Employment Policy Convention, 1964 (No. 122) - Republic of Moldova (Ratification: 1996)

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

The Committee notes the report of the Government received in 2019, as well as additional information received in 2020.

COVID-19 pandemic. Socio-economic impact. Response and recovery measures. The Committee notes the measures taken by the Government to mitigate the effects of the pandemic, including granting a 100 per cent reimbursement of payroll taxes to businesses required to close down due to force majeure measures and a 60 per cent reimbursement for other non-operational businesses, the introduction of expanded unemployment benefits for both insured and uninsured persons and the payment in full of workers’ salaries in non-operational public units. The Committee invites the Government to provide updated information in its next report on the impact of response and recovery measures taken with a view to implementing the objectives of the Convention.

Articles 1 through 3 of the Convention. Implementation of an active employment policy. Consultation of the social partners. In its previous comments, the Committee requested the Government to provide information on the active employment measures adopted and implemented, and their impact in terms of full, productive and sustainable employment. In its response, the Government reports on the measures taken in 2018–19 by the National Employment Agency (NEA) and its territorial employment subdivisions (TES), including vocational training, job fairs, and career guidance services. The Committee welcomes the adoption of the National Employment Strategy (NES) 2017–21 and its National Action Plan 2018 (NAP 2018). The main objectives of the NEA Action Plan 2018 include raising awareness concerning the services and employment measures provided by the NEA, improving the quality and accessibility of these services, increasing the number of jobseekers placed in employment by the NEA, improving collaboration with employers, and carrying out a planned reform of the employment system. In the context of this reform, the NEA now implements a new portfolio of active labour market measures provided for under the Promotion of Employment and Unemployment Insurance Act (No. 105/2018). The Committee also notes the information provided by the Government in its report on the application of the Employment Service Convention, 1948 (No. 88), in which it indicates that the Tripartite Council of the NEA, which has an advisory role, ensures social dialogue at the national level in implementing the national employment policy, while tripartite councils advise the TES throughout the country. The Government refers to 80 meetings of the TES advisory councils held to examine local labour market issues, as well as to new partnerships created between the NEA and various stakeholders in 2018. In addition, in response to its previous comments requesting statistical information on employment trends, the Committee notes with interest the detailed statistics provided by the Government on employment, unemployment and underemployment trends during 2017–19. The Committee notes that the overall unemployment rate in the country fell from 4 per cent in 2017 to 3 per cent in 2018, before increasing to 5.1 per cent in 2019. It further notes that the overall employment rate stood at 40.1 per cent in 2019, with a markedly higher employment rate for men than for women (44.2 per cent compared to 36.5, respectively). In 2020, according to the Moldovan Statistical database, the overall employment rate fell to 38.8 per cent (43.1 per cent for men and 35 per cent for women). The overall unemployment rate in 2020 fell to 3.8 per cent, with a slightly higher unemployment rate for men than for women (4.3 per cent and 3.2 per cent, respectively). The Committee requests the Government to provide detailed updated information on the results achieved through the implementation of the NES 2017–21, including through the active labour market measures undertaken pursuant to Act No. 105/2018. The Committee also invites the Government to include information on the challenges encountered and the lessons learned, as well as to continue to provide statistical information on employment, unemployment and underemployment trends, disaggregated by age, sex and region. The Committee further requests the Government to provide information on the development, implementation, monitoring and review of the new national employment policy after the expiry of the NES 2017–21, and on the manner in which consultation with the social partners and their participation in this process is ensured.

Young persons, women and migrants. The Committee notes the information provided by the Government on the impact of labour market measures aimed at meeting the employment needs of young persons, women and persons with a migration background. The Government reports on measures taken by the NEA and the TES to promote the employment of young persons in 2018, including the organisation of job fairs and campaigns to raise awareness of TES services available to young jobseekers. It adds that the unemployment rate for young persons between the ages of 15-24 is double that of the overall unemployment rate at country level (10.4 per cent compared to 5.1 per cent). The Government also reports that, in 2019, the share of youth not in employment, education or training (NEET) in 2019 constituted 19.5 per cent of the total population of young people aged 15-24, 27.4 per cent of those aged 15–29, and 30.8 per cent of those aged 15-34, with a substantially higher proportion of women than men in this category (40.3 per cent compared to men at 21.2 per cent). With respect to the employment of women, the Committee notes that, in its 2017 comments, the UN Committee on Economic, Social and Cultural Rights expressed concern at the persistent gender role stereotypes and care responsibilities assigned predominantly to women in the Republic of Moldova, which prevent them from pursuing their professional careers, as well as the very low representation of women in decision-making positions in the public and private sectors (document E/C.12/MDA/CO/3, 19 October 2017, paragraph 24). In this context, the Committee observes that, according to 2020 data from the ILOSTAT database, the labour force participation rate continues to be lower for women than for men (36.1 per cent and 45.1 per cent, respectively). With regard to equality of opportunity and treatment between men and women the Committee also refers to its 2020 comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning occupational segregation, in which the Committee observed that, in its reports to CEDAW, the Government indicated that masculinization and feminisation of professions remains a challenge in both the educational system and the labour market, with women being under-represented in areas as information technologies, construction, industry and agriculture (CEDAW/C/MDA/6, 24 January 2019, paragraph 183). The Government reported to the CEDAW Committee that it has taken measures to combat stereotyped visions of male and female occupations, including through the “GirlsGoIT” project, which aims to provide young girls, including from rural areas, better employment opportunities in the STEM sector (science, technology, engineering and mathematics) (CEDAW/C/MDA RQ/6, 10 December 2019, paragraphs 71, 100). In addition, the Committee notes the information provided by the Government concerning measures taken to support the social and economic reintegration of migrant workers from the Republic of Moldova returning from employment abroad. The Committee notes in this regard that one of the main objectives of the NEA’s Action Plan 2018 is to promote the labour market integration of migrant workers, including those returning from abroad. The Government indicates that, in 2018, 1,144 returning migrants were registered at the territorial employment agencies, of which 30 per cent were women. The Committee requests the Government to continue to provide information, including updated statistical information, disaggregated by age and sex, on the impact of labour market measures aimed at meeting the employment needs of young persons, women and workers with a migration background, including workers returning from abroad. In addition, the Committee requests the Government to provide information with respect to measures taken or envisaged to combat stereotypes leading to gender-based occupational segregation, such as the GirlsGoIT project, including detailed updated information concerning the impact of such measures.

