Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Republic of Moldova (Ratification: 1996)

The Committee notes the observations of the National Trade Union Confederation of Moldova (CNSM) received on 21 December 2017 referring to the issues dealt with by the Committee below.

Articles 1 and 2 of the Convention. Sanctions against acts of anti-union discrimination and interference. For a number of years, the Committee had been requesting the Government to take measures aimed at strengthening the existing sanctions so as to ensure effective protection against acts of anti-union discrimination and interference. In its previous comment, the Committee noted the Government’s indication that the Contravention Code was amended in 2016 so as to increase the value of the conventional unit used to calculate the amount of fines from 20 to 50 Moldovan Leu (MDL) (section 34(1) of the Code). The Committee further noted that: section 54(2) of the Code, dealing with various forms of discrimination in employment and occupation, provides for fines ranging from 60 to 240 conventional units (US$170–685); section 55(1) dealing with violation of labour legislation, provided for fines ranging between 60 and 270 conventional units (up to US$770); and section 61 dealing with obstruction of workers’ right to establish and join trade unions, provided for fines ranging from 24 to 42 conventional units (up to US$120). While welcoming the increase of the value of the conventional unit, the Committee noted that the CNSM considered that the fines provided for obstruction of workers’ right to establish and join trade unions were not sufficiently deterrent. The Committee therefore requested the Government to review the above fines and other types of sanctions in consultation with the social partners, in order to ensure effective protection against acts of anti-union discrimination and interference. Regretting that the Government’s report does not address this issue, the Committee reiterates its previous request and asks the Government to indicate all progress made in this regard.

Article 4. Compulsory arbitration. The Committee had previously requested the Government to take the necessary measures to amend section 360(1) of the Labour Code so as to ensure that referral of a collective bargaining dispute to the courts is possible only upon request by both parties to the dispute, or in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term and acute national crisis. The Committee recalls in this respect that it had noted the Government’s indication that a tripartite working group was working on a draft law for amicable settlement of collective labour disputes, which would address this issue. While noting the CNSM indication that the tripartite working group has not yet achieved any results and that the draft has not been finalized, the Committee noted the Government’s indication that the process of adoption of the draft law was stopped altogether with the adoption, in July 2015, of the Law on Mediation. The Committee noted, however, that the Law on Mediation did not deal with the issue at hand. In the absence of any new information, the Committee reiterates its previous request to amend section 360(1) of the Labour Code, in consultation with the social partners, so as to bring it into conformity with the Convention and promote free and voluntary collective bargaining. The Committee requests the Government to provide information on the progress made in this regard.

Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements signed and in force in the country and to indicate the sectors and levels concerned, as well as the number of workers covered.