Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Republic of Moldova

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1996)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1997)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the National Confederation of Trade Unions of Moldova (CNSM), received on 21 August 2024 and those transmitted with the Government’s reports.

Article 12 of Convention No. 81 and Article 16 of Convention No. 129. Unannounced inspection visits. The Committee notes that a reform of the State Labour Inspectorate (SLI), initiated in 2022 to optimize its operational procedures is currently in progress with the assistance of the ILO. The Government indicates in its report that an inspection campaign to tackle undeclared work was launched in November 2023. Furthermore, the Committee notes that according to the 2023 labour inspection report the Law No. 355 of 2022 amended acts related to combating undeclared work, empowering the SLI with the right to apply direct sanctions for cases of undeclared work, and allowing unannounced inspections in cases of undeclared work. At the same time, the Committee notes with concern that section 19 of the Law on State Control of Entrepreneurial Activities, which provides for restrictive conditions for unscheduled inspections has not been revised. In this respect the Government reiterates that unannounced controls are carried out on the basis of a risk analysis under the methodology identified in Government Decision No 894/2018 and only in the case of the existence of the grounds laid down in section 19 of the Law on State Control of Entrepreneurial Activities. It also indicates that the inspections carried out in violation of the requirements provided for in section 19 of the aforementioned law shall be deemed null and void.

The Committee notes that the number of unannounced controls increased from 527 in 2021 to 864 in 2023. With regard to Committee’s previous request on the number of unannounced inspections that resulted from a complaint, the number that resulted from an accident, and the number that were not the result of a complaint or an accident, the Government indicates that, in 2023, 453 unannounced controls were carried out as a result of the applications submitted and 413 checks were carried out as a result of the referrals received. The Committee takes note of the Government’s indication that the SLI does not have disaggregated statistics on unannounced controls in the agricultural sector and that the statistics on violations detected and sanctions imposed are not broken down by planned and unplanned visits. In its observations, the CNSM refers to sections 4 and 19 of the Law on State Control of Entrepreneurial Activities, indicating that they maintain a wide range of conditions for unannounced inspections, which are unsuitable for an effective labour inspection system. The CNSM also indicates that there is no information in the annual labour inspection reports on how many of the unannounced labour inspections focused on labour relations and how many focused on occupational safety and health (OSH), and their results. The Committee urges the Government to take the necessary legislative measures to ensure that labour inspectors are empowered in line with Article 12(1)(a) and (b) of Convention No. 81 and Article 16(1)(a) and (b) of Convention No. 129, to make visits without previous notice. It requests the Government to continue providing information on the number of announced and unannounced inspections carried out by the SLI, and to provide disaggregated data for their focus, the number of violations detected and their outcome.It also requests the Government to continue to provide information on the number of unannounced inspections, specifying those carried out as result of an accident or those that were initiated by the SLI. It requests the Government to provide information regarding the developments of the ongoing reform of the SLI and its impact on the conduct and effectiveness of unannounced inspections, including in identifying undeclared work.

Article 15(c) Convention No. 81 and Article 20(c) of Convention No. 129. Confidentiality concerning the fact that an inspection visit was made in consequence of the receipt of a complaint. In its previous comments, the Committee noted the Government’s indication that a motivation note shall be prepared in case of inspections without prior notice, which shall include information on the need for intervention, by setting out in detail the circumstances and information underlying the conclusions and actions of the control body, possible violations suspected on the basis of information and evidence held until the initiation of control measures. The Committee also noted that, according to the Government’s indication, the entity to be inspected is informed about the motivation note. The Government has not clarified how it ensures that no intimation is given to employers through this motivation note that the inspection is made following a complaint. The Committee once again requests the Government to indicate how it ensures that no intimation is given to the employer or their representative, in the motivation note or otherwise, that a visit of inspection was made in consequence of the receipt of a complaint, in accordance with Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Undertaking of inspections as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee notes with concern that a number of provisions of the Law on State Control of Entrepreneurial Activities that limits the circumstances in which an inspection can be undertaken have not been revised: section 3 (inspection can be carried out only if other means are exhausted), section 4 (inspectors shall request to check documentation first before inspection visits), section 14 (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) and section 19 (conditions for unscheduled inspections). In its observations, the CNSM reiterates its previous observations indicating that these legal requirements remain contrary to the provisions of the Convention. The Committee once again urges the Government to take the necessary measures to ensure that the national legislation is amended in the near future to allow for the undertaking of labour inspections as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, in conformity with Article 16 of Convention No. 81 and Article 21 of Convention No. 129.

