Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Labour Inspection Convention, 1947 (No. 81) - Republic of Moldova (Ratification: 1996)

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee notes that, in March 2015, the Governing Body adopted the report of the tripartite committee set up to examine the representation alleging non-observance by the Republic of Moldova of the Convention submitted under article 24 of the ILO Constitution by the National Confederation of Trade Unions of Moldova (CNSM) (GB.323/INS/11/6). On the basis of this report, the Governing Body invited the Government to take such measures without delay as might be necessary to ensure the effective implementation of Articles 12 and 16 of the Convention, and entrusted this Committee with following up on the issues raised in the report. In this respect, the Committee notes that the representation concerned the compatibility of Law No. 131 on state control of entrepreneurial activities, which applies to the activities of 33 state institutions, with the Convention. While the state labour inspectorate had previously been regulated by the Law No. 140 on state labour inspection, since 2012, it has also been subject to the provisions of Law No. 131. The Governing Body invited the Government to consider availing itself of ILO technical assistance, particularly with regard to the further elaboration of amendments to Law No. 131. In this regard, the Committee notes that a tripartite workshop was held in July 2015, with ILO assistance, to follow-up on the findings of the report of the tripartite committee. At that workshop, the representatives of workers, employers and the Ministry of Labour, Social Protection and Family adopted conclusions stating that there was a need to take steps to bring the legal framework into conformity with the Convention, and that Laws Nos 131 and 140 should be reviewed in light of the conclusions of the report adopted by the Governing Body.

Article 12 of the Convention. Unannounced inspection visits. The Committee notes that the report of the tripartite committee found that the application of Law No. 131 to the State Labour Inspectorate raised issues of compatibility with Article 12 of the Convention, in restricting the free access of labour inspectors to undertake inspections. Particularly, the report of the tripartite committee noted that section 18(1) of Law No. 131 provides that a notice of the decision to carry out a control shall be sent to the entity subject to control at least five working days prior to the carrying out of the control. Section 18(2) provides that this shall not apply in the case of an unannounced control, and section 19 outlines the specific limited circumstances under which an unannounced control can be undertaken irrespective of the established schedule of control. In this regard, the tripartite committee’s report stated that the restrictions on the undertaking of unannounced inspections contained in sections 18 and 19 of Law No. 131 were incompatible with the requirements in Article 12(1)(a) and (b) of the Convention. In addition, the Committee notes that the conclusions adopted in July 2015 affirmed that the national legislation should be reviewed in light of the conclusions of the tripartite committee, and contained two proposals on how the national legislation should be reviewed. Recalling the importance of fully empowering labour inspectors to make visits without previous notice, in order to guarantee effective supervision, the Committee urges the Government to pursue its efforts to amend Law No. 131 to ensure that labour inspectors can make visits without previous notice, in line with Article 12(1)(a) and (b). It requests the Government to provide information on the measures taken and to provide a copy of any legislative texts adopted in this regard.

Article 16. Undertaking of inspections as often as is necessary to ensure the effective application of the relevant legal provisions. The Committee notes that the tripartite committee examined section 14 of Law No. 131, which provides that control bodies are not entitled to perform a control of the same entity more than once in a calendar year, with the exception of unannounced inspections. Section 15 provides that each authority with supervisory functions shall develop a quarterly schedule for inspections, and that it is not permitted to alter this schedule or perform an inspection not foreseen in the schedule. In this respect, the tripartite committee’s report stated that the undertaking of inspection visits according to a schedule is not incompatible with the Convention, to the extent that this schedule does not preclude the undertaking of a sufficient number of unscheduled visits. However, the report also stated that the particular limitations on the carrying out of unscheduled inspections contained in section 19 of Law No. 131 constituted an impediment to the carrying out of inspections as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Further, the report indicated that the limitations contained in section 3(g) of Law No. 131, that inspections can only be carried out when other means to verify compliance with the law have been exhausted, appeared not to be compatible with the principle contained in Article 16 of the Convention. The Committee urges the Government to pursue its efforts, in the context of reviewing the national legislation in light of the conclusions of the tripartite committee, to ensure that the national legislation is amended to allow for the undertaking of labour inspections as often as is necessary to ensure the effective application of the relevant legal provisions, in conformity with Article 16 of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.