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Comments adopted by the CEACR: Republic of Moldova

Adopted by the CEACR in 2021

C047 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. The principle of the 40-hour week. Averaging of hours of work. Overtime. In previous comments, the Committee noted that: (i) section 99 of the Labour Code allows the averaging of working hours over a reference period of up to one year; (ii) section 104(5) of the Labour Code provides that the maximum annual limit of overtime may be increased from 120 to 240 hours in exceptional cases with the written consent of the workers’ representatives; and (iii) under section 3 of Government Decision No. 1223 of 2004, a 24-hour shift of medical personnel is permitted. Noting that these provisions may lead to excessively long working hours, the Committee requested the Government to take all necessary action to ensure that national legislation on the principle of a 40-hour week is fully aligned with the requirements of the Convention. The Committee notes that section 3 of Government Decision No. 1223 of 2004 is repealed by Government Decision No. 294 of 2014.
On the issue of averaging, the Committee notes that no further information is provided in the Government’s report regarding section 99 of the Labour Code. Recalling that calculating hours of work as an average over a reference period of up to one year allows for too many exceptions to normal hours of work and can result in highly variable working hours over long periods, long working days and the absence of compensation (2018 General Survey on working time instruments, paragraph 68), the Committee requests the Government to review section 99 in this regard and to provide information on any progress made in this respect.
On the issue of overtime, the Committee notes that the Government does not provide information on section 104(5) either. It also notes that while clear daily limits (12 hours) for overtime are set by section 105(3) of the Labour Code, no weekly limit seems to be established by the national legislation. Recalling that these provisions authorize practices that would possibly lead to unreasonably long hours of work, in direct contradiction to the principle of progressive reduction of hours of work, the Committee requests the Government to take the measures necessary to ensure that the principle of a 40-hour week provided for by the Convention is fully applied both in law and in practice.

