Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

République de Moldova

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1996)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1997)

In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

The Committee notes the observations made by the National Confederation of Trade Unions of Moldova (CNSM) in its communications received on 25 May and 26 July 2016 concerning the lack of follow-up given to the recommendations in the report of the tripartite committee set up to examine the representation alleging non-observance by the Republic of Moldova of Convention No. 81 submitted under article 24 of the ILO Constitution by the CNSM and adopted by the Governing Body in March 2015 (GB.323/INS/11/6).

The CNSM emphasizes that, pursuant to the recommendations of the tripartite committee, the Republic of Moldova was requested to take, without further delay, the necessary steps to ensure effective implementation of Articles 12 and 16 of Convention No. 81 including the review of Laws Nos 131 and 140 in light of the conclusions of the report adopted by the Governing Body. The CNSM expresses concern that Law No. 131 on state control over business activity still provides for serious limitations to labour inspection activity, and that Law No. 18, adopted on 4 March 2016, introduced a moratorium on, among other things, labour inspection for the period 1 April to 31 July 2016. The Committee also notes the CNSM’s indications that the Government has submitted a draft law to Parliament to amend Law No. 131 on state control over business activity which could result, if adopted, in the abolition of the State Labour Inspectorate. The CNSM indicates that, pursuant to this draft law, the State Tax Inspectorate would be entrusted with “monitoring of labour discipline and the rights guaranteed by the labour legislation”. According to CNSM, the State Labour Inspectorate is no longer mentioned in the list of monitoring bodies and no provisions specify the body responsible for the control of the other aspects of labour law.

The Committee notes from information available at the ILO that both Law No. 131 on state control over business activity and Law No. 140 on state labour inspection were amended on 23 September 2016 by Law No. 293, which appears to introduce further restrictions and limitations on labour inspection.

The Committee requests that the Government provide its comments on the observations of the CNSM. It also requests that the Government provide a copy of Law No. 293 and indicate its impact on the application of Conventions Nos 81 and 129. In this respect, the Committee urges the Government to take the necessary measures to bring the national legislation and practice into conformity with Articles 12 and 16 of Convention No. 81 and Articles 16 and 21 of Convention No. 129 in light of the conclusions adopted by the Governing Body in 2015 and the observations of this Committee published in 2016. Moreover, the Committee recalls that any moratorium placed on labour inspection is a serious violation of these Conventions.