Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

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

The Committee notes the Government’s report. In its previous comments, the Committee noted the observations made on 30 January 2004 by the General Federation of Trade Unions of the Republic of Moldova (CSRM) on the subject of the Government’s previous report on the application of the Convention and on the information provided in reply by the Government. The Committee also noted the adoption of a new Labour Code dated 28 March 2003 and a new Penal Code dated 18 April 2002 and it had requested the Government to supply further information on the training of inspection staff and on material resources, equipment, transport and reimbursement of expenses for occupational costs, as well as a copy of the relevant texts and documents to enable it to make an assessment of the situation of law and practice in regard to the Convention.

The Committee notes that relevant information is provided in the annual inspection report, received by the Office in July 2006.

1. Part I of the report form. Provision of the legislation and regulations giving effect to the Convention. While noting with interest the introduction in the new Labour Code of a large number of provisions in conformity with the spirit and the letter of the Convention in regard to the functions and operation of the State labour inspectorate, the powers, prerogatives and obligations of inspectors, and the obligations of employers, the Committee notes that the Government has not provided the legislative texts and agreements that it indicated were attached to the report. It therefore once again requests the Government to send to the Office, as soon as possible, the following texts:

–      Public Service Act No. 443-XIII of 4 May 1995, Order No. 1481 of 27 December 2001 regulating labour inspection;

–      Order No. 1736 of 31 December 2002;

–      Ministry of Health Instruction No. 257 of 8 November 1993;

–      the Code of Administrative Offences;

–      Order No. 836 of 24 July 2002 respecting reimbursement to inspectors of service-incurred expenses; as well as

–      texts of the cooperation agreements concluded between the labour inspectorate and the Confederation of Free Trade Unions of the Republic of Moldova “Solidarity”, the CSRM and the National Confederation of Employers of the Republic of Moldova.

2. Articles 7, 10 and 11 of the Convention. Training of labour inspectors and resources of the inspection services. The annual inspection report for 2005 shows that labour inspectors have benefited from various training courses, for example on occupational safety and health in the context of a national programme for the prevention of injury from electrocution. The programme is financed by the European Bank for Reconstruction and Development, with the support of a Canadian hydroelectric company. Exchanges of experience have also been organized with the Belgian and Romanian labour inspectorates. The Committee notes this information with interest. However, with regard to the resources of the labour inspectorate, it notes that the number of inspectors is not sufficient to cover the need for inspection in all the fields of legislation for which they are responsible and the material resources available to them are inadequate. Moreover, the discharge of their inspection functions is hindered by the obstruction of certain employers, which could serve to perpetuate the phenomenon of illegal work. The Committee would be grateful if the Government would provide information on any measures envisaged or implemented to remedy the shortcomings indicated in the annual report, and any relevant text.

In addition, the Committee would be grateful if the Government would supply, in compliance with article 23, paragraph 2, of the ILO Constitution, its 2004 report in response to the comments of the CSRM to the latter organization, as well as to the other most representative organizations of employers and workers.

The Committee is addressing a request on other matters directly to the Government.