Persons with disabilities. With respect to the impact of measures taken to promote the employment of persons with disabilities in the open labour market, the Committee notes the Government’s indication that, in 2018, 623 persons with disabilities were registered as unemployed with the NEA, out of which 275 were placed into employment. The Government also indicates that, in 2018, the TES concluded contracts for public works with some 1,900 unemployed people, of which three per cent were persons with disabilities. The Government provides information concerning other services provided by the NEA to persons with disabilities in 2018, including professional rehabilitation services for unemployed persons with locomotor disabilities and the launch of the CASPER platform, an electronic career guidance tool. The Committee notes, however, the concerns expressed by the Committee on the Rights of Persons with Disabilities in its concluding observations on the initial report of the Republic of Moldova regarding significant unemployment and economic inactivity rates among persons with disabilities, observing that national employment strategies and relevant agencies do not adequately facilitate and promote the employment of persons with disabilities or implement the minimum five per cent mandatory employment quota for persons with disabilities. In addition, it expressed concern that the employment of persons with disabilities is generally oriented towards segregated workplaces (CRPD/C/MDA/CO/1, 18 May 2017, paragraph 48). The Committee requests the Government to provide updated detailed information on the measures taken to promote the employment of persons with disabilities on the open labour market, including statistical data on the impact of such measures.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1–3 of the Convention. Implementation of an active employment policy. Consultation of the social partners. The Committee notes the information provided by the Government on the implementation of its National Employment Strategy and Employment Policies (NES) for 2007–15, which continued to focus on job creation through promotion of entrepreneurship, targeting rural areas, young graduates of foreign educational institutions, migrants having returned from abroad, unemployed persons generally, women and disadvantaged persons. The Government indicates that the impact of small and medium-sized enterprises (SMEs) on economic growth has increased, with SMEs now comprising 97.4 per cent of the total number of enterprises in the country and providing 56.2 per cent of existing jobs in the economy. The Committee further notes the involvement of the social partners in the development and promotion of policies to liberalize the regulatory and fiscal framework for SMEs aimed at supporting their capacity to expand into larger companies, generating additional jobs in the long term. Activities implemented under the NES also include the promotion of lending programmes aimed at facilitating access of SMEs to funding of customized training programmes and grants aimed at developing and promoting an entrepreneurial culture. The Committee notes that, in 2014, SMEs that had received grants from the Credit Guarantee Fund (CGF), managed by the Organization for Development of Small and Medium-Sized Enterprises (ODSME), created 23,967 new jobs. The Government indicates that, as a result of funding granted under the CGF, 223 new businesses were created, of which 83 are managed by women. The Government indicates, however, that the number of registered unemployed persons increased from 43,463 in 2013 to 50,612 in 2015, and that State budgetary constraints have affected the financing of projects and programmes, including training programmes, organized by the ODSME. The Committee requests the Government to continue to provide information on active employment measures adopted and implemented and on their impact in terms of full, productive and sustainable employment. The Committee also requests the Government to provide updated statistical information on the situation, level and trends of employment, unemployment and underemployment for the population as a whole as well as for particular groups of workers. The Committee further requests the Government to continue to provide information on the consultations held with the social partners and their participation in policy formulation and decision-making in relation to matters covered by the Convention.

Young persons, women and migrants. The Government indicates that in 2015, there were 16,336 young registered unemployed persons (16–29), 65 per cent of whom were located in rural areas. The Committee notes the training measures under the National Programme for Economic Empowerment of Youth (NPEEY), which is targeting young persons in rural areas. In 2015, despite financial constraints, in the framework of the Programme for Attracting Remittances in the Economy, the ODSME provided 2,179 consultations and eight entrepreneurship training sessions, in which 198 migrants participated. Consultations and training sessions were provided under the NPEEY to 1,110 young entrepreneurs, of which 41 per cent were young women. The Government indicates that it has become increasingly difficult for unemployed youth to find employment, as shown in the decline of after-training placements from 86 per cent in 2014 to 78 per cent in 2015. The Government is attempting to increase the integration of young people into the labour market by promoting new online labour market information tools to assist them in locating employment. The Committee further notes that, under the Programme for Attracting Remittances in Economics, 49 per cent of the grants distributed to SMEs up to 16 March 2015 went to businesses managed by young persons up to 35 years of age, while another 27 per cent benefited enterprises founded and/or managed by women. In 2015, the CGF run by the ODSME managed 128 active grants. Of the collateral portfolio assets managed by the CGF, 30 per cent were awarded to businesses managed and/or funded by women and 63 per cent to businesses created by young persons. Moreover, under the Network of Business Incubators, 155 companies have been established – 34 per cent of which are run and/or created by women and 51 of which are managed by young persons – creating 643 jobs of which 39 per cent are for young persons. The Committee requests the Government to continue to provide information, including updated statistical information, on the impact of labour market measures aimed at meeting the employment needs of young persons, women and persons with a migration background.

