Informe provisional - Informe núm. 348, Noviembre 2007

994. The Committee last examined this case at its June 2006 meeting [see 342nd Report, paras 838–878]. The Confederation of Trade Unions of the Republic of Moldova (CSRM) sent new allegations in communications dated 27 July and 9 October 2006, and 6 March 2007. The International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) submitted additional allegations by a communication dated 29 January 2007.

1. 995. The Government sent its observations in communications dated 13 September and 29 December 2006, 13 and 19 March, 22 May and 24 September 2007.
2. 996. The Republic of Moldova has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 997. At its June 2006 meeting, the Committee made the following recommendations in relation to this case [see 342nd Report, para. 878]:
2. (a) The Committee expects that legislative provisions expressly sanctioning violations of trade union rights and providing for sufficiently dissuasive sanctions will be soon adopted following full and frank consultations with social partners, including the Confederation of Trade Unions of the Republic of Moldova (CSRM) and the National Confederation of Moldovan Employers. It further expects that the measures taken by the Government in this regard will not only address violations of the Labour Code, but also other laws concerning freedom of association and collective bargaining rights, such as the Law on Trade Unions. The Committee requests the Government to keep it informed of the developments in this respect.
3. (b) The Committee once again requests the Government to conduct independent investigations into the allegation of the employers’ refusal to accept the establishment of trade unions at the Ecological College and the Lyceum “Mircea Eliade” and to keep it informed in this respect.
4. (c) The Committee requests the Government to indicate whether all deducted trade union dues have now been transferred to the National Federation of Trade Unions of Workers of Food and Agriculture of Moldova (AGROINSIND) account by the management of the “Moldcarton”.
5. (d) The Committee requests the Government to keep it informed of all measures taken to address the question of access of trade union representatives to the workplaces in order to carry out legitimate trade union activities.
6. (e) The Committee requests the Government to transmit any judgements handed down by the courts in respect of the AGROINSIND.
7. (f) The Committee requests the Government to keep it informed of the decision of the Supreme Court concerning the dismissal of Mr Molosag from the post of president of the Federation of Trade Unions of Public Service Employees (SINDASP).
8. (g) The Committee requests the Government and the complainants to clarify whether the SINDASP, which had previously been affiliated to the CSRM, has since changed its affiliation.
9. (h) The Committee once again requests the Government, as a matter of urgency, to conduct independent inquiries into all alleged instances of pressure exercised upon the trade unions affiliated to the Union of Education and Science, the AGROINSIND, the Federation of Unions of Chemical Industry and Energy Workers, the “Moldsindcoopcomet” Federation, the “Raut” Trade Union, the Trade Union of Workers of Cadastre, Geodesy and Geology “SindGeoCad” and the Trade Union of Culture Workers. It expects that the inquiries will be truly independent and will be composed of persons having the confidence of all of the parties involved. The Committee requests the Government to keep it informed in this respect.
10. (i) The Committee requests the Government to provide its observations on the remaining allegations submitted by the ICFTU and, more specifically, on the alleged support by the Government, including the President of the Republic of Moldova, of the “Solidaritate” and trade union monopoly and the pressure exercised on the AGROINSIND members by the employers of the “Moldcarton” enterprise.
11. B. The complainants’ new allegations
12. 998. In its communication dated 27 July 2006, the CSRM alleges new attempts to interfere in the internal matters of its affiliate, the National Federation of Trade Unions of Workers of Food and Agriculture of Moldova (AGROINDSIND). During the meeting of the trade union at the National Institute of Vineyard and Wine, an attempt was made to persuade the members of the union to join the Confederation “Solidaritate” by the consultant of the Agroindustrial Agency “Moldova-Vin”.
13. 999. By its communication dated 9 October 2006, the CSRM forwards a copy of an appeal addressed by the President of the confederation “Solidaritate” to the leaders of trade unions affiliated to the AGROINDSIND proposing to start a dialogue on reunification of trade unions in the agriculture and food industry under the leadership of the “Solidaritate”.