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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 20 August 2021.
Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control by a central authority. Occupational safety and health (OSH). The Committee previously noted that Law No. 131 of 2012 on State Control of Entrepreneurial Activities withdrew supervisory duties in the area of OSH from the State Labour Inspectorate (SLI) and transferred it to ten other sectoral agencies. The observations of the CNSM indicated that the dispersion of inspection duties diminished the efficiency of state control, especially in the field of OSH. The Committee notes the Government’s indication in its report that the normative framework for regulating the activity of the SLI was consolidated by Law No. 191 of 2020, which amended a number of labour legislations, including the Law on the SLI, the Law on State Control of Entrepreneurial Activities, the Labour Code and the Law on OSH. The Committee notes with satisfaction that, consequently, on 1 January 2021, the supervision in the field of OSH, including the investigation of occupational accidents, was transferred back from the ten sectoral agencies to the SLI.
Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 23 and 24 of Convention No. 129. Cooperation with the justice system and adequate penalties for violations of the legal provisions enforceable by labour inspectors. The Committee previously noted the Government’s information concerning the number of infringement reports submitted to the Court from 2016 to 2018. The Committee also noted the observations of the CNSM that, despite the fact that the Government report contained information on the number of infringements reported, there was no information on their outcome following their referral to the Court. The Committee notes the statistical information included in the annual reports and monthly reports of the SLI published on its website, according to which 229 and 151 minutes of contravention were submitted to the Court in 2019 and in 2020, respectively. From January to August 2021, 88 minutes of contravention were submitted to the Court and the Court issued 23 decisions sanctioning the employers with a fine and 7 decisions terminating the case. The other 58 cases are still under examination. The Committee also notes the reference to the 2020 annual report in the CNSM’s observation, indicating that, in the field of OSH, 151 reports of infringements were filed, imposing fines of 1,706,700 Moldovan lei (approximately US$98,724). The CNSM states that, however, there is no information on the actual amount of fines collected following the detection of infringements. The Committee requests the Government to continue to provide information on the number of infringement reports submitted to the Court and their specific outcome, indicating any fine or other penalty applied and the amounts collected. The Committee requests the Government to indicate the statistics for infringements and penalties in the field of labour relations and OSH.
Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration of the labour inspection services with employers and workers or their representatives. The Committee previously noted the observations of the CNSM in which the union raised, in the context of the National Commission for Collective Consultations and Negotiations, the issue of monitoring in the field of OSH, and the need to eliminate the contradictions between national legislation and the provisions of Conventions Nos 81 and 129. The Committee notes the indication in the CNSM’s observations that the proposals made by the CNSM in the process of adoption of Law No. 191 of 2020, regarding non-compliance with the provisions of the Convention, were not taken into account. The Committee once again requests the Government to provide information on the measures taken to promote effective dialogue with employers’ and workers’ organizations concerning labour inspection matters. It also requests the Government to provide information on the consultations undertaken in this respect in the National Commission for Collective Consultations and Negotiations, as well as the measures taken following such consultations.
Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Human resources and material means for labour inspection. The Committee previously noted a significant decrease in both the budget allocated for the SLI and the number of inspectors from 2017 to 2018. The Committee notes that, according to the annual inspection reports, in 2019, there were 61 employees at the SLI, including 19 at the central apparatus and 42 in territorial offices, with 37 OSH inspectors within the ten sectoral agencies. The number of inspectors remained substantially unchanged in 2020. As of March 2021, after the transfer of the OSH competences to the SLI, there were 109 employees working for the SLI, with 28 in the central apparatus and 81 in territorial offices. The Committee also notes that in the 2020 annual labour inspection report, the Government observes a shortage of staff with professional skills in the field. Noting the transfer of supervisory competence on OSH to the SLI in 2021, the Committee requests the Government to indicate whether the labour inspectors previously working for the sectoral agencies have now been transferred to the SLI. It also requests the Government to provide information on the number of inspectors under the SLI performing OSH inspections, and those performing inspections in the field of labour relations. Noting the absence of information on the budget allocated to the SLI, the Committee also requests the Government to provide detailed information in this regard.
Article 12 of Convention No. 81 and Article 16 of Convention No. 129. Unannounced inspection visits. The Committee previously noted that section 19 of the Law on State Control of Entrepreneurial Activities provides for restrictive conditions for unscheduled inspections. The CNSM reiterates in its observations that this provision has in fact made unannounced inspections impossible in practice. It also indicates that there is no information on the results of the unscheduled inspections in the annual inspection reports. The Committee notes with regret that section 19 of the Law on State Control of Entrepreneurial Activities has not been revised in the context of the 2020 amendments to labour legislations. It also notes the statistical information in this regard in the annual and monthly inspection reports, according to which, in 2019, the SLI carried out 1,963 inspection controls, of which 1,399 were planned and 564 were unscheduled. There were also 1,116 controls carried out in OSH by sectoral agencies, of which 1,005 were planned inspections and 111 unplanned visits. In 2020, the SLI carried out 1,701 inspection controls, of which 1,172 were planned and 529 unscheduled. There were also 815 OSH inspections performed by sectoral agencies, with 728 planned and 87 unscheduled. From January to August 2021, the SLI carried out 1,610 controls in both labour relations and OSH areas, with 1,245 planned and 365 unscheduled. The Committee also notes, however, that the labour inspection reports do not include broken down information on the statistics of violations detected and sanctions imposed for planned and unplanned visits, respectively. Noting a downward trend of unscheduled inspections, the Committee once again requests the Government to take the necessary 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 indicate in detail the number of violations detected and the specific sanctions imposed through both announced and unannounced inspections.
Articles 15(c) and 16 of Convention No. 81 and Articles 20(c) and 21 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 comment, the Committee requested the Government to indicate the measures taken in order to ensure confidentiality of the fact of the complaints and the identity of the complainants, in cases of unannounced inspections resulting from a complaint, in accordance with section 19 of the Law on State Control of Entrepreneurial Activities. The Committee notes the Government’s indication that section 9 of Law No. 140/2001 on the State Labour Inspectorate obliges labour inspectors to maintain the confidentiality of the source of any complaint alleging breach of the provisions of legislation and other regulations in the field of work and OSH. In addition, labour inspectors have the duty not to disclose to the employer that controls have been carried out following a complaint. The Committee also notes that, according to the Government, a motivation note shall be prepared in case of inspections without prior notice. The Government indicates that this motivation note 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, and a reasonable assessment of danger and possible consequences in case of non-intervention of the control body. The Committee also notes that, according to the Government’s indication, the entity to be inspected is informed about the motivation note. The Committee requests the Government to indicate the measures adopted in order to ensure 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. In addition, noting the absence of information on this matter, the Committee requests the Government once again to provide information 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.
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 previously noted that a number of provisions of the Law on State Control of Entrepreneurial Activities limits the circumstances in which an inspection can be undertaken. This refers in particular to the conditions set out in 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).
The Committee notes with regret that the abovementioned provisions have not been revised in the context of the amendments to labour legislations in 2020, in order to make them less restrictive. Moreover, the Committee notes with deep concern that, according to the 2019 and 2020 annual inspection reports, the number of inspections carried out by the SLI has been decreasing, with 1,963 in 2019 and 1,701 in 2020. Similarly, the number of workers covered by inspection controls has also decreased, with 103,794 in 2019 and 81,897 in 2020. Moreover, a large number of inspection controls were merely requests for documentation (1,112 in 2019 and 1,044 in 2020), with only 851 on-site inspection visits performed in 2019 and 657 in 2020. 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 Committee also requests the Government to provide further information on the impact of the transfer of the competences on OSH to the SLI, including information on the number, type and results of inspection controls carried out, in the fields of both labour relations and OSH.
Article 17 of Convention No. 81 and Article 22 of Convention No. 129. Prompt legal or administrative proceedings. The Committee previously noted 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. Section 5(4) provides that, in such cases, in the event of minor violations, the sanctions provided for in the Administrative Offences Law or other laws may not be applied, and section 5(5) provides that “restrictive measures” may not be applied in the event of severe violations.
Noting that these provisions are still in force, the Committee notes with deep concern the absence of a reply to its three previous requests on this matter. 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 once again urges the Government to take prompt measures to ensure that labour inspectors are able to initiate or recommend immediate legal proceedings for both severe and minor violations during the first three years of a business’s operation, and to provide information on steps taken in this regard. It urges the Government to provide information on the meaning of “restrictive measures” that are prohibited from being imposed under the Law on State Control of Entrepreneurial Activities, on the number and nature of severe and minor violations detected by inspectors in the course of inspections in enterprises in the first three years of operation, on the sanctions proposed by inspectors for severe violations, and on the penalties ultimately applied.