Persons with disabilities. The Committee notes the National Employment Agency’s cooperation with organizations of persons with disabilities, which seeks to improve the integration of persons with disabilities into the labour market. It further notes that in 2015, 877 persons with disabilities were registered as unemployed – equivalent to 1.73 per cent of the total number of registered unemployed, of which 340 (38.8 per cent) were women. The Government indicates that, in 2015, 300 persons with disabilities (34.2 per cent of those registered as unemployed) received support and were placed in employment. The Government indicates that, due to the implementation of Law No. 60 of 30 March 2012 on the social inclusion of disabilities, there has been an increase in the number of persons with disabilities that have registered with the territorial employment agencies with the aim of taking up employment. The Committee notes the launch in 2014 of vocational rehabilitation services for persons with disabilities. The Government indicates that nine training seminars were organized in 2014–15 to increase the capacity of specialists of the territorial employment agencies responsible for providing employment services to persons with disabilities and, in 2015, for the first time, the territorial employment agencies organized awareness-raising campaigns focusing on social and economic inclusion of persons with disabilities. The Committee requests the Government to continue providing information on the impact of the measures taken to promote the employment of persons with disabilities in the open labour market.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee notes the Government’s report received in October 2013 in reply to the 2011 direct request. The Government indicates that the adoption of legislative reforms, the introduction of a scholarship programme for the unemployed who follow a training course, and the promotion of programmes to increase the level of self-employment, are among the labour market measures adopted during the 2010–12 period. Since the introduction of the scholarship scheme, approximately 2,000 unemployed persons annually have undertaken training provided by employment agencies, and there have been 3,400 recipients in total. Moreover, the Organization for Development of Small and Medium Enterprises (ODSME) has facilitated entrepreneurs’ access to information and financial resources, in order to start up a business or develop an existing one; the training programme “Efficient Business Management” has annually trained an average of 1,500 people. As regards job creation in the rural sector, the Agency for Payments and Intervention in Agriculture manages a farmers’ subsidy fund that supports investments in agriculture. The Committee notes from the information provided in the Government’s 2013 report on the application of the Human Resources Development Convention, 1975 (No. 142), that in 2012, the unemployment rate at the national level was measured at 5.6 per cent. Among young people (15–24 years), the unemployment rate amounted to 13.1 per cent (9.9 per cent for those aged between 15–29 years). In 2012, the National Employment Agency had registered 51,378 unemployed persons, young people amounted to 40.9 per cent of them. The Committee notes that the economically active population was approximately 1,214,500 persons in 2012, having decreased by 3.4 per cent when compared to 2011. The share of men (50.9 per cent) slightly exceeded that of women (49.1 per cent), while the share of economically active persons in rural areas was higher than in urban areas (50.8 and 49.2 per cent, respectively). The Committee invites once again the Government to provide information on the results of its National Employment Strategy and on the impact of the labour market measures taken, aimed at generating productive employment.

Youth employment. The Committee notes that young unemployed persons are directed towards vocational training; 1,800 persons aged 16–29 years are trained annually, out of whom 73.2 per cent are hired upon completion of their vocational training course. Moreover, the National Programme for Economic Empowerment of Youth (NPEEY), which aims to promote and facilitate the involvement of young people in rural areas, has funded 1,005 projects for young beneficiaries. The Committee notes that, following the public policy proposal developed by the Ministry of Labour, the Government is currently working on an initiative that will focus on encouraging employers to hire young people by granting a subvention equal to a minimum wage, during six months. The Committee invites the Government to provide information on the impact of the measures implemented in terms of generating productive and lasting employment opportunities for young workers.

Persons with disabilities. The Committee notes the adoption of the 2010–15 Strategy for Social Inclusion of Persons with Disabilities and the existence in Chisinau of two specialized vocational secondary institutions for persons with disabilities. The Committee also notes the Government’s indication that further analysis of the situation of persons with disabilities in the labour market showed that businesses are reluctant to hire persons with disabilities. The Government indicates that, out of the 494 persons with disabilities registered at the National Employment Agency, only 102 were placed in employment. The Committee notes that proposals to amend the legislation, consisting of new active labour market measures, have been prepared. The Committee invites the Government to continue providing information on the effectiveness of the measures undertaken in order to ensure the integration of persons with disabilities in the open labour market.

Article 3. Consultation of the social partners. The Committee notes that the social partners and relevant NGOs have participated in the public discussions organized on topics such as the annual action plan on employment, social protection and family in combating informal employment, and proposed amendments to the employment legislation. The Committee invites the Government to provide other examples of the manner in which the social partners are effectively consulted and participate in decision-making regarding the matters covered by the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee notes the Government’s report received in September 2010, which includes detailed replies to the 2009 direct request. The Committee notes that the annual plans of action for employment, approved by the Government as part of the National Employment Strategy for 2007–15, have led to the adoption of numerous measures designed to promote full employment with, inter alia, the implementation of vocational training, employment market analyses and worker support services. As a result of these initiatives, 4,000 persons took training courses in 2009, and more than half of them subsequently found jobs. The National Bureau of Statistics of the Republic of Moldova reports an increase in the unemployment rate from 5.7 per cent in the third quarter of 2009 to 6.2 per cent in the last quarter of 2009. According to the ILO data, the unemployment rate amounted to 7.4 per cent of the population, with men worse affected than women (8.9 per cent and 5.7 per cent, respectively). This deterioration has mainly resulted from numerous bankruptcies and mass redundancies due to the economic and financial crisis. The Government emphasizes how it is difficult in such a situation to adjust and develop employment support policies, largely as a result of the lack of funds and limited capacity at the disposal of the National Employment Agency. A number of initiatives have been planned, however, with a view to minimizing the impact of the crisis on employment, especially at the local level, with the renovation of a number of territorial agencies, and also the transmission of employment market data to regional and central authorities. The Committee invites the Government to provide information in its next report on the results of its National Employment Strategy and the various measures aimed at limiting the impact of the crisis on unemployment, especially with regard to the most vulnerable categories of the population.

