 meeting (see 412th Report, Case No. 3483, paras 642–644) and observes that the Government provided its detailed reply to the allegations raised on both occasions. The Committee observes that the Conference Committee welcomed the measures taken to resolve interference in union activities in the healthcare sector and the Committee on Freedom of Association expressed its expectation that the initiatives reported by the Government (its readiness to continue to provide a platform for discussion and mediation between the parties and the proposal to create a joint fact-finding mechanism) would enable the Government to shed full light on the reported incidents of anti-union discrimination and interference in trade union affairs and to take the necessary measures to address them. In light of the above, the Committee trusts that the Government will act upon these initiatives and will take the necessary action to ensure the full application of Articles 1 and 2 of the Convention with respect to the alleged acts. The Committee requests the Government to provide information in this regard.

Sufficiently dissuasive sanctions. Contravention Code. The Committee notes the Government’s reiteration that section 61 of the Contravention Code provides penalties for hindering the exercise of the right of employees to establish and join trade unions. It further notes the Government’s indication that a draft law amending the Contravention Code, including section 61 to expressly provide for sanctions against interference in trade union activities, endorsed by the competent authorities, was subject to public consultations and should be submitted to parliament after its investiture following the parliamentary elections at the end of September 2025. The Government adds that, during consultations, trade unions emphasized the need for the adoption of effective sanctions against acts of interference while employers supported legal clarity and stability and welcomed the inclusion of protection against interference in freedom of association of employers’ organizations; both social partners endorsed the initial draft as an essential step towards establishing an effective framework for the protection of trade union freedom. The Committee welcomes the Government’s indication that the draft will also cover interference in freedom of association of employers’ organizations and that it introduces two new categories of contraventions relating to acts of interference in union activities – one concerns violations of trade union legislation or any coercion aimed at hindering trade union members from exercising their trade union rights; the second refers to conditioning, coercion or interference aimed at limiting the exercise of duties by elected union officials. It also notes that the draft increases the level of fines, which will range from 30 to 150 conventional units (this equals to Moldovan leu 1,500 (US$89) to 7,500 (US$443)). The Committee further notes the observations of the CNSM and the ITUC in this regard, expressing concern that despite partial inclusion of unions’ proposal in the draft Contravention Code, the national legal framework still lacks appropriate sanctions and mechanisms to address cases of anti-union interference. The Committee further observes that the Committee on Freedom of Association examined allegations of insufficient protection against acts of anti-union discrimination and interference in Case No. 3483 (see 412th Report, November 2025), expressed its expectation that the Contravention Code would be finalized without delay to ensure that the sanctions for anti-union interference cover a wide range of anti-union acts and are sufficiently dissuasive and referred the legislative aspects of the case to this Committee. In light of the above, the Committee trusts that the amendments to the Contravention Code will be adopted without delay and will strengthen the sanctions regime to cover all acts of interference in the internal affairs of trade unions and employers’ organizations, in line with the Convention. Further observing that despite the proposed notable increase in the amount of fines for acts of interference, these may still not be sufficiently dissuasive (the maximum fine is proposed to be raised from US$125 to US$443), the Committee encourages the Government to pursue a dialogue with the social partners to consider further increasing these sanctions. The Committee requests the Government to provide information on any developments in this regard.

Article 4. Compulsory arbitration. In its previous comments, the Committee requested the Government to amend section 360(1) of the Labour Code to ensure that referral of a collective bargaining dispute to the courts is possible only in limited situations that are compatible with the Convention. The Committee also noted that a new draft law, the Mediation Act and the Statute of the Mediator, as well as a mechanism for out-of-court dispute settlement were being developed. The Committee notes the Government’s indication that, at a tripartite meeting in August 2025, the Government sought the opinions of the social partners on the revision of section 360(1) of the Labour Code and that the CNSM considered that such amendments could lead to deadlocks, especially in cases where the employers did not wish to take a dispute to court and therefore did not support such amendments. The Committee further notes the lack of information from the Government on the previously reported draft law on mediation or on initiatives to develop an out-of-court dispute settlement mechanism and observes the views of the ITUC that the social partners wish to be involved in the development of such a mechanism. In light of the above, the Committee encourages the Government to engage in consultations with the social partners with a view to establishing an out-of-court dispute settlement mechanism and requests the Government to provide information on any developments made in this regard. The Committee requests the Government once again to take the necessary measures to amend section 360(1) of the Labour Codeto bring it in line with the Convention 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 the limited situations compatible with the Convention, that is in essential services in the strict sense of the term; in disputes involving public servants engaged in the administration of the State; in situations when, after protracted and fruitless negotiations, it becomes obvious that the deadlock will not be broken without some initiative by the authorities; or in the event of an acute crisis.

Collective bargaining in practice. The Committee previously requested 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. The Committee notes the Government’s indication that: (i) the total collective bargaining coverage is at about 38.5 per cent, representing 241,094 workers; (ii) the highest collective bargaining coverage is in the cultural sector (99.5 per cent), followed by the education sector (87.35 per cent), the healthcare sector (56.896 per cent), agriculture (47.9 per cent), the transport sector (26.15 per cent) and the construction sector (13.09 per cent); (iii) to increase the overall level of coverage, a National Plan for the Growth of Collective Bargaining for the years 2025-2030 is being developed and will include a revision of the legislation on collective bargaining and the applicability of collective bargaining agreement clauses; (iv) in August 2025, the Government convened a tripartite working meeting to identify existing obstacles and determine necessary measures to ensure that national legislation and practice are fully aligned with the Convention, the outcome of which was agreement to focus on the preparation, consultation and adoption of normative measures to address issues raised above; and (v) at the meeting of the Supervisory Committee of the Decent Work Country Programme 2025–27, the Government highlighted the need for capacity-building and enhanced expertise to effectively implement and monitor labour standards and requested technical assistance from the Office to address these needs, including on the proposed revision of section 61 of the Contravention Code. Welcoming these initiatives, the Committee trusts that, with the technical assistance of the Office, the Government will be able to report progress in this regard and 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.