Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Equal Remuneration Convention, 1951 (No. 100) - Republic of Moldova (Ratification: 2000)

1. Legal developments. The Committee notes with interest the adoption of Act No. 5-XVI of 9 February 2006 regarding the assurance of equal opportunities for women and men. It notes in particular that section 10(3)(c) of the Act provides that, to ensure gender equality in the workplace, employers are obliged to provide equal remuneration for work of equal value. Section 11(1)(e) further states that it is discriminatory for an employer to apply different conditions of remuneration based on sex for the performance of work of equal value. Noting the recent legal developments concerning remuneration in the budgetary sector (Decision No. 55/2006, Act No. 148/2006 and Decision No. 431/2006), the Committee asks the Government to provide information on how these instruments take into account the principle of equal remuneration. Furthermore, recalling that section 10(2)(g) of the new Labour Code obliges employers to provide equal payment for work of equal value, the Committee again asks whether the term “payment” covers all the elements of remuneration as defined in Article 1(a) of the Convention. Please also provide information on the practical application of Act No. 5-XVI with respect to its equal remuneration provisions.

2. Article 2. Promotion of the principle of equal remuneration. The Committee understands that the Government adopted a national plan for promoting gender equality for the period 2006–09. It asks the Government to provide information on the activities taken in the context of this plan to promote and ensure the application of equal remuneration for men and women for work of equal value. Please also provide details on the work of the newly created Commission for Gender Equality as it relates to the promotion of the principle of the Convention.

3. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the social partners are involved in the negotiation and setting of wages. Recalling that the Labour Code provides for social partnership in the field of labour, the Committee asks the Government to provide specific details of its cooperation with these organizations with a view to giving effect to the Convention (e.g. cooperation to raise awareness and understanding of the principle of equal remuneration). It also asks how the principle of equal remuneration for men and women for work of equal value is taken into account in the context of collective bargaining.

4. Part III of the report form. Enforcement. The Committee notes the Government’s indication that the principle of equal remuneration is monitored through state and public controls involving the labour inspectorate and trade unions and enforced through the application of a penalty system to deal with labour standards violations. The Government’s report, however, provides no specific details on the methods employed or cases dealt with by the labour inspectorate or trade unions in monitoring the obligation of employers under section 10(2)(g) of the Labour Code to provide equal payment for work of equal value. The Government also states that no cases regarding the application of the Convention have been examined by the courts. The Committee wishes to remind the Government that the lack of equal pay complaints or cases does not necessarily indicate that pay discrimination does not exist in practice but may be due to a lack of knowledge on the part of the labour inspectorate and trade unions to monitor effectively the principle of equal remuneration. The Committee asks the Government to continue to provide information on equal pay complaints and cases and to indicate what measures it is taking or planning to strengthen the current equal pay enforcement mechanisms, including raising awareness of the parties involved.

5. Part V of the report form. Statistical information. The Committee notes the statistics provided by the Government showing a breakdown of the employed population by sector, occupation and sex. It notes, however, that the data does not include information on the levels of remuneration earned by men and women. The Committee hopes that the Government will be in a position to provide statistical information in its next report on the levels of remuneration for men and women in the various sectors, economic activities and occupational groups.

6. The Committee notes the Government’s statement that the districts of Dubăsari, Camenca, Rîbniţa, Grigoriopol and Slobozia do not fall under the scope of the Convention but instead follow their own legislation. The Committee asks the Government to clarify why it considers that Convention No. 100 does not apply to these districts.