Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Termination of Employment Convention, 1982 (No. 158) - Republic of Moldova (Ratification: 1997)

The Committee notes the information contained in the Government’s detailed report for the period ending August 2001, including information provided in response to previous comments concerning Articles 7, 9, 10, 11, 12 and 13(2) of the Convention. It would appreciate receiving further information on the following points.

Article 2, paragraphs 2(a) and 3, of the Convention. With reference to previous comments, the Government states that section 26 of the Collective Agreement for 2001 allows for fixed-term contracts only when the work is of a temporary nature, or is a limited task, or is seasonal, or is work in the public service, or at the request of the worker, or in other cases permitted by law. section 16 of the Labour Code also permits the conclusion of special limited-term contracts in certain conditions. The Committee requests further information on any of the other cases permitted by law which are not listed above as well as on the safeguards which exist to prevent abuse of fixed-term contracts, and the percentage of the workforce covered by fixed-term contracts.

Articles 4 and 5. The Committee notes the list of valid reasons for dismissal provided by the Government in response to previous comments. It requests further information on whether section 263 of the Labour Code, which permits the establishment of other reasons, has been utilized.

Article 13, paragraph 1(b). The Committee notes the information provided by the Government on section 45(2) of the Labour Code and the collective agreements for 2001. It again requests information on whether employers are obliged to provide workers’ representatives with the opportunity to consult on measures to be taken to avert or to minimize the terminations, and measures to mitigate the adverse effects of any terminations on the workers concerned.

Part V of the report form. The Committee notes that there were 627 cases filed concerning unjustified dismissal and in 442 cases the workers were subsequently reinstated. The Committee would appreciate continuing to receive information on the manner in which the Convention is applied in practice.