Youth employment. The Government indicates a general decline in the employment rate for the 15–25 years age group, with the exception of women in urban areas, and also a significant increase in the unemployment rate for all the categories concerned since 2008. It also emphasizes a high rate of inactivity among young people in rural areas, largely due to scarce job opportunities and harsh conditions of work. Following on from actions undertaken in 2008, the National Youth Strategy was launched in 2009 for a six-year period. Under this strategy, the National Employment Agency and its local offices provided support for more than 17,700 young jobseekers in the form of vocational guidance. Due to a lack of information on the benefits offered, the number of young persons inclined to register as unemployed is still very low, and the majority of them are thus unable to benefit from any proposed assistance. Other structures have therefore been established, including the Employment market information centre and the Labour club, which held 329 sessions in 2009 and enabled young persons to improve their jobseeking techniques. The Committee invites the Government to indicate in its next report the results achieved in promoting the integration of young persons in the labour market, particularly in the context of the National Youth Strategy 2009–15.

Persons with disabilities. The Government indicates that in 2009 a total of 711 persons with disabilities submitted applications to the National Employment Agency and local offices, 81 of whom were subsequently placed in jobs. A total of 219 persons with disabilities, including 98 women, made use of information and vocational guidance services. A large number of disabled persons were also recruited in the context of public works or made use of mediation services established by the Government. The Committee further notes the introduction, under the Government Activity Programme for 2005–09 entitled “Modernization of the country/welfare of the people”, of a clause relating to pilot centres for the integration of vulnerable persons in the labour market. This provision, adopted under the Moldovan–Swedish joint project entitled “Support to public employment services in Moldova”, enabled improved cooperation between the National Employment Agency and 179 persons with disabilities, of whom more than 21.8 per cent were subsequently employed. The Committee invites the Government to include information in its next report on the impact of the measures taken to ensure the integration of persons with disabilities in the open labour market.

Victims of trafficking. The Committee notes the setting up of the project for the elimination of trafficking of persons from the Republic of Moldova and Ukraine by means of labour market policies, implemented in cooperation with the ILO and funded by the European Commission. The programme has resulted in the establishment of three information centres on migration and also three employment assistance agencies, with the respective aims of informing the public about the risks connected with illegal immigration and about available employment opportunities. A cooperation agreement between the Ministry of Economy and Trade and the International Organization for Migration (IOM), concluded in 2006, enabled the provision of active assistance for jobseekers who had been victims of trafficking in 2009. By way of example, the local offices of the National Employment Agency worked with seven actual victims and seven potential victims of trafficking, over half of whom were selected for training sessions. A total of 18 beneficiaries also received reintegration allowances and all the victims who registered regularly with the National Employment Agency also received free medical insurance. The Committee invites the Government to continue to provide information on the measures taken in the context of an active employment policy to prevent abusive practices in the recruitment of labour and the exploitation of migrant workers in the Republic of Moldova.

Consultation of the social partners. The Government indicates that the legislation relating to the employment and social protection of jobseekers focuses specifically on strengthening social dialogue. For example, the Government recalls the concept for development of the system of social dialogue, approved by Government Decision No. 356 of 1999. The Moldovan–Swedish project also enabled the development of a strategy for strengthening social dialogue. In addition, a total of 146 local advisory council meetings took place in 2009, with a view to implementing the plan of action supervised by the national employment offices. The Committee invites the Government to provide other specific examples of the manner in which the social partners are effectively consulted and participate in decision-making regarding the matters covered by the Convention. The Committee also invites the Government once again to provide information on the measures taken or contemplated to involve the representatives of other sectors of the active population, such as persons working in the rural sector or the informal economy, in such consultations.

Part V of the report form. ILO technical assistance. The Committee notes the information supplied regarding other technical cooperation projects, such as the project launched in 2009 entitled “Strengthening the Moldova capacity to manage labour and return migration within the framework of the mobility partnership with the EU”. This cooperation has resulted in the establishment of information seminars on migration bringing together experts from the National Employment Agency and its local offices, the Ministry of Economy and Trade, and the Ministry of Foreign Affairs and European Integration. The Committee invites the Government to continue to provide information on the manner in which ILO technical assistance has contributed towards achieving the goals of full, productive and freely chosen employment laid down by the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

1. Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee notes the Government’s report received in October 2008, including detailed replies to the Committee’s previous comment. The Committee notes that, according to information published by the National Bureau of Statistics of the Republic of Moldova, the rate of unemployment increased from 3.6 per cent in the third quarter of 2008 to 3.9 per cent in the following quarter. The Government indicates that it endorsed the National Employment Strategy for 2007–15, which seeks to achieve four long-term objectives: (i) to achieve sustainable economic growth and reduce poverty by strengthening social cohesion and equity in the labour market; (ii) to improve the Republic of Moldova’s competiveness by enhancing human capital and workers’ adaptability to the changing requirements of the labour market; (iii) to align the Republic of Moldova’s human and economic development standards to European benchmarks and to provide minimum living standards in line with the principles enshrined in ratified international conventions; and (iv) to adjust the national regulatory framework to the objectives and targets set forth by the EU Employment Strategy. The Committee notes that the National Employment Strategy provides, inter alia, for policy priorities to promote employment and to ensure sustainable growth. In this regard, the Government intends to pursue a mix of active and passive labour market policies to increase employment and to prevent unemployment and inactivity through policy actions focused on the introduction of individualized employment services early on in the unemployment period; the provision of relevant and timely labour market information; the reform of the unemployment benefit system; and the implementation of active labour market programmes to address the needs of the most vulnerable groups of the population. The Government indicates that the Ministry of Economics and Trade was tasked with developing annual national plans of action on employment, and for implementing the labour market policies under the Strategy. In so doing, due regard is given to the recommendations of the Country Report on Employment Policies developed by the Council of Europe and the ILO. The Committee asks the Government to continue to provide information on the policies pursued in the context of the National Employment Strategy, and to provide information on the effect such policies have had on the promotion of employment.

2. Labour market information. The Government indicates that, from 2006 to 2008, the National Employment Agency has made substantial efforts to create a labour market information system. The Government also launched the Governmental portal on the labour market in 2008, which includes information aimed at coordinating demand and supply of jobs, and improving external communication on matters relating to the labour market. The Government indicates that statistical data generated by the labour market information system are included in the statistics on registered unemployment, and are used to plan activities of the National Employment Agency and its territorial agencies. The data are also used in the development of national plans of action on national and territorial employment. The Committee requests the Government to include in its next report statistics on the situation and trends in employment, specifying the manner in which the collected data are used to determine and review employment policy measures.

3. Youth employment. The Committee notes from information published by the National Bureau of Statistics of the Republic of Moldova that, in 2007, 79.3 per cent of the population aged between 15 to 24 years were economically inactive. The Government indicates that, in response to the high rate of youth unemployment, it endorsed in 2008 the “Programme of action dedicated to the Year of Youth”, which contains a set of measures addressing the professional reintegration of youth, and the “National programme for youth economical rehabilitation”, which provides for the provision of financial support to youths seeking to set up their own businesses. The Government indicates that the National Employment Agency developed a plan of action in 2008 to implement the Programme of action dedicated to the Year of Youth, and in this context offers various services to young persons. In 2007, 17,572 young persons participated in professional orientation activities, representing 61 per cent of all participants. The Committee also notes that a job fair for youth was organized which offered 24,000 jobs in different sectors of the national economy. The Committee would welcome receiving more information on the policies pursued which are aimed at improving access of youth to employment. In this regard, the Committee also asks for information on the results achieved following the implementation of the Programme of action dedicated to the Year of Youth.

4. Persons with disabilities. The Government refers to the adoption of Decision No. 459 in April 2007 by which the rehabilitation and integration programme of persons with disabilities for 2007–09 was endorsed. In this regard, the Government indicates that the “Labour Club” is one means by which it seeks to provide assistance to improving the employment prospects of persons with disabilities facing long-term unemployment, as well as to other vulnerable categories of workers. Based on their involvement in the Labour Club in 2006 and 2007, respectively, 40 and 38 persons with disabilities received assistance to determine their professional activities and received training on methods and techniques for job searches. In 2006 and 2007, the employment agencies registered 360 and 448 persons with disabilities respectively, of whom 41 and 102 persons were eventually employed. The Committee asks the Government to continue to provide information on the labour market measures developed and pursued with a view to addressing the needs of persons with disabilities, and to provide further information on the results of such activities in promoting access to the open labour market.

5. Victims of trafficking. The Government refers to the law of 20 October 2005 on preventing and combating trafficking of human beings, and the governmental Decision No. 472 of 26 March 2008 in which it endorsed the national plan on prevention and combating trafficking of human beings for
2008–09. The Government indicates that the National Employment Agency is actively implementing the national plan within the national system of referral. Through its territorial structures, the National Employment Agency is also undertaking actions to assist the victims of trafficking of human beings together with international organizations and NGOs. The Committee also notes that a project aimed at “eliminating human trafficking from the Republic of Moldova and Ukraine through labour market based measures” is being implemented which includes, among other things, the establishment of three information centres on migration within the territorial agencies in Chisinau, Balti and Cahul. Such information centres will disseminate information on integration, the local labour market and the risks of irregular migration. The Committee refers to its comments in respect of the Private Employment Agencies Convention, 1997 (No. 181), and invites the Government to continue to provide information on the action taken within the framework of an active employment policy to prevent abuse in the recruitment of labour and the exploitation of migrant workers in the Republic of Moldova, and the results thereof.

6. Consultations with social partners. The Government indicates that it is seeking to improve the management and organization of the National Employment Agency, and for the development of further measures to promote social partnership in respect of labour market measures. Between January 2006 and June 2008, ten meetings of the board of directors, and 400 meetings of the consultative councils at the territorial level were held to discuss measures to be taken by the National Agency in implementing the plan of action, the projects of the unemployment budget fund, the achievements of running the territorial employment programmes, and other such matters. The Government also indicates that it has concluded bilateral cooperative agreements with the Labour Inspection, the National Confederation of Trade Unions of the Republic of Moldova, and the National Union of Students and Youth of the Republic of Moldova with a view to improving joint actions to ensure the implementation of legislation in force. The Committee also notes that, within the context of the Republic of
Moldova–Sweden project “granting support to public employment services in the Republic of Moldova”, two workshops were held with the directors of territorial employment agencies which sought to address means to improve social dialogue in the labour market and to develop a communication strategy. As a result of these workshops, steps are being taken to develop a strategy and a plan of action which is due to be examined by the Administrative Council of the National Employment Agency. The Committee would welcome receiving more information on the manner in which consultations on matters covered by the Convention are ensured, including any examples of the questions addressed and the decisions reached through the tripartite boards and committees that exist in the country. Please also indicate any measures taken or contemplated to involve the representatives of other sectors of the active population, such as persons working in the rural sector or the informal economy, in such consultations.

