Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Republic of Moldova (Ratification: 1996)

The Committee notes that the Government’s report contains no reply to its previous comments. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in October 2013, in reply to its 2009 direct request. The Committee notes that Government Decision No. 285 of 30 May 2013 establishes a new formula for calculating the size of the existence minimum which is the sum of the valued size of the food basket, the costs for purchasing industrial goods and for the payment of services rendered to the population as well as the size of bonuses and mandatory contributions. According to the Government, in 2012, the size of the minimum existence per person amounted to 1,507.50 Moldovan leu (MDL), revealing an increase of 0.3 per cent, compared to 2011, and 26.9 per cent, compared to 2009. The Government indicates that the provisions relating to labour mobility are contained in section 20 of Law No. 102 XV of 13 March 2003 on employment and social protection of persons seeking employment which envisages the payment of a unique allowance for employment, when the location selected by the agency is either 30 km away from the worker’s place of residence or when it warrants for an actual change of residence. Activities in the framework of the stimulation of labour mobility are expected to resume in 2014; they had to be suspended in 2010 due to lack of funds. The Committee invites the Government to continue to submit information which would enable it to have an overview of the manner in which the “improvement of standards of living” is treated as “the principal objective in the planning of economic development” (Article 2 of the Convention). The Committee invites the Government to continue to report on how family needs of workers have been taken into account in the framework of a social policy implemented in accordance with the Convention (Articles 5–6).

Article 8(3). The Government indicates that bilateral agreements on labour migration have been signed with the Governments of Italy, in July 2011; an agreement on the temporary hiring of Moldovan workers in certain sectors was signed with Israel, in October 2012; furthermore, the internal procedures for the signature of an agreement, with the Russian Federation, on cooperation in labour migration and temporary labour activity, were completed in 2012. Moreover, while negotiations on the draft agreement with Bulgaria for the regulation of labour migration flows were launched in 2009, the negotiations did not take place due to the global crisis. The Committee invites the Government to continue to provide information on any agreements that have regulated matters arising in connection with the application of the Convention, and in particular on agreements including provisions to enable workers to remit their wages and savings.

Part IV. Remuneration. In reply to the 2009 direct request, the Government indicates that the tariff payment system has been regulated at branch level with the establishment of tariff network in collective conventions, and at enterprise level in the collective working contract. The Government refers to five collective conventions, establishing the tariff salary for the first qualification category. It further indicates that collective conventions at branch level are published in the Official Gazette. The Committee requests the Government to continue to provide information on the measures taken or envisaged to give effect to the questions of principle referred to in Article 10(3) and (4) and Article 11(1) and (7).

Advances on the remuneration of workers. The Government indicates that the Labour Code does not regulate the payment of advances to the employee’s account, the maximum amount of advances permitted; however, section 148 of the Labour Code provides for the withholding of amounts of pay for the purposes of reimbursement. The Committee invites the Government to indicate the measures envisaged or adopted to determine the maximum amount and manner of repayment of advances on wages in accordance with Article 12.

Voluntary forms of thrift. The Committee again requests the Government to indicate the measures taken to encourage voluntary forms of thrift among wage earners and independent producers and to protect wage earners and independent producers against usury.