14. 1000. In their communications dated respectively 29 January and 6 March 2007, the IUF and the CSRM allege that the public authorities and employers interfere in the internal matters of the Commerce, Catering, Consumer Co-Operatives, Restaurant and Hotel Workers’ Union of Moldova (SindLucas), their affiliate, and pressure its members to change their affiliation and become members of the Moldsindcoopcomert Union affiliated to the confederation “Solidaritate”. In particular, they allege that, in May 2006, the Head of the Directorate of Commercial, Catering and Servicing Enterprises held several meetings in the City Administration where he gave instructions to the managers of enterprises as well as to the staff of the Directorate to compel trade unions to change their affiliation and join the Moldsindcoopcomert Union. The pressure resulted in a 15 per cent membership decrease between 2006 and the beginning of 2007 (622 persons joined the Moldsindcoopcomert Union, 478 de-unionized). Nine trade union organizations were forced to withdraw from the SindLucas. The complainants allege that the tax inspectorate continues to refuse to allow the SindLucas to benefit from a tax exemption, as a non-commercial organization, despite the decision by the Court of Appeal of Chisinau declaring the action of the tax inspectorate illegal. They further allege that, in several school catering centres (“Liceist” in the Buyukan district, “Bucuria El” in the Botanica district and “Riscani”), minutes of trade union meetings attesting that the union has decided to disaffiliate from the SindLucas were fabricated by forging signatures of trade union members. As a result, check-off facilities for the SindLucas were withdrawn. At the “Adolescenta” school catering centre in the Chocana district, trade union members were pressured into voting to change their trade union affiliation.
15. C. The Government’s reply
16. 1001. In its communication dated 13 September 2006, the Government states that the allegations of interference by the Agroindustrial Agency “Moldova-Vin” in the AGROINDSIND’s internal affairs submitted by the CSRM were not confirmed. The Government further states that it makes constant efforts to guarantee equal treatment for both trade union confederations and that trade union rights are protected by the national legislation and ensured by the judicial bodies.
17. 1002. In its communication dated 29 December 2006, the Government indicates that the proposal for the unification of the agricultural and food sector trade union federations into a national branch trade union centre within the confederation “Solidaritate” submitted to the AGROINDSIND was an initiative of the confederation “Solidaritate”, without any interference or influence from the Government. The Government considers however that such a proposal does not contravene either the provisions of the Law on Trade Unions or ILO Conventions.
18. 1003. By its communication dated 13 March 2007, the Government forwards its observations with regard to the Committee’s recommendations (c), (f) and (g). In particular, it indicates that the “Moldcarton” has transferred all deducted trade union dues to the account of the AGROINDSIND. The Government further indicates that the AGROINDSIND, the federation “Sind-PARC”, the Trade Union “Labour Federation” and the federation “Sindsilva” (affiliated to the confederation “Solidaritate”) agreed to join a single trade union national-branch centre, affiliated to the confederation “Solidaritate”. An agreement to this effect was approved by the extraordinary Congress of 25 January 2007, which also elected a new leadership. The AGROINDSIND kept its status as a legal entity, absorbing the federation “Sind-PARC”, the trade union “Labour Federation” and the federation “Sindsilva”.
19. 1004. With regard to the Federation of Trade Unions of Public Service Employees (SINDASP), the Government confirms that, since March 2004, this trade union is affiliated to the confederation “Solidaritate”. With regard to the dismissal of Mr Molosag from the post of President of the SINDASP, the Government indicates that, by its decision of 20 December 2006, the Supreme Court cancelled the decision of the Court of Appeal and maintained the decision of the Buinicani District Court of 16 August 2005 rejecting Mr Molosag’s request for reinstatement in his functions as President. On 23 March 2005, the third congress of the SINDASP elected a new President.