7. Part V of the report form. ILO technical assistance. The Committee notes that the Republic of Moldova–ILO Plan of Cooperation for 2006–07 provided for a national programme focused on the development of employment, labour market policies, and programmes that meet national needs and the standards of the European Union. The Committee notes that, as a result of these activities, suggestions and recommendations for improving the organizational structure of the National Employment Agency, activities and services have been drawn up. The Committee also notes information provided on other technical assistance activities which are being carried out in the Republic of Moldova with the bilateral assistance of other governments. In this regard, the Committee notes that a Republic of Moldova–Sweden project was established in 2006 which is aimed at providing support to public employment services in the Republic of Moldova through, inter alia, establishing three pilot centres in Chisinau, Cahul and Soroca, aimed at integrating vulnerable persons into the labour market. The Committee requests the Government to indicate in its next report the results achieved from these technical assistance activities in terms of employment creation and improved access to the labour market.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the detailed information provided in the Government’s report received in August 2006, including replies to the matters raised in its previous observation.

1. Articles 1 and 2 of the Convention. Employment trends and active labour policies. In cooperation with the ILO, the Government standardized its research methodology used in the household survey, which provides key information on the labour force. The Government’s report indicates that the economically active population decreased to 1,422,300 persons in 2005, down 7 per cent from the previous year. Emigration of skilled workers is one factor that explains this decrease with 394,000 workers leaving the country in 2005. According to data provided by the labour force survey, unemployment affected 104,000 people in 2005 which corresponds to a 7.3 per cent unemployment rate. The Government states that a national plan of action for 2004–08 was approved, with one important measure on the creation of a labour market information system already implemented. Key accomplishments noted in the report are the creation of 34,000 jobs annually on average for the period 2003–05 and vocational training for over 4,500 people per year for the same period. The Committee welcomes the implementation of the labour market information system as it will empower the Government to decide on and keep under review, within the framework of a coordinated economic and social policy, the measures to be adopted for attaining the objectives specified in the Convention. It requests the Government to provide details in its next report on how data will be used to implement new employment measures (Article 2(a)).

2. Means to promote youth employment. The Committee notes the information concerning the high level of youth unemployment which was measured at 18.7 per cent in 2005, down slightly from 19.5 per cent in 2003. The Government adopted a programme for the prevention of youth unemployment for 2004–06 with goals of increasing employment, developing entrepreneurship and encouraging employers to adapt for younger workers entering the workforce. In this regard, the Committee asks the Government to include in its next report information on how recently adopted measures have translated into lasting employment opportunities for young workers entering the workforce.

3. Means to promote employment of workers with disabilities. The report indicates that an action plan for the employment and job creation for workers with disabilities has been adopted for 2004–06 with the objective of increasing training and job opportunities for them. The Committee asks the Government to include in its next report relevant data on the employment of people with disabilities and how the measures implemented have facilitated their integration into the open labour market.

4. Human trafficking victims. The Committee notes the measures listed in the Government’s report to integrate into the labour market the victims of human trafficking. In 2005, 128 victims of human trafficking have benefited from consultations on professional integration and 44 have engaged in vocational training courses. The Committee would appreciate to receive further information on the action taken within the framework of an active employment policy to prevent abuse in the recruitment of labour and the exploitation of migrant workers in the Republic of Moldova (see Part X of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169)).

5. Business development. The Committee notes that the small business sector accounts for 92 per cent of all businesses and 30 per cent of the labour force employed in the Republic of Moldova. The Government has taken measures to improve the legislative framework on entrepreneurial activities by simplifying the tax system, facilitating the financing of business projects, diminishing administrative regulations, better informing entrepreneurs and by increasing the qualification of the labour force through training programmes. The report also indicates that a law is being drafted and will focus on the regulation of entrepreneurial activity. A strategy for the support and development of small and medium-sized businesses for 2006–08 was also in its drafting stage. The Committee asks the Government in its next report to provide information concerning the development of small businesses in regards to the methods used by the Government to improve the success rate of young entrepreneurs and the methods used to involve the social partners in informing small business owners and entrepreneurs of key labour market concerns and opportunities. The Government may find it useful to consult the provisions of the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189).

6. Article 3. Participation of the social partners in the formulation and application of policies. The Government indicates in its report that it has collaborated with the social partners in order to improve legislation and to elaborate a number of employment policy measures. It also indicated that legislative drafts involving labour matters are submitted to both workers’ and employers’ organizations for proposals or modifications. The Committee also notes that the governing board of the National Employment Agency has met four times in 2005. At the local level, consultative councils were also developed using a tripartite structure in order to promote dialogue with the social partners. The Committee trusts that the Government will continue to provide information on the consultations held on the matters covered by the Convention with the representatives of employers’ and workers’ organizations including details of their contribution to the implementation of an active employment policy. 

