2010 Annual Survey of violations of trade union rights - Moldova
|Publisher||International Trade Union Confederation|
|Publication Date||9 June 2010|
|Cite as||International Trade Union Confederation, 2010 Annual Survey of violations of trade union rights - Moldova, 9 June 2010, available at: http://www.refworld.org/docid/4c4fec6528.html [accessed 4 May 2016]|
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182
The government has still not properly addressed the violations of trade union rights reported to the ILO five years ago. Law enforcement remains a problem, and the legal framework is not conducive to trade union activities.
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 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 is prohibited for government workers and workers in essential services, the list of which exceeds the ILO definition. Furthermore, workers having participated in an unlawful strike may face serious fines and even imprisonment.
Trade union rights in practice and violations in 2009
Background: Vlad Filat from the Liberal Democratic Party took the Prime Minister office in September after a re-run of the April election in June. The Liberal Democratic Party won the election against the governing Communist Party, in power since 2001. On 25 September the government, formed by a coalition of the Liberal Democratic Party and three other anti-Communist parties, took office after gaining the approval of parliament.
Issues in the ILO complaint still unresolved: In 2004, repeated and systematic interference by the public authorities led a number of Moldovan trade unions, supported by the ICFTU (predecessor of the ITUC), the IUF and PSI to lodge a formal complaint to the ILO Committee on Freedom of Association (CFA). In June, after having examined the case a number of times, the CFA noted with regret that the government had still failed to address the issues mentioned in the complaint. The alleged acts of interference by the government and employers in trade unions' internal affairs had not been investigated and the legislation had not been amended. In addition, a new case concerning the refusal to register a trade union in 2007-2008 had not been properly addressed.
Weak enforcement: Law enforcement remains weak. Neither labour inspectorates nor prosecutors' offices have proved effective in monitoring and enforcing respect for labour standards, especially the right to organise.