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 Committee previously noted that no OSH inspections were carried out in agriculture in 2018 by the National Agency for Food Safety (ANSA), which was the competent authority in this regard. It also noted that there was a decrease in the number of inspections by the SLI on non-OSH issues in agriculture from 2017 (458) to 2018 (363). The Committee notes that, according to the 2019 and 2020 annual inspection reports, the number of inspections on labour relations issues in agriculture continued to decrease, with 300 in 2019 and 245 controls in 2020. Regarding compliance with OSH provisions, the ANSA carried out 315 inspections in 2019 and 215 in 2020. The Committee 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 once again requests the Government to provide information on the training provided to labour inspectors that relates specifically to their duties in the agricultural sector, particularly in the context of the transfer of competence from the ANSA to the SLI in 2021, including the number and duration of training programmes organized, the subjects covered in those programmes and the number of inspectors who participated in those programmes.

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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.
Article 3 of the Convention. Right of workers’ organizations to organize their activities. The Committee had previously requested the Government to provide information on any progress made towards adopting legislative provisions expressly providing for the participation of the relevant trade unions and employers’ organizations in determining the minimum services to be ensured in the event of a strike, as well as towards amending the list of services where strikes are prohibited pursuant to section 369 of the Labour Code contained in Decision No. 656 of 11 June 2004. The Committee recalled in this respect that among services where strikes are prohibited, services such as air freight and communication system enterprises were neither essential services in the strict sense of the term nor did they involve public servants exercising authority in the name of the State, where the right to strike could be prohibited. The Committee regrets that the Government does not address these issues in its report. The Committee notes from the CNSM observations that on 7 November 2017, the Constitutional Court delivered a judgment on the constitutionality of section 369 paragraphs (2), (3) and (4) of the Labour Code, section 21 paragraphs (2) and (3) of the Code on Railway Transportation and Government Decision no. 656 of 11 June 2004 on the approval of the Nomenclature of Units, Sectors and Services whose employees cannot take part in strike. The CNMS indicates that the Court considered that within public authorities, the right to strike can be restricted only for some categories of workers, namely the persons exercising authority in the name of the State and those whose functional competencies are to ensure public order, law and state security; thus the rights to strike of other categories of public employees should not be limited. . The Committee understands that in order to implement the 2017 judgment of the Constitutional Court, the Government adopted Decision No. 389 on 25 April 2018, which amended Decision No. 656. The Committee requests the Government to transmit a copy of Decision 389. It further once again requests the Government to indicate all measures taken in consultation with the social partners to adopt legislative provisions expressly providing for the participation of the relevant trade unions and employers’ organizations in determining the minimum services to be ensured in the event of a strike.

C088 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1, 3 and 6 of the Convention. Contribution of the employment service to employment promotion. Activities of the employment service. The Committee previously requested information on the impact of the measures taken by the National Employment Agency (NEA) to promote employment within the framework of its active employment policy, as well as disaggregated data on the users of NEA services, including the number of those who obtain employment through NEA services. The Government reports that, pursuant to Government Decision No. 990 of 10 October 2018, the NEA consists of a central office and 35 territorial employment subdivisions (TES), which operate according to regulations approved by the director of the NEA. The Committee also notes the information provided by the Government on the functions of the NEA and the TES, established by the Act on the Promotion of Employment and Unemployment Insurance (Act No. 105/2018). In addition, the Committee notes the detailed information provided by the Government under the Employment Policy Convention, 1964 (No. 122) regarding the various activities undertaken by the NEA in 2018 and 2019. The Committee requests the Government to continue to provide detailed updated information, including statistical data disaggregated by age, sex and region, on the impact of the NEA’s activities, particularly on the number of workers placed in employment. The Committee also requests the Government to provide updated information on the nature and impact of measures taken by the NEA to facilitate temporary transfers of workers from one area to another as a means of meeting temporary local needs in the supply of or the demand for workers (Article 6(b)(iii) of the Convention).
Article 7. Specialized services for youth and persons with disabilities. In its previous comments, the Committee requested the Government to provide information on the impact of activities implemented by the NEA to promote lasting employment opportunities for young persons and to assist persons with disabilities to find suitable employment on the open labour market. The Committee notes the information provided by the Government in this respect in its report on the application of the Employment Policy Convention, 1964 (No. 122), which includes information on the activities of the NEA conducted in 2018 to promote the employment of persons with disabilities and young persons. The Committee invites the Government to continue to provide information on the manner in which the NEA designs and delivers its services to meet adequately the needs of young jobseekers, persons with disabilities and other specific groups of jobseekers.

