Documented violations - actual number of cases may be higher
Population:
3,600,000
Capital: Chisinau
Capital: Chisinau
Unionists were sanctioned during the year. Law enforcement remains a problem, and the legal framework is not conducive to trade union activities.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
Moldova is one of poorest countries in Europe: the average salary in 2010 was only around EUR 180. Due to unemployment and low salaries, people leave the country in search of work, and incomes of emigrant workers continue to be significant for Moldavian families. In 2010 they sent over USD 1.1 billion to the country. In September a referendum to change the Constitution to allow for direct presidential elections was held, but it failed due to a low participation rate. On 28 November 2010 early parliamentary elections were held.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
3,600,000
Capital: Chisinau
Capital: Chisinau
reported violations- 2011
Documented violations - actual number of cases may be higher
Trade union rights in law
A number of limitations on trade union rights apply despite initial guarantees. The right to form or join a trade union is recognised by the Constitution, and the Trade Union Law of 2000 provides for trade union independence. However, unions may only acquire legal status if they are members of a national branch organisation or national cross-sectoral trade union organisation, which unduly limits the freedom of the unions. The Labour Code also stipulates that either party to a collective dispute
collective dispute
See industrial dispute
may submit the conflict to judicial tribunals for settlement if negotiations fail or if the party disagrees with the decision of the reconciliation commission. The right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is prohibited for government workers and workers in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
, the list of which exceeds the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights definition. Furthermore, workers having participated in an unlawful strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike may face serious fines and even imprisonment.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is prohibited for government workers and workers in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
, the list of which exceeds the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights definition. Furthermore, workers having participated in an unlawful strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike may face serious fines and even imprisonment.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by law.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
Restrictions
Restrictions on workers' right to form and join organizations of their own choosing:
- >Single trade union system imposed by law and/or a system banning or limiting organising at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
- Pursuant to section 10 of the Law on Trade Unions, primary trade union organisations may acquire legal status only if they are members of a national branch organisation or national cross-sectoral trade union organisation. All trade union organisations should therefore belong to national trade union organisations, thereby leading to an effective monopoly situation in which trade unions formed outside the national structure are not able to engage fully in the activities of defending and promoting the interests of their members. In 2009, the ILO requested the Government to amend section 10(5) of the Law on Trade Unions so as to guarantee the right of workers to establish and join organisations of their own choosing, including those not included in the existing national trade union structure and to indicate the measures taken or envisaged in this respect.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
Right to strike
Principles
Right to strike:
- >The right to strike is recognised in the Labour Law.
Restrictions
Legal barriers to lawful strike actions:
- >Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions
- The ILO requested the Government to amend section 360(1) of the Labour Code according to which, if the parties to the collective labour dispute have not reached an agreement or disagree with the decision of the reconciliation commission, either party has the right to submit an application to settle the conflict in the judicial tribunals. The ILO requested the Government to take the necessary measures to amend the legislation so as to ensure that referral of the dispute to the judicial tribunals is possible only upon request by both parties to the dispute, or in cases involving essential services in the strict sense of the term or public servants engaged in the State administration.
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)
- The Labour Code prohibits political strikes. Solidarity strikes are allowed.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- Unlawful strikes are punishable by a fine of 500 "conventional units", or by unpaid labour for public benefit for a period between 100 and 240 hours, or by imprisonment for a period of up to three years. Also, pursuant to section 358(1), the organisation of, or active participation in collective actions that violently disrupt public order by obstructing the normal functioning of transport, enterprises, institutions and organisations are punishable by fines of 500 "conventional units" or by imprisonment for a period of up to three years. For several years, the ILO has been requesting the Government to amend the abovementioned sections of the Criminal Code.
Limitations or ban on strikes in certain sectors:
- >Undue restrictions for "public servants"
- Government workers and those in essential services are not allowed to strike. The list of workers that do not have the right to strike exceeds the categories defined by the ILO as essential services.
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- Government workers and those in essential services are not allowed to strike. The list of workers that do not have the right to strike exceeds the categories defined by the ILO as essential services.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
3,600,000
Capital: Chisinau
Capital: Chisinau
reported violations - 2011
Documented violations - actual number of cases may be higher
In practice
Trade union activity difficult: The creation of new unions remains a problem due to the employers’ resistance. Collective agreements are mainly signed at enterprises having a long history of collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
and conclusion of collective agreements.