7. ILO technical cooperation. The Government reports that it has implemented two new projects designed to improve the situation in the labour market. These projects target the development of the textile industry, which should result in increased exports and the employment of more workers. The Committee notes the cooperation with the Government of Germany that has permitted to develop these new projects. The Committee welcomes the information provided on the success of bilateral and multilateral initiatives and would like to receive in the Government’s next report specific results achieved by these initiatives in order to generate productive employment.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Integration of employment policy with economic and social policies. The Committee notes the Government’s report which contains detailed information in relation with its previous comment. The Government refers, among other legislative measures, to Law No. 102-XV of 13 March 2003 on the Employment of the Population and Social Protection of Job Seekers and to the Decision No. 224 of 1 March 2003 by which a National Programme for the Employment of the Population for 2003-2005 was approved. The 2003-05 programme envisages the creation of 53,200 new jobs and some 35 per cent of the persons registered with the National Population Employment Agency will be provided with training in order to reintegrate the labour market. The Committee hopes that in its next report the Government will be able to provide information on the results achieved in this regard. It also recalls that success in employment creation is linked to the successful coordination of macroeconomic policies as well as structural policies. It therefore asks the Government to also report on how employment policy measures are reviewed regularly within the framework of a coordinated economic and social policy (Article 1, paragraph 3, and Article 2(a) of the Convention).

2. The Committee notes that according to the data provided by the Government, the number of unemployed reached 117,000 persons in 2003 and the level of unemployment amounted to 7.9 per cent (the active population reduced from 1,615,000 persons in 2002 to 1,474,000 persons in 2003). The Government also refers to statistical and analytical data obtained through studies done in cooperation with the Office. The Committee notes with interest that the results of the surveys are being used in the process of elaboration of the National Employment Strategy. It also notes the Government’s interest to obtain further cooperation form the Office in this area. The Committee would appreciate receiving in the Government’s next report data drawn from the labour force survey, in particular on the employment situation of socially vulnerable groups such as young persons, women jobseekers, ethnic minorities and people with disabilities.

3. The Committee further notes the proactive measures adopted to promote employment opportunities of the population as well as the vocational guidance and services provided. It would welcome further information on the evaluation of these measures especially regarding the number of participants that find employment after participation in these programmes.

4. The Committee notes that advisory services and assistance in starting business activities are provided to unemployed persons. Please continue to report on the measures taken to improve the legislative and regulatory basis for small and medium enterprises as well as on efforts made to shift activities from the informal economy to the formal economy. The Government may deem useful to consult the provisions of the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189).

5. Participation by the social partners in the formulation and application of policies. The Government indicates that its cooperation with the employers’ organization and trade unions in the field of promoting the population employment policy has been more intensive in the last years. During the meetings of the National Commission on Collective Bargaining several issues concerning employment policy such as the implementation of the State Programme of Small Business Support were examined. The tripartite advisory board of the Population Employment Agency has also taken measures to develop jointly with the Confederation of Free Trade Unions of the Republic of Moldova activities in the field of employment promotion. The Committee asks the Government to continue to provide specific information about the operation of tripartite bodies as well as the involvement of social partners in the formulation and implementation of the National Programme for the Employment of the Population. Please also indicate the measures taken or contemplated to involve in the consultations required by the Convention not only the employers’ and workers’ representatives but also representatives of other sectors of the active population, such as persons working in the rural sector or in the informal economy (Article 3).

6. ILO technical cooperation. The Committee understands that the Office is also currently participating in policy reviews in order to assist the Stability Pact Countries in their implementation and help them prepare for the future European Union accession process. It asks the Government to indicate in its next report any action taken to promote active employment policies as a result of the implementation of ILO technical cooperation projects (Part V of the report form).

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s detailed report received in August 2002 and the information provided in reply to its previous direct request. It notes in particular the indication that the national policy accords priority to employment measures in the context of the programme "Economic recovery - Rebirth of the country", covering the period 2001-05.

1. Articles 1 and 2 of the Convention. The Government describes in its report the principal measures of its active employment policy. It refers to a National Programme of Employment and Protection of the Unemployed for 2001-02, which includes active labour market and training measures. It describes the implementation of a government programme to support and develop small and medium-sized enterprises, which currently account for one-third of national employment and which should in coming years play a more important role in economic development and contribute more to reducing unemployment. Finally, the Government states that in September 2000 it approved measures to maintain and increase employment in rural areas and for persons in socially vulnerable groups (young persons, women and workers with disabilities) by means of subsidies to entrepreneurs.

2. The Committee also notes the detailed statistics provided by the Government in its report. These cover jobseekers registered with the State Employment Service, those who have been placed and those who have benefited from vocational training or have been employed in public works. The Government also provides statistics on the number of participants and the results of the "job fairs" organized during 2002 and the sessions of the Jobs Club, a programme of support, assistance and placement for the long-term unemployed. Finally, the Government provides data on the jobs created by means of recruitment quotas set for local public administrations for specific categories of persons, such as workers with disabilities and young persons. The Government reports an unemployment rate of 7.9 per cent in the first quarter of 2002. The Committee notes that this rate is very similar to that indicated by the quarterly labour force survey for the second quarter of 2000 (7.8 per cent).

3. The Committee notes with interest the efforts made by the Government to develop varied employment strategies and policies addressing global and sectoral development, the employment market and education and training. It requests that the Government provide detailed and disaggregated statistics on the results of the various programmes mentioned in its report. It also requests that the Government indicate the extent to which the employment objectives set out in the five-year programme 2001-05 referred to above have been or are being attained. In this respect, the Committee requests additional information on the public expenditure allocated to the various active measures referred to in the fields of the labour market and training. Finally, the Committee requests the Government to indicate the manner in which the implementation of these active measures takes into account other economic and social objectives, and the conditions under which these measures are decided on and kept under review within the framework of a coordinated economic and social policy.