20. 1005. By its communication dated 19 March 2007, the Government forwards the agreement of a merger signed between the CSRM and the confederation “Solidaritate” signed on 31 January 2007 (see annex).
21. 1006. In its communication dated 22 May 2007, the Government states that it has no information or documented evidence with regard to the allegations of interference by the Chisinau authorities in the activities of the “SindLucas” trade union. The Government once again reiterates that it treats both confederations (CSRM and “Solidaritate”) equally and refers to the adoption on 21 July 2006 of the Act on the Organization and Functioning of the National Commission for Consultation and Collective Bargaining, Commissions for Consultations and Collective Bargaining at the Branch and Territorial Levels. According to the Act, both confederations are equally represented within the National Commission.
22. 1007. In its communication dated 24 September 2007, the Government indicates that following an agreement of 31 January 2007, on 7 June 2007, the CSRM and the confederation “Solidaritate” signed a contract of merging by which the National confederation of Trade Unions of Moldova was established, its statutes adopted and its administration formed. Once the new confederation is registered, it will become the only national intersectoral union centre representing the interests of workers at the national level.

D. The Committee’s conclusions

1. 1008. The Committee recalls that this case concerns allegations of insufficient protection of trade union rights in law and in practice, as well as of interference by the public authorities and employers in the internal matters of trade union organizations and pressure exercised upon trade union members of the complainant organizations and their affiliates to change their affiliation and become members of the confederation “Solidaritate”, allegedly supported by the Government.
2. 1009. The Committee takes note of the merger agreement signed between the confederation “Solidaritate” and the complainant organization, the CSRM on 31 January 2007 as well as of the establishment, on 7 June 2007, of the National Confederation of Trade Unions of Moldova, which will become, after its registration, the only national intersectoral union centre. The Committee must express its concern that this recent merger has taken place within the framework of persistent allegations of interference and pressure on trade unions submitted by the CSRM and its affiliates (including the AGROINDSIND and the SindLucas) to change their affiliation to become members of the confederation “Solidaritate” without any information on any meaningful investigation by the Government into these serious allegations and in the absence of any measures to protect these unions from such acts of interference. The Committee notes in addition that, in their communications dated respectively 29 January and 6 March 2007, neither the CSRM nor the IUF mention the above agreement, but rather further submit allegations of interference. The Committee therefore requests the Government to conduct a full, thorough and independent investigation without delay into the alleged acts of interference in the internal affairs of the CSRM and its affiliate organizations and to provide it with a detailed report on the outcome of the investigation. The Committee further requests the complainant organizations to provide information on the merger agreement and its consequences on the confederation and its affiliates.
3. 1010. The Committee further notes that, according to the complainants, the tax inspectorate continues to deny the SindLucas the right to benefit from a tax exemption, despite the decision by the Court of Appeal of Chisinau declaring the action of the tax inspectorate illegal. The Committee recalls Case No. 2350 concerning the Republic of Moldova in which the complainant organization, the National Confederation of Employers of the Republic of Moldova (CNPM), alleged that, by not allowing membership contributions to employers’ organizations to be considered as fiscally deductible costs, the Government limited employers’ organizations’ activities and development. On that occasion, the Committee considered that, particularly in countries with a transition economy, special measures, including tax deductions, should be considered in order to ease the development of employers’ and workers’ organizations [see 338th Report, para. 1084]. The Committee therefore requests the Government to take the necessary measures so as to ensure that the SindLucas is granted the same tax exemption benefits as other non-commercial organizations, as decided by the court, and to keep it informed in this regard.
4. 1011. The Committee notes the information provided by the Government in respect of recommendations (c), (f) and (g). It further requests the Government to transmit all court judgements relating to Mr Molosag, former President of the SINDASP.