C095 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 11 of the Convention. Wages as privileged debts in bankruptcy proceedings. In its previous comments, the Committee noted the Government’s indication that draft amendments to the Insolvency Act had been prepared providing that employees’ wage claims would be given a secured priority status among privileged debts. It also noted that, according to the National Confederation of Trade Unions of Moldova (CNSM)’s observations, in the event of insolvency, payment of secured debts such as loans have priority over wage claims and that, consequently, the wages of hundreds or even thousands of employees remain unpaid for years. The Committee notes that the Government’s report does not include any relevant information on the abovementioned legislative amendments or on the issues raised by the CNSM regarding the application of Article 11 of the Convention in practice. In this context, the Committee requests once again the Government to provide its comments on the observations of the CNSM and to provide information on any measures taken or envisaged in law and practice to ensure that wage claims are privileged debts in insolvency proceedings. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.
Article 12(1). Regular payment of wages. The Committee previously noted that the CNSM referred to statistical data showing important amounts of wage arrears for the period January–March 2017, with the largest debts registered in the railway transport, agriculture, trade, and construction sectors, mostly in enterprises with majority state capital. The Committee notes that the Government does not provide any relevant information in this regard. It also notes that, according to the statistics contained in the inspection reports: (i) in 2019, 56 inspection controls confirmed wage arrears of about 15 million Moldovan lei (MDL), concerning 1,106 workers; (ii) in 2020, 114 inspection controls confirmed wage arrears of about MDL 35 million, concerning 1,622 workers; and (iii) from January to August 2021, 258 inspection controls confirmed wage arears of MDL 39.4 million, concerning 3,569 workers. In this context, the Committee requests the Government to take the necessary measures to ensure the regular payment of wages, as required by this Article of the Convention. It also requests the Government to provide information on any progress made in this respect, as well as relevant statistics on this issue, including the violations detected, remedies applied, and sanctions imposed.

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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.

C119 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 119 (guarding of machinery), 155 (OSH), 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.

A. General provisions

1. Occupational Safety and Health Convention, 1981 (No. 155)

2. Promotional Framework for Occupational Safety and Health Convention (No. 187)

I. Action taken at the national level

Article 2(3) of Convention No. 187. Consultation with the social partners to ratify relevant OSH Conventions. The Committee previously noted the Government’s statement that the Occupational Health Services Convention, 1985 (No. 161), was being targeted by the Ministry of Health for the preparation of ratification. The Committee notes that the Government report contains no information on this matter. The Committee therefore once again requests the Government to provide information on the consideration given, in consultation with the social partners, to the ratification of additional ILO conventions on OSH, including Convention No. 161.

B. National policy

Articles 4 and 7 of Convention No. 155, and Article 3(1) of Convention No. 187. Periodic review of the national policy and situation regarding occupational safety and health. The Committee notes that, in response to its previous comments, the Government once again refers to section 222 of the Labour Code and sections 4 and 5 of the Law on OSH, which provide for the areas to be covered by the state OSH policy, and the consultation that shall take place for its development and review. However, the Committee notes that a national OSH policy has not yet been adopted.  The Committee requests the Government to provide information on the steps taken for the formulation and implementation of a coherent national policy on occupational safety and health, and to provide information on the measures adopted to periodically review this policy, in consultation with the most representative organizations of employers and workers.

