Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

Convention (n° 81) sur l'inspection du travail, 1947 - République de Moldova (Ratification: 1996)

The Committee notes the Government's first report (period ending 12 August 1998). The Committee also notes the comments made by the National Confederation of Employers of the Republic of Moldova (No. 08/03, dated 12 November 1998) and those of the Council of the General Federation of Trade Unions of the Republic of Moldova (No. 07/03523, dated 20 August 1998). It requests the Government to provide further information on the application of the following provisions of the Convention:

Article 3, paragraph 1(a). Please indicate whether the State Inspectorate for Labour Protection also supervises observance of the labour legislation.

Article 3, paragraph 1(c). Please indicate whether the functions of the State Inspectorate include bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

Article 5, paragraph (a). Please indicate the arrangements made by the competent authority to promote effective cooperation and the specific forms of such cooperation within the meaning of this provision.

Article 7, paragraph 2. Please provide details in respect of the means of ascertaining qualifications of state inspectors.

Article 8. The Committee asks the Government to indicate the percentage of women inspectors and of any special duties which might have been assigned to them.

Article 10. Please indicate the actual number of labour inspectors, their different categories, if any, including inspectors to whom special or technical functions may be assigned, and particulars of the geographical distribution of the inspection staff.

Article 11, paragraphs 1(a), (b) and 2. The Committee asks the Government to indicate specific arrangements made to give effect to these provisions of the Convention.

Article 12, paragraph 1(c)(i), (iii) and (iv). Please indicate whether state inspectors have the powers provided for in these provisions of the Convention and, if so, indicate the corresponding provisions in national legislation.

Article 12, paragraph 2. Please indicate whether state inspectors are required on the occasion of an inspection visit to notify the employer or his representative of their presence, unless they consider that such notification may be prejudicial to the performance of their duties and, if so, indicate the corresponding provisions in national legislation.

Article 13, paragraph 2(a). The Committee asks the Government to indicate whether state inspectors are authorized to make or to have made orders requiring such alterations to the installation or plant, to be carried out within a specified time limit, as may be necessary to secure compliance with the legal provisions relating to the health or safety of the workers and, if so, indicate the corresponding provisions in national legislation.

Article 13, paragraph 3. Please indicate whether the procedure set forth in this provision is applied and, if so, provide information on the modalities thereof.

Article 14. Please indicate the procedure for notifying the State Inspectorate for Labour Protection of occupational accidents and whether the State Inspectorate is also notified of cases of occupational disease.

Article 15, paragraph (b). The Committee asks the Government to indicate the penalties or disciplinary measures prescribed for revealing by labour inspectors (former labour inspectors) of manufacturing and commercial secrets or other information, which may have come to their knowledge in the course of their duties.

Article 16. Please indicate the measures taken to ensure adequate frequency and thoroughness of inspection visits.

Article 17, paragraph 1. Please indicate whether persons who violate or neglect to observe legal provisions enforceable by state inspectors for labour protection are liable to legal proceedings without previous warning and whether in certain cases previous notice to carry out remedial or preventive measures is to be given.

Article 17, paragraph 2. The Committee asks the Government to indicate whether state inspectors have the discretion to give warning and advice instead of instituting or recommending proceedings.

Article 18. Please indicate what penalties are provided for obstructing state inspectors in the performance of their duties.

Article 20, paragraph 2. The Committee asks the Government to indicate the date of publication of the annual general report.

Article 27. Please indicate whether arbitration awards and collective agreements upon which the force of law is conferred are enforceable by labour inspectors.

Part III of the report form. Please provide information in respect of the working of inspection.

The Committee also asks the Government to provide copies of the following documents:

-- the most recent annual general report published by the State Inspectorate for Labour Protection;

-- the most recent version of the Code of the Republic of Moldova on administrative offences;

-- the most recent version of the Criminal Code of the Republic of Moldova;

-- Law No. 443-XIII of 4 May 1995 on the public service;

-- Resolution No. 286 of 24 May 1993 on the unified conditions of remuneration of labour of employees of budgetary institutions on the basis of the unified scale of wage rates;

-- Resolution No. 154 of 22 April 1994 on the approval of the procedure of formation and utilization of special funds of labour protection of economic units, ministries, departments, other bodies of state administration, pri-mayor's offices of cities and regional executive committees;

-- Resolution No. 890 of 5 December 1994 on the organization of education in the area of labour protection;

-- Resolution No. 835 of 20 December 1995 (as amended) on streamlining of the use of official cars in the bodies of public administration;

-- Resolution No. 380 of 23 April 1997 on the approval of regulations on the procedure for investigation of accidents in the industry;

-- Resolution No. 780 of 13 August 1998 on the State Inspectorate for Labour Protection, attached to the Ministry of Labour, Social Protection and Family;

-- Order No. 341-p of the Ministry of Labour, Social Protection and Family of 30 December 1998 concerning the structure of the State Inspectorate for Labour Protection.