The Government indicates that in the context of the ongoing reform of the SLI, the planning of controls, their frequency and the resources allocated to them, are based on a risk analysis and focus on high-risk economic units and activities. The Committee takes note of the information provided by the Government on the number, type and results of inspection controls carried out, in the fields of both labour relations and OSH for the period 2021–23. In this respect it notes that, while the number of inspections carried out by the SLI increased from 1,701 in 2020 to 2,505 in 2021, it decreased again to 1,821 in 2023. Similarly, the number of workers covered by inspection controls followed the same trend (81,897 in 2020, 122,900 in 2021 and 78,312 in 2023). In its observations, the CNSM indicates that the decrease in the number of inspections from 2021 to 2023 demonstrates the inefficiency of the reorganization and reform of the labour inspection system, but also the need for urgent implementation of the Committee’s recommendations. The Committee requests the Government to provide its comments with respect to the observations of the CNSM. It requests the Government to continue to provide statistical information on the number, nature and outcomes of labour inspections carried out. 

Article 17 of Convention No. 81 and Article 22 of Convention No. 129. Prompt legal or administrative proceedings. The Committee recalls that section 4(10) of the Law on State Control of Entrepreneurial Activities provides that inspections during the first three years of a business operation shall be of a consultative nature and shall not result in sanctions or restrictive measures, except in cases when very serious violations within the meaning of this law are detected during the control. It also observes that: (i) section 5(4) of the Law on State Control of Entrepreneurial Activities provides that for minor violations, only prescriptions may be issued but not sanctions or restrictive measures; (ii) section 5(5) provides that for serious violations sanctions may be applied but no restrictive measures; and (iii) section 5(6) provides that for very serious violations sanctions and/or restrictive measures shall be applied. The Committee observes that the combined reading of the above would mean that during the first three years of a business operation, only in case of very serious violations sanctions or restrictive measures could be imposed. For serious violations, sanctions or recommendations for removal could not be imposed. The Committee notes with deep concern that these provisions are still in force. In reply to Committee’s previous request, the Government provides detailed clarifications with regard to the terms “sanctions” and “restrictive measures” used in the Law on State Control of Entrepreneurial Activities and indicates that restrictive measures may be applied only in the event of very serious infringements and only in the manner and to the extent laid down in the relevant laws. The Government indicates that the SLI does not compile disaggregated statistics separately for employers whose activities have been registered for less than 3 years. In its observations, the CNSM indicates that the Government failed to provide information on the number and nature of serious and minor violations detected by labour inspectors during inspections of companies in the first three years of their activity; and the sanctions prescribed by them for serious violations and those eventually applied. The Committee is bound to recall once again that Article 17 of Convention No. 81 and Article 22 of Convention No. 129 provide that, with certain exceptions (which are not directed at new operations), persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to prompt legal proceedings without previous warning, and that it must be left to the discretion of labour inspectors to give a warning or advice instead of instituting or recommending proceedings. The Committee urges the Government to take the necessary measures to ensure that the national legislation is amended in the near future to enable labour inspectors to institute or recommend immediate legal proceedings for all minor, serious or very serious violations during the first three years of a business’s operation, and to provide information on steps taken in this regard.

Issues specifically concerning labour inspection in agriculture

Articles 9(3) and 21 of Convention No. 129. Sufficient number of inspections in agriculture and adequate training for labour inspectors in agriculture. The Government provides detailed information on the number of controls carried out in agriculture, forestry and fisheries as well as the number and type of infringements found. In this respect, the Committee notes that the number of inspections conducted in agriculture, forestry and fisheries decreased from 339 in 2021 to 206 in 2023. Regarding the training provided to labour inspectors that relates specifically to their duties in the agricultural sector, the Government indicates that no specific training courses related to agriculture were carried out, but trainings were conducted covering the entire spectrum of areas of the economy. In this respect, the Government provides detailed information on the different types of professional development programmes delivered and the number of participants for 2023. Noting the persisting low number of inspections conducted in agriculture, the Committee once again urges the Government to take the necessary measures to ensure that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions, and to provide information on the number of inspections undertaken in agriculture by the SLI. The Committee requests the Government to indicate the measures taken to ensure that labour inspectors are provided with training that relates specifically to their duties in the agricultural sector.

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

In addition, the Committee recalls the pending comment regarding the Labour Administration Convention, 1978 (No. 150), adopted by the Committee in 2021, for which the Government will be requested to reply in its next report.