Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - République de Moldova (Ratification: 1996)

The Committee notes the Government’s report for the period ending in August 2001 and the information sent in reply to its previous direct request. The Government refers, in describing the way in which social dialogue is ensured nationwide, to numerous laws and regulations and to the establishment of national and local tripartite committees. Regarding in particular the information on the implementation of the Convention, the Committee notes that consultations with representative organizations of employers and workers on all the subjects listed in Article 5, paragraph 1, of the Convention are largely carried out by written communication. It also notes that the Government wishes to adopt rules that would set more specific arrangements for such tripartite consultations. The Committee invites the Government to indicate in its next report any measures taken for the above purposes.

The Committee also asks the Government to provide additional information on the following points.

Article 4, paragraph 2. The Committee notes the information on the system for training mediators in collective labour dispute settlement. It requests the Government to report on any arrangements made or envisaged to finance any necessary training for persons participating in consultation procedures giving effect to the Convention, namely the persons participating in the written consultation procedures or those participating, in the course of negotiations on collective labour contracts, in determining the list of international labour Conventions to be ratified.

Article 5, paragraph 1. The Government states that it requests the opinion in writing of the representative organizations on all the subjects listed in this paragraph and that it takes due account of them in preparing its replies and reports addressed to the International Labour Office. With regard to the re-examination of unratified Conventions (c), the Government indicates that Conventions to be ratified are determined in the course of the negotiations with the social partners on the national collective labour agreement. The Government is asked to continue to provide information on consultations held during the period covered by the next report on the matters listed in paragraph 1, particularly in the course of the abovementioned negotiations.

Article 6. The Committee notes the information that, for the Government, the report on the application of the Convention counts as the annual report on the working of the procedures provided for in the Convention required by this Article. The Committee refers in this connection first to its General Survey of 1982 on tripartite consultations in which it recalled that the purpose of the annual report provided for in Article 6 of the Convention was different from that of reports on the application of the Convention submitted to the Office under article 22 of the ILO Constitution. The purpose of the latter, which have their own reporting cycle, is to allow the Committee of Experts and the Conference Committee to assess the manner in which the obligations deriving from ratified Conventions are executed. The annual report provided for in Article 6 of the Convention, on the other hand, is intended mainly for the dissemination of information on the tripartite consultations held on ILO standard-setting activities within the country. It may also provide information on the efficiency of the procedures and allow them to be adapted, where necessary (paragraph 180). Secondly, the Committee refers to its General Survey of 2000 on tripartite consultations in which it points out that Article 6 of the Convention does not impose an obligation to issue an annual report, nor does it lay down any requirements as to the form of such a report, but it does require that the representative organizations shall be consulted on whether or not such reports should be issued (paragraph 131). The Committee hopes that, in the light of the foregoing, the Government’s next report will contain information on consultations held pursuant to this Article.