C. National system

Article 4(1) of Convention No. 187. Progressive development and periodic review in consultation with the most representative organizations of employers and workers. System of inspection. The Committee notes that, according to the Government’s report submitted for the Labour Inspection Convention, 1947 (No. 81), following the adoption of Law No. 191 of 2020 which amends a number of labour laws, supervision in the field of OSH, including the investigation of occupational accidents, was transferred from ten sectoral agencies to the State Labour Inspectorate (SLI) on 1 January 2021. With reference to its comment under Convention No. 81, the Committee requests the Government to continue providing information on the measures taken or envisaged to progressively develop a national OSH system in consultation with the social partners for the continuous improvement of OSH in the country.
Article 4(3)(d) of Convention No. 187. Occupational health services. The Committee previously requested the Government to provide information on how occupational health services are provided in undertakings with fewer than 50 workers. The Committee notes the Government’s reference to Chapters II, IV and V of the Regulation on the organization of activities for the protection of workers at work and occupational risk prevention, approved by Government Decision No. 95/2009, which regulates the organization and development of internal and external protection and prevention services. It also notes that, in accordance with section 11(4) of the Law on OSH, if the resources are not sufficient for the organization of protection activities, the employer is obliged to resort to external protection and prevention services accredited in the manner provided by law. Moreover, pursuant to section 7(12) of the Regulations on the organization and operation of the Ministry of Labour and Social Protection, approved by Government Decision No. 149/2021, the Ministry is responsible for ensuring, through the subordinated institutions, the provision of services in the fields of its competence. The Committee requests the Government to provide practical information on the provision of occupational health services in undertakings with fewer than 50 workers, particularly where provided by external services, including the number or proportion of such undertakings using internal and external protection and prevention services. The Committee also requests the Government to provide information on the accreditation of external occupational health services, as foreseen in section 11(4) of the Law on OSH, as well as on the subordinated institution of the Ministry of Labour and Social Protection that is responsible for occupational health services.
Article 4(3)(e) of Convention No. 187. Research on occupational safety and health. The Committee notes the Government’s reference to the checklist in the field of OSH used by the SLI when carrying out supervisory activities which, however, does not refer to research on occupational safety and health. The Committee once again requests the Government to provide information on the measures taken to carry out research on occupational safety and health.
Article 11(c) of Convention No. 155 and Article 4(3)(f) of Convention No.187. Procedures for the notification of accidents and diseases and the collection and analysis of data. In its previous comment, the Committee requested the Government to provide information on the mechanisms for the collection and analysis of data on cases of occupational disease. The Committee notes that Government Decision No. 1282 of 2016 on the Approval of the Sanitary Regulation Regarding the Research and Establishment of the Diagnosis of Occupational Disease (intoxication) provides that the investigation of suspected cases of occupational diseases (including poisoning), their registration and reporting, as well as the recommendation of measures to improve working conditions, are the responsibility of the specialists of the public health centres of the National Agency for Public Health. This Agency is a subordinate institute of the Ministry of Health. The Committee also notes that the labour inspection report 2020 does not provide statistics on occupational diseases. According to this report, the delayed or missing communication to the SLI by the employer of the occurrence of the accident itself is an obstacle to the investigation of the circumstances and causes of occupational accidents. The Committee requests the Government to provide further information on the activities of the National Agency for Public Health with regard to the collection and analysis of data on cases of occupational disease, including relevant statistics. It also requests the Government to indicate the measures adopted to ensure coordination and exchange of information between the National Agency for Public Health and the SLI. Furthermore, the Committee requests the Government to provide information on the measures taken to reinforce the application of procedures for the notification of occupational accidents and diseases by employers.
Article 4(3)(h) of Convention No. 187. Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate whether support mechanisms for the progressive improvement of OSH conditions in micro-enterprises, SMEs and the informal economy have been set up and implemented, and if so, to provide information on the measures taken.

D. National programme

Article 5 of Convention No. 187. Formulation, implementation, monitoring, evaluation and periodic review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. In its previous comment, the Committee urged the Government to pursue its efforts to formulate, adopt and implement a national OSH programme, in consultation with the most representative organizations of employers and workers. The Committee notes that one of the outcomes of Decent Work Country Programme (DWCP) 2016–2020 aimed at improving the capacity of tripartite constituents to effectively implement a gender-sensitive national OSH programme. Noting the absence of information on the progress made in this regard, the Committee once again urges the Government to pursue its efforts to formulate, adopt and implement a national OSH programme, in consultation with the most representative organizations of employers and workers, as required by Article 5(1) of the Convention.

II. Action at the level of the enterprise

Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Arrangements to promote, at the level of the enterprise, cooperation between management, workers and their representatives. Micro-enterprises and SMEs. The Committee notes the Government’s reference to section 14(1)(a) of the Law on OSH regarding the employers’ responsibility in providing information and taking protective and preventive measures at the level of the enterprise. It notes, however, that the Government does not provide any specific information concerning micro-enterprises and SMEs. The Committee once again requests the Government to provide specific information on any measures taken or envisaged to further promote OSH with respect to micro enterprises and SMEs.
Application of Conventions Nos 155 and 187 in practice. The Committee previously requested the Government to provide statistical information on the number and nature of contraventions reported and the number, nature and causes of occupational accidents. It also requested the Government to indicate the measures adopted in order to ensure continuous improvement of occupational safety and health in the country. The Committee notes that the statistics contained in the labour inspection report for 2020 include information on the number of controls carried out by OSH inspectors and the number of violations recorded. The labour inspection report also includes breakdowns on sector-based occupational accidents and fatalities as well as information on the causes of accidents. The Committee requests the Government to continue to provide statistical information on the number and nature of the contraventions reported and the number, nature and causes of occupational accidents.

E. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Article 1(3) of the Convention. Application of the provisions of the Convention to road and rail vehicles and to mobile agricultural machinery. The Committee previously noted that paragraph 2(e), Chapter I, of the Government Decision No. 130 of 2014 on the approval of Technical Regulations on Industrial Machines, excludes from the scope of its application: tractors and trailers intended for use in agriculture, except machinery mounted thereon; vehicles and their trailers, designed and constructed for use on the road; and means of transport by railroad tracks, except machinery installed thereon.
The Committee notes the Government’s indication that the relevant requirements are contained in OSH-related documents relevant for the activity of the Moldavian Railway Company and other road transport companies. The Government also refers to the provisions of Government Decision No. 603/2011 on minimum safety and health requirements for the use of work equipment by workers at work, which provides requirements applicable to mobile work equipment, self-propelled or not. The Committee requests the Government to provide further details on the provisions of the OSH-related documents that regulate the activity of the Moldavian Railway Company and other road transport companies giving effect to the provisions of the Convention. With regard to the exclusion of means of transport intended for use in the agriculture and forestry sector, the Committee refers to its comment below on Convention No. 184.
Articles 2 and 4. Prohibition of the sale and hire, transfer or exhibition of machinery without appropriate guards. The Committee previously noted that the obligation contained in paragraph 6 of the Technical Regulations on Industrial Machines refers to manufacturers or their authorized agent. The Committee requested the Government to indicate the measures adopted to give effect to Article 4 of the Convention, which provides that the obligation to ensure compliance with the requirements of Article 2 of the Convention shall rest on the vendor, the person letting out on hire or transferring the machinery in any other manner, on the exhibitor and, where appropriate under national laws or regulations, on their respective agents. Noting the absence of information on the matter, the Committee once again requests the Government to indicate the measures taken to give effect to Article 4 of the Convention.
Articles 6 and 11(1). Prohibition of the use of machinery without appropriate guards. Prohibition of a worker from using, or being required to use machinery without the guards provided being in position. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the measures that have been taken or are envisaged to: (i) prohibit the use of machinery, any dangerous part of which, including the point of operation, is without appropriate guard; and (ii) prohibit a worker from using or being required to use machinery without the guards provided being in position.
Article 13. Application to self-employed workers of the obligations of employers and workers contained in Part III of the Convention. Noting the absence of information in this regard, the Committee requests the Government to provide information regarding the application of Article 13 of the Convention.
Application in practice. The Committee notes that, according to the labour inspection report of 2020, the number of accidents, including fatal accidents, in the manufacturing industry is the highest after the public sector, including defence. The labour inspection report also indicates that accidents caused by catching, hitting or crushing of machineries and other equipment is the most common cause of occupational injuries. The Committee requests the Government to continue providing information on the application of the Convention in practice including statistics disaggregated by gender if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, the number, nature and causes of the accidents reported, and information on any practical difficulties in the application of the Convention.

