Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's first report for the period ending 31 May 1999. It also notes the comments made by the National Confederation of Employers of the Republic of Moldova (No. 03/1-49 of 22 June 1999) and those of the Council of the General Federation of Trade Unions of the Republic of Moldova (No. 07/0/377 of 9 June 1999). It requests the Government to provide further information on the application of the following provisions of the Convention.

Article 1, paragraph 1. Please indicate the legal provisions which define the term "agricultural undertaking" for the purpose of the Convention.

Article 1, paragraph 2. Please indicate whether any decisions have been taken pursuant to paragraph 2 and give details of the procedure for consultation with the most representative organizations of employers and workers.

Article 1, paragraph 3. Please indicate whether any decisions have been taken by the competent authority pursuant to this provision.

Article 2. Please indicate whether arbitration awards and collective agreements upon which have the force of law are enforceable by state inspectors for labour protection.

Article 5, paragraph 3. Please indicate the effect given or envisaged to the provisions of the Convention as regards the categories of persons referred to in paragraph 1(a) and (c) of Article 5 who are not covered by a declaration.

Article 6, paragraph 1(c). Please indicate how effect is given to this provision.

Article 6, paragraph 2. Please indicate whether any functions of the kind referred to in this provision have been assigned to the state inspectors for labour protection and the manner in which they are exercised in practice.

Article 8, paragraph 2. The Committee asks the Government to indicate whether and in what manner officials or representatives of occupational organizations have been included in the system of labour inspection and, if so, to describe their status, their conditions of service and the powers granted to them in the exercise of their functions.

Article 9, paragraph 2. Please provide details in respect of the means of ascertaining the qualifications of state inspectors.

Article 10. Please indicate the percentage of women inspectors and any special duties which might have been assigned to them.

Article 12, paragraph 1, and Article 13. The Committee asks the Government to indicate the arrangements made by the competent authority to promote effective cooperation within the meaning of this provision, and the specific forms of such cooperation.

Article 12, paragraph 2. Please indicate whether effect is given to this provision and, if so, to which government services or institutions inspection duties have been entrusted, the nature of these duties, the manner in which they are carried out, and whether these inspection activities are subject to supervision by the central authority.

Article 14. Please indicate the actual number of state inspectors and their different categories, including inspectors to whom special or technical functions may be assigned, and the geographical distribution of the inspection staff.

Article 15, paragraphs 1 and 2. Please indicate specific arrangements made to give effect to these provisions of the Convention.

Article 16, paragraphs 1(c)(i) and 1(c)(iii). 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 16, paragraph 3. The Committee asks the Government to indicate the legal provisions giving effect to these provisions of the Convention and the manner in which they are applied in practice.

Article 18, paragraph 2(a). Please indicate whether state inspectors for labour protection 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, please indicate the corresponding provisions in national legislation.

Article 18, paragraph 3. In cases in which paragraph 3 is applicable, the Committee asks the Government to indicate the competent authority within the meaning of this paragraph and the procedure followed in such cases.

Article 18, paragraph 4. Please indicate in what manner effect is given to this provision of the Convention.

Article 19, paragraph 1. The Committee asks the Government to indicate the procedure according to which the State Inspectorate for Labour Protection is notified of occupational accidents and whether the State Inspectorate shall be notified also of cases of occupational disease.

Article 19, paragraph 2. Please indicate how effect is given to this provision of the Convention.

Article 20, paragraph (b). Please indicate the penalties or disciplinary measures which are prescribed if state inspectors (former state inspectors) reveal manufacturing and commercial secrets or other information which may come to their knowledge in the course of their duties.

Article 21. Please indicate the measures taken to ensure adequate frequency and thoroughness of inspection visits.

Article 22, 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 22, paragraph 2. Please indicate whether state inspectors for labour protection have the discretion to give warning and advice instead of instituting or recommending proceedings.

Article 23. Please describe the procedure followed for the institution of proceedings in case of infringements of the legal provisions.

Article 24. Please indicate what penalties are provided for obstructing state inspectors in the performance of their duties.

Article 26, paragraph 2. Please indicate the time limits established for publication of the annual report.

Part III of the report form. The Committee asks the Government to indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

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 the Government of 24 May 1993 on the unified conditions of remuneration of labour of employees of budgetary institutions on the basis of the unified wage scale;

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

-- Resolution No. 890 of the Government of 20 December 1995 on the organization of education in the area of labour protection;

-- Resolution No. 835 of the Government of 5 December 1994 (as amended) on streamlining of the use of official cars in the bodies of public administration;

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

-- Resolution No. 780 of the Government 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 the Republic of Moldova concerning the structure of the State Inspectorate for Labour Protection, of 30 December 1998.