Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Protection of Wages Convention, 1949 (No. 95) - Republic of Moldova (Ratification: 1996)

The Committee notes the report of the Government and the replies provided to the points raised in its previous direct request.

Article 2, paragraphs 2 and 4, of the Convention. With regard to the two categories of workers currently excluded from the scope of the Convention, namely domestic workers and persons employed in individual agricultural enterprises, the Committee notes the Government’s explanations to the effect that these categories are not regulated since at the time of the adoption of the Labour Code salaried posts in the employment of private persons were not existent and even at present are rather infrequent. The Government states, however, that this type of employment, including work in farms, is now regulated in Chapter VIII of the new Labour Code, Act No. 154-XV of 28 March 2003, which entered into force on 1 October 2003, and therefore the Government intends to extend the application of the provisions of the Convention in the coming years to cover the persons employed in individual agricultural enterprises as well as those employed in domestic work. The Committee hopes that the Government will be in a position in its next report to indicate that domestic workers and employees in privately owned farms are no longer excluded from the coverage of the Convention.

Articles 6 and 7. The Committee notes the Government’s statement that the amendment of section 31(1) of the Wages Act is envisaged to specifically provide that employers are prohibited from limiting in any manner the freedom of workers to dispose of their wages. The Government also announces its intention to insert new provisions in the Wages Act to regulate the operation of works stores in accordance with the relevant provisions of the Convention. The Committee trusts that the Government will take the necessary action shortly. It therefore requests the Government to provide information in its next report on any progress made in this respect and to transmit the text of any amended provisions as soon as adopted.

Article 16 and Part V of the report form. The Committee takes note of the Government’s information concerning the situation in the Transnistrian region of the Republic of Moldova and the ongoing negotiations in common with the Russian Federation, Ukraine and the Organization for Security and Cooperation in Europe (OSCE) with a view to finding a peaceful solution to the conflict. The Committee requests the Government to continue to provide, in accordance with Article 16 of the Convention and Part V of the report form, general information on the practical application of the Convention, including for instance extracts from official reports, statistics or surveys referring to matters dealt with in the Convention, as well as any other particulars which would facilitate the Committee’s task to supervise the observance of the standards set out in the Convention.