F. Protection in specific branches of activity

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4 of the Convention. National policy on safety and health in agriculture. Consultations with the representative organizations of employers and workers. The Committee previously requested the Government to provide information on the agricultural component of the draft National OSH Strategy and on the consultations held with employers’ and workers’ organizations for the elaboration of the strategy. Noting the absence of information in the Government’s report, the Committee requests the Government to provide information on any development regarding the elaboration of a national OSH strategy, indicating any provisions which specifically concern safety and health in agriculture, and on the manner in which the employers’ and workers’ organizations concerned have been consulted in the elaboration of this strategy.
Article 9. Technical standards. Machinery safety and ergonomics. Manufacturers, importers and suppliers. The Committee previously noted that the Technical Regulations on Industrial Machines do not apply to means of transport intended for use in the agriculture and forestry sector (tractors, trailers, towed machines, etc.). Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide further information on the manner in which it is giving effect to Article 9 with regard to means of transport in the agricultural sector.
Article 11(1). Establishing safety and health requirements for the handling and transport of materials. Following its previous comments, the Committee notes with interest the Government’s indication in its report that the minimum requirements for safety and health at work for manual handling of loads presenting risks to workers was approved by Government Decision No. 584 of 2016. In accordance with section 5, when the manual handling of loads cannot be avoided, the employer must organize the work in such a way that the handling is as safe as possible for the health of workers. The employer is also obliged to evaluate in advance the OSH conditions in which the work is performed, taking into account the elements specified in Annex I, including characteristics of loads (maximum weight for different workers and situations), physical efforts required, characteristics of the working environment, activity requirements and individual risk factors. The Committee takes note of this information, which addresses its previous requests.
Article 12. Appropriate system for the importation, classification, packaging and labelling of chemicals, and adequate information. Disposal of chemical waste. Following its previous comments, the Committee notes that the several provisions of the Law on Chemicals, adopted in 2018, give effect to Article 12 of the Convention. Chapter III provides for the responsibilities and obligations of operators in the supply chain (manufacturers, importers and any other operators), including in particular section 13 (hazardous and risk information on chemical substances and mixtures), section 14 (packaging of chemical substances and chemical mixtures) and section 15 (presentation of information regarding chemicals). Section 31(2) provides that the collection, disposal and packaging of hazardous chemicals shall be carried out in accordance with the Law on waste (adopted in 2016). The Committee also notes that, according to section 46(2) of the Law on Chemicals, the Government shall ensure the gradual establishment of the classification and labeling system and inventory within three years of the entry into force of this Law. The Committee requests the Government to provide information on any development regarding the establishment of a classification and labelling system and inventory, as required by section 46(2) of the Law on Chemicals.
Article 13. Preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking. The Committee notes that the Government’s report does not contain any information on the law and practice on preventive and protective measures for the use of chemicals and handling of chemical waste at the level of the undertaking. The Committee requests the Government to provide information on the law and practice followed in application of Article 13.
Article 14. Animal handling and protection against biological risks. The Committee previously requested the Government to provide information on progress made in adopting national provisions giving effect to Article 14 of the Convention. Noting the absence of information in this regard, the Committee once again requests the Government to provide information on progress made in adopting national provisions giving effect to Article 14 of the Convention and to supply a copy of these provisions once adopted.
Article 19(b). Minimum accommodation standards for agricultural workers. The Committee once again notes the absence of information on this point. It therefore requests the Government to indicate the legislation or other provisions prescribing minimum accommodation standards for workers who are required by the nature of the work to live temporarily or permanently in the undertaking, and to supply information on consultations held with representative organizations of employers and workers concerned in this regard.
Application in practice. The Committee refers to its comment on the application in practice of the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

C122 - 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.

C127 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

C131 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

C132 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 4(1) of the Convention. Proportionate annual leave in case of insufficient length of service. The Committee previously noted that section 115 of the Labour Code does not provide for a proportionate holiday entitlement for a fraction of a working year, and requested the Government to indicate any measures to give effect to this provision of the Convention. The Committee notes that the Government report does not contain any relevant information in this regard. The Committee once again requests the Government to indicate any measures adopted or envisaged to give effect to this provision of the Convention.
Article 9(1). Postponement or accumulation of annual leave. In previous comments, the Committee noted that section 118(3) of the Labour Code allows annual leave to be transferred to the next working year, when the activity of the enterprise would so require, in which case the employee has the right to take the holidays of two consecutive years either combined or divided into parts. The Committee notes that this provision does not appear to be consistent with the Convention, which requires that an uninterrupted part of at least two weeks must be granted no later than one year after the end of the year in respect of which the holiday entitlement has arisen. The Committee notes that section 118(3) of the Labour Code has been revised by Law No. 157 of 2017, in order to provide that in case of postponement, at least 14 calendar days of paid annual leave shall be granted to the worker concerned, while the remaining part shall be granted before the end of the following year. The Committee takes note of this information, which addresses its previous request.

C150 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 4 of the Convention. Organization and functioning of the labour administration system. The Committee notes that the Ministry of Labour and Social Protection is established by Government Decision No. 149 of 25 August 2021. The Committee also notes that the annexes to this Decision include: (1) Regulation on the organisation and operation of the Ministry; (2) the structure of its central apparatus; (3) the organizational chart of the Ministry; (4) the list of administrative authorities subordinated to it and (5) the list of public institutions founded by the Ministry. The Committee requests the Government to provide further information on arrangements made to ensure the effective operation and coordination of the system of labour administration in practice, both at national and local level, including monitoring implementation of OSH visits, ensuring that inspectors are adequately trained, and providing for suitably equipped inspections offices.
Article 5. Consultation, cooperation and tripartite negotiation in the context of the labour administration system. The Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122) and on the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).
Article 10. Human resources and material means of the labour administration. The Committee notes that, according to section 2 of Government Decision No. 149 of 25 August 2021, the headcount of the central apparatus of the Ministry of Labour and Social Protection is set at 67 units, with an annual budget of the personnel remuneration in accordance with the law. The Committee requests the Government to provide further information on the proportion of the national budget allocated to the Ministry of Labour and Social Protection, as well as information on the composition, status and conditions of service of the staff of the labour administration system, including comparisons with the status and conditions of service of staff performing similar monitoring and inspection duties such as tax inspectors and police.