5. 1012. The Committee regrets that no information was provided with regard to the measures taken to implement its recommendations (a), (b) and (d). Given the circumstances of this case and the repeated and diverse allegations of interference in internal trade union affairs, the Committee once again requests the Government to actively consider, in full and frank consultations with social partners, legislative provisions expressly sanctioning violations of trade union rights and providing for sufficiently dissuasive sanctions against acts of interference in trade union internal affairs. The Committee expects that the measures taken by the Government in this regard will not only address violations of the Labour Code, but also other laws concerning freedom of association and collective bargaining rights, such as the Law on Trade Unions. It requests the Government to keep it informed of all steps taken to this end and recalls that the Government may avail itself of the technical assistance of the Office in this regard.
6. 1013. As regards its previous recommendation (b), the Committee recalls the CSRM’s allegation that employers often oppose the establishment of trade union organizations at their enterprises, as was the case at the Ecological College and the Lyceum “Mircea Eliade”. The Committee regrets that, since the first examination of this case in 2004, no information has been provided by the Government in this respect. Recalling that Article 2 of Convention No. 98 prohibits employers from interfering in the establishment of trade unions, the Committee once again requests the Government to conduct an independent inquiry immediately into this allegation and keep it informed in this respect.
7. 1014. As concerns the Committee’s previous request to take the necessary measures so as to ensure that access to enterprise premises during trade union meetings is allowed to trade union leaders and representatives, with due respect for the rights of property and management, the Committee recalls that the Government had previously expressed its intention to make a proposal to the social partners at the national level to conclude an agreement to establish a mechanism allowing trade union representatives to exercise their trade union duties at the enterprises in order to prevent problems related to workplace access from reoccurring in the future. As no further information has been provided by the Government in this regard, the Committee once again urges the Government to keep it informed of all measures taken to address the question of access of trade union representatives to workplaces in order to carry out legitimate trade union activities, with due respect for the rights of property and management.

Z. Annex

• AGREEMENT
• between the Confederation of Trade Unions from the Republic of Moldova
• and the Confederation of Free Trade Unions from the Republic of Moldova
• “SOLIDARITATE”
• The Confederation of Trade Unions from the Republic of Moldova and the Confederation of Free Trade Unions from the Republic of Moldova “SOLIDARITATE” (hereafter Parties),
• FOLLOWING their statutory principles and aims,
• BASED on the decision of their executive bodies regarding the reorganization and amalgamation by fusion of trade unions’ inter-branch national centers,
• INTERESTED in strengthening the unity of trade unions’ actions at all levels with the view of unifying the trade unions’ movement in the Republic of Moldova,
• AIMING to comply with the international standards of trade unions’ solidarity, convened over the following:
• Article 1
• The Parties shall encourage the collaboration between the member organizations with a view of synchronizing the activities deriving from the process of Confederation amalgamation.
• Article 2
• Each party shall ensure the notification of trade unions of all levels on the importance and stage of the amalgamation process.
• Article 3
• The Parties shall not encourage the creation of new national branch trade unions and shall safeguard the non-engagement of trade unions of any level in actions that might affect the interests of any participant to the amalgamation process.
• Article 4
• The Parties declare that as of 1 February 2007, the executive bodies of trade union inter-branch national centers cease to examine affiliation applications of any trade unions, other than the ones that can be reorganized (organized) within the territory of the existing structures.
• Article 5
• The Parties commit themselves to provide all necessary support to the joint working group for the elaboration of draft documents on the amalgamation of the trade unions’ inter-branch national centers.
• Article 6
• The Parties call on the public authorities, parties, social-political movements and non-government organizations to abstain from any type of interference that might prejudice the process unification of trade unions’ movement in the Republic of Moldova.
• Leonid MANEA,
• President of the Confederation of Free Trade Unions,
• from the Republic of Moldova “Solidaritate”.
• Petru CHIRIAC,
• President of the Confederation of Trade Unions,
• from the Republic of Moldova.
  31. 31 January 2007,
• Chisinau.