4. Among the employment measures mentioned, the Government describes the progress achieved in relation to the Bill on employment and the social protection of jobseekers, which provides for the establishment of a National Employment Agency, instead of the state employment services, as well as financial incentives for the creation of enterprises and the geographical mobility of jobseekers. The Government recalls that in December 2001 it ratified the Private Employment Agencies Convention, 1997 (No. 181), to ensure protection for persons using private employment agencies, and the Human Resources Development Convention, 1975 (No. 142), with a view to the development of vocational guidance services. The Committee hopes that the information to be provided by the Government on the application of these two Conventions will take into account the questions relating to employment policy raised in this direct request. It also refers to the comments that it is making in a request addressed directly to the Government in 2002 on the application of the Employment Service Convention, 1948 (No. 88).

5. In reply to the Committee’s previous comments, the Government states that the rights of the population to education, vocational training, placement services, and the right to work are guaranteed by the provisions of the Constitution (articles 35, 43 and 44) and of the Labour Code (section 45(1)) of the Republic of Moldova. The Committee wishes to refer in this respect to the comments that it is making in its direct request of 2002 on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), particularly with regard to the situation of women jobseekers and ethnic minorities. It hopes that the Government’s next report will indicate the measures taken to ensure equality for everyone in access to education, training, placement services and employment.

6. With reference to its previous comments, in which it noted that the ILO’s Bureau of Statistics was working with the Government to develop a system for the compilation and analysis of labour market information and that the ILO was implementing an enterprise flexibility survey in the Republic of Moldova, the Committee requests the Government to indicate the action taken as a result of this technical cooperation and to report on the manner in which the results of these projects have been or will be taken into account in the process of reviewing the national employment policy (Part V of the report form).

7. Article 3. The Committee notes the Government’s statements on the cooperation of representatives of employers and workers in the preparation of legal provisions relating to employment policy and in the activities of the state employment service. While the Committee welcomes these positive initiatives, it hopes that the Government will provide information in its next report on the full consultation and cooperation of representatives of employers’ and workers’ organizations and of other categories of the active population, including those working in the rural sector and the informal sector, in the formulation of employment policies. In this respect, the Government is requested to indicate the manner in which the representatives of the persons affected are consulted concerning employment policies and to indicate any formal consultative procedures which have been established for this purpose.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the information contained in the Government’s brief first and second reports. The Committee notes in particular the difficult economic and financial conditions, which substantially limit the Government’s ability to carry out its policies and programmes.

2.  Article 1, paragraph 2(a), of the Convention.  The Committee notes the objectives of the Government’s employment policy, as well as the specific programmes contained in the Employment Programme (1998-2000). The Government explains that due to the economic and financial crisis, many of the active labour market measures have not been realized or completed. In particular, public works programmes, which are a key component of the social safety net and employment strategy for the long-term unemployed, are substantially underfunded. The Committee would appreciate being kept informed of progress made in obtaining funding for employment policies and programmes, in particular of government expenditures on active labour market policies and training.

3.  The Committee also notes that the Government states only in very general terms that it is undertaking active labour market policies. The Committee asks the Government to provide more detailed information on specific policies and programmes, the number of participants, and outcomes. The Government also states that several legislative changes are under way, pertaining to labour inspection and the establishment of an unemployment fund and a national employment and training agency. Please send copies of these laws when they are enacted, as well as information on their impact, when available.

4.  The Government states that unemployment was 2.8 per cent in 1999. The Committee notes from the information sent by the Multidisciplinary Team for Central and Eastern Europe, in Budapest (ILO-CEET), that the size of the labour force has fallen by a rate of about 15.3 per cent per annum between 1993 and 1999. The quarterly labour force survey puts unemployment at 7.8 per cent for the second quarter of 2000, and the unemployment-to-(entire) population ratio was approximately 37 per cent. The Committee asks the Government to supply further information on action taken to reverse these trends.

5.  Article 1, paragraph 2(c).  The Committee notes that hiring quotas for the disabled have been established. The Government is also considering a project to maintain and increase the employment of socially vulnerable groups such as youth, women, disabled workers, and older workers, by providing financing for entrepreneurs. There is no mention in the Government’s report of legal guarantees of equal access to training, placement services and employment, and no legislation specifically prohibiting discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin. The Committee requests further information on the steps taken to ensure equal access of all to education, training, placement services and employment. It refers in this respect to its comments made in 1999 under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

6.  Article 2.  The Committee notes that the Government’s reports do not contain any information on how policies and programmes are kept under review within the framework of coordinated economic and social policies. Please supply information on the review process, as well as on which ministries are involved in the Employment Programme and how their efforts are coordinated. Please also provide information from the labour force quarterly surveys, and explain how this information is used in reviewing policies and programmes. The Committee also notes that the ILO Statistics Bureau has been working with the Government to develop the collection and analysis of labour market information, and the ILO is implementing an enterprise flexibility survey in the Republic of Moldova. Please provide further information on how the outcome of these projects will be taken into account in the review process.

7.  Article 3.  The Committee notes the Government’s statement that efficient social dialogue does not yet exist. However, a draft law concerning the National Employment and Training Agency, which would establish tripartite consultation, is to be presented to the Government by the end of this year. The Committee also notes that the National Confederation of Employers of the Republic of Moldova states that consultations are limited, and has communicated to ILO-CEET that it considers involvement of the social partners in labour market policy formulation to be important. Please provide further information on whether the draft law has been adopted, and whether the tripartite consultations will include consultations on policy formulation, as well as on implementation. Please also provide information on how rural and informal sector workers are consulted, as requested in the report form adopted by the Governing Body.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's brief first report. It would appreciate if the Government's next report would respond in detail to all of the points raised in the report form, to enable the Committee to assess fully the application of the Convention.