See collective bargaining agreement
and conclusion of collective agreements.
Weak enforcement : Law enforcement remains weak. Neither labour inspectorates nor prosecutors’ offices have been effective in monitoring and enforcing labour standards, especially the right to organise.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
3,600,000
Capital: Chisinau
Capital: Chisinau
reported violations - 2011
Documented violations - actual number of cases may be higher
Violations
Activist dismissed after forming union :
Konstantin Beliy had been working as a guard for three years in the network of Supermarkets “#1” (“47 Parallel”) in the city of Kishinev. Facing numerous violations of workers’ rights, he formed a trade union affiliated to the trade union of Commerce, Catering, Restaurant, Hotel, Service and Consumer Cooperatives Workers’ Union (SindLUCAS), and was elected its Chair. After appealing to Labour Inspection labour inspection An authority responsible for ensuring compliance with labour laws and legal provisions relating to protection of workers through the inspection of workplaces. , unlawful withdrawals from the employees’ salaries were stopped. The trade union also tried to negotiate collectively with management on overtime and the employer’s refusal to provide vacation to the employees, as provided for by legislation.
At the end of July Mr. Beliy was disciplinarily punished for agitating workers to join the trade union. On 27 September Beliy was dismissed without the approval of a higher-level trade union as required by Moldavian law. Beliy appealed to the courts, and the case is currently under consideration. The Director of the company reportedly said that she was ready to pay any amount of money to prevent the return of Beliy and the union to the supermarkets.
Union leaders arrested for claiming unpaid wages:
On 14 December five union leaders from the Glodeni sugar plant workers’ union - Chair Vasilii Guleac, Vice-Chair Valentina Semeniuc and activists Anatolie Furtuna, Fiodor Svoevolin and Victor Colibaba - were charged with criminal offences and placed under house arrest for several weeks in a move to prevent them from claiming wages and benefits for the union’s members.
The workers at Glodeni had not been paid since June 2009. The arrests followed more than a year of campaigning by the union to defend jobs and get wage arrears paid after the plant owners were declared bankrupt. The workers had set up a round-the-clock vigil in front of the plant’s gate to prevent the removal from the plant of sugar that had been impounded by a court.
The bankruptcy administrator tried to load trucks and remove the sugar from the plant, but the workers prevented it. The administrator then filed a lawsuit against the union activists to claim MDL 228,020 (USD 18,500) to cover the costs of the unused trucks. On 17 December the Court of Appeal of Moldova rejected the prosecutor’s request to keep the activists in detention and ordered the immediate release of the five union leaders.
Trade union leader dismissed:
Since 2007 management of “La casa nouă” JSC in the city of Kishinev has impeded the activity of the local union local union A local branch of a higher-level trade union such as a national union. at “La casa nouă”, affiliated to the trade union of Commerce, Catering, Restaurant, Hotel, Service and Consumer Cooperatives Workers’ Union (SindLUCAS). In September 2007 the local union local union A local branch of a higher-level trade union such as a national union. ’s documents were snatched from its office. In July the union Chair Vasiliy Pozhoga, whose position of lawyer at the company was made redundant, was transferred to a position of seller-consultant with a salary that was three times lower than for those newly recruited into the same position. Mr. Pozhoga also faced numerous acts of discrimination and intimidation. In 2009 transfers of trade union dues were suspended by the company.
On 30 April 2010 Vasiliy Pozhoga was dismissed for absence from the workplace. On 16 December 2010 he was reinstated by the Botanika sector court of the municipality of Kishinev, but the decision was appealed by the employer and was not executed. Another member of the union, Gangan Maria, was dismissed 30 March 2010 without the approval of a higher-level trade union as required by Moldavian law. In August 2010 she was reinstated, with the decision coming into force in December 2010. However, she had not been reinstated by the end of the year.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
3,600,000
Capital: Chisinau
Capital: Chisinau
reported violations - 2011
Documented violations - actual number of cases may be higher