C183 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3 of the Convention. Health protection. In its previous comments, the Committee requested the Government to provide information on the occupations considered dangerous or posing a risk to the health of mothers and children. The Committee further requested the Government to indicate the measures taken to reduce occupational risks and guarantee a safe working environment for pregnant and breastfeeding workers and their children.
Notwithstanding the absence of a reply from the Government, the Committee observes that a number of legislative provisions have been adopted since it last examined the application of this Article of the Convention. The Committee notes, in particular, that section 248 of the Labour Code, as amended by the Act No. 155 of 20 July 2017, prohibits the performance of work that poses a risk to the safety and health of pregnant women, women who have recently given birth and breastfeeding women. Moreover, the Government’s Decision No. 1408 of 27 December 2016 on Minimum Occupational Safety and Health Requirements for the protection of pregnant women, women who have recently given birth and breastfeeding women, requires that employers carry out an assessment of workplace risks related to the safety and health of such women workers and inform them of the results of the assessment. In case of an identified workplace risk, an employer shall adapt the working conditions of a pregnant or breastfeeding woman or transfer her to another post (section 1 of the Decision of the Government No. 1408 of 27 December 2016). The Committee also notes that, pursuant to section 250(5) of the Labour Code, if a transfer to another post is not feasible, pregnant and breastfeeding women shall be released from their work duties with the preservation of the average wage for the period they are not able to work. The Committee takes due note of these legislative provisions.
Article 6(2) and (3). Maternity benefits paid out of social insurance. (i) Level of maternity allowances. In its previous comments, the Committee requested the Government to indicate how the amount of maternity allowances paid to women who did not qualify for maternity cash benefits related to the monthly subsistence minimum in the country.
In the absence of a reply from the Government, the Committee observes from the provisions of section 6(6) of the Act No. 289 of 22 July 2004 on Allowances for Temporary Incapacity for Work and Other Social Security Benefits, as amended in 2021, that all insured women qualify for maternity cash benefits since entitlement is not conditional upon the completion of a prescribed contribution period. The Committee further observes that, pursuant to section 7(7) of Act No. 289 of 22 July 2004, insured women who have contributed for less than 9 months in the last 24 months or who have a total contribution period of less than 3 years are entitled to maternity cash benefits at the rate of 35 per cent of the average monthly wage, as determined by the Government. In this connection, the Committee observes that, 35 per cent of the average monthly wage in 2021 (8,716 MDL as per the Government’s Decision No. 923 of 22 December 2020) amounted to 3050.6 MDL (approximately 152.53 EUR) which was substantially higher than the monthly subsistence minimum of 2,082.7 MDL (approximately 105,09 EUR) for one person in 2020 (according to the data of the National Bureau of Statistics of the Republic of Moldova). The Committee takes due note of this information.
(ii) Level of maternity cash benefits for women workers in the public sector. The Committee observes that, while the monthly minimum wage in the private sector was equal to 2,775 MDL (approximately 138,75 EUR) in 2020 (Government’s Decision No. 165 of 9 March 2010, as amended in 2019), the monthly minimum wage in the public sector was equal to 1,000 MDL (approximately 50 EUR) (Government’s Decision No. 550 of 9 July 2014), which constitutes less than half of the monthly subsistence minimum of 2,082.7 MDL (approximately 104,13 EUR) for one person. Taking into account that the maternity cash benefit to which insured women with a total contribution period of at least 3 years are entitled by law is equal to 100 per cent of the average insured income for the last 12 months (sections 7(1) and 16(5) of Act No. 289 of 22 July 2004), the Committee observes that the benefit paid to women working in the public sector who earn less than the subsistence minimum for a given year may not be sufficient to meet their basic needs and their children’s. In this connection, the Committee notes that, in 2019, the European Committee of Social Rights (ECSR) concluded that the Republic of Moldova was not in conformity with Article 8§1 of the European Social Charter, which requires the provision of adequate social security benefits during maternity leave, on the ground that the amount of maternity benefits is manifestly too low in the public sector.
The Committee recalls that Article 6(2) of the Convention requires that maternity cash benefits be at a level which ensures that all women protected can maintain themselves and their children in proper conditions of health and with a suitable standard of living. In view of the above, the Committee requests the Government to provide information on any additional maternity cash benefits provided to women workers in the public sector who earn less than the minimum subsistence level to ensure that they can maintain themselves and their children in proper conditions of health and with a suitable standard of living, as required by Article 6(2) of the Convention.
Article 9(2). Pregnancy test. In the absence of a reply from the Government, the Committee reiterates its request to the Government to indicate whether the introduction in the national legislation of a provision expressly prohibiting pregnancy tests or certificates of such a test when a woman is applying for employment is deemed necessary to ensure the application of Article 9(2) of the Convention. The Committee further requests the Government to provide information on any measure prohibiting employers, in practice, from requiring women to undertake or produce a certificate of such tests when applying for employment, including efforts to monitor or enforce such a measure and the results of such efforts.
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