Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the inspection report for 2001, as well as the additional information provided in the report on the application of Convention No. 129. The Committee also notes the adoption on 10 May 2001 of Act No. 140/XV on labour inspection, which entered into force on 1 January 2002, and the new Regulations on labour inspection, approved by Order No. 1481 of 27 December 2001. The Committee requests the Government to provide a copy of the above Regulations and of each of the texts requested in its previous comments, with the exception of Order No. 890 of 5 December 1994 and Resolution No. 380 of 23 April 1997, which have already been received.

Article 5(a) of the Convention. The Government is requested to provide a copy of Order No. 1081 of 25 October 2000 on the supervision of economic units.

Article 5(b). Noting with interest the information on the existence of collaboration between the inspection services and the representative organizations of workers in investigation procedures relating to employment accidents, and also referring to the information provided by the Government in its report on Convention No. 129, the Committee would be grateful if the Government would provide a copy of the cooperation agreement concluded between the labour inspectorate and the Confederation of Free Trade Unions of the Republic of Moldova "Solidarity" and if it would indicate whether arrangements for collaboration with the representative organizations of employers are also envisaged.

Article 7, paragraph 3. Please indicate whether provision is made for labour inspectors to benefit, during their employment, from adequate training for the performance of their duties. If not, the Committee trusts that measures will be adopted for this purpose and that the relevant information will be provided to the ILO.

Articles 11, paragraph 1(a) and (b), and 12, paragraphs 1(c)(iv) and 2. Noting from the report on Convention No. 129 that it is planned to allocate the necessary resources to the labour inspectorate to purchase 15 automobiles and office equipment, the Committee requests the Government to indicate whether branch offices will also benefit from this improvement in the facilities available and whether it is planned to provide inspection services with instruments for taking samples for the purposes of analysis of materials and substances used in workplaces liable to inspection.

The Government is also requested to provide a copy of any text relating to the reimbursement of any travelling and incidental expenses which may be incurred by labour inspectors in the performance of their duties.

Article 12, paragraph 1(c)(iii). The Committee requests the Government to take the necessary measures to give effect to this provision and to keep the ILO informed.

Article 12, paragraph 2. The Committee notes that, contrary to the requirements of this provision, labour inspectors are not required to notify the employer or his representative of their presence on the occasion of an inspection visit and that they decide at their discretion whether to do so or not. The Committee would be grateful if the Government would take the necessary measures to bring the law and practice into conformity in this respect, so that labour inspectors only avail themselves of the right to refrain from notifying the employer or his representative of their presence in cases where they consider that such notification may be prejudicial to the effectiveness of the inspection.

Article 14. The Committee would be grateful if the Government would indicate the manner in which it is ensured that the labour inspectorate is notified of cases of occupational diseases.

Article 17. The Committee requests the Government to provide the texts of the legal provisions by which, as indicated in its report, effect is given to this Article.

Article 18. The Committee requests the Government to provide information on any text determining the manner of fixing and the amount of the penalties applicable to persons who obstruct labour inspectors in the performance of their duties, as well as any information available on the draft text revising the Code of Administrative Infringements.

Articles 20 and 21. Noting the information provided in the annual inspection report for 2001 on the matters set out in points (a), (b), (d), (e), (f) and (g) of Article 21, the Committee hopes that future annual inspection reports will also include, as envisaged in point (c), statistics of workplaces liable to inspection and the number of workers employed therein.