Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the Government’s report.

Article 2 of the Convention. Right of employers’ and workers’ organizations to form and join organizations of their own choosing. The Committee had previously asked the Government to indicate whether section 7(1) of the Law on Trade Unions, under which workers have the right to establish and join trade unions of their own choosing without previous authorization by the public authorities, repeals section 238 of the Labour Code which appeared to maintain a system of trade union monopoly at the level of the enterprise, institution or organization. The Committee notes the Government’s indication that the new Labour Code, currently being drafted by the working group created by the Parliament, will repeal section 238. The Committee requests the Government to provide a copy of this legislation as soon as it is adopted so that the Committee can examine its conformity with the provisions of the Convention.

The Committee had previously noted that under section 10(1) and (5) of the Law on Trade Unions, trade unions acquired legal personality at the national, sectoral and intersectoral levels from the time of their registration. As for the primary trade unions, the territorial, sectoral and intersectoral trade unions, those organizations acquired their legal personality in accordance with the charters of the registered national, sectoral and intersectoral trade unions. The Committee once more requests the Government to indicate whether trade unions (primary trade unions and the territorial, sectoral and intersectoral trade unions) which are not affiliated to national, sectoral and intersectoral trade unions may be granted legal personality and hence engage fully in the activities of defending and promoting the interests of their members.

With respect to section 6 of the Law on Employers’ Organizations, which establishes a minimum membership of ten employers in order to form an association, the Committee notes the Government’s statement that it is considering examining, together with the National Confederation of Employers of the Republic of Moldova, the possibility of reducing this minimum and if necessary, it will draft a bill amending the Law on Employers’ Organizations. The Committee requests the Government to keep it informed in this respect.

Article 3. Right of workers’ organizations to organize their activities. The Committee had noted in its previous comment that the Law on Trade Unions does not address the issues repeatedly raised by the Committee, in particular those regarding: broad powers of the minister to impose arbitration; nature of the services on which strikes may be restricted or prohibited subject to certain conditions; and risks arising from the application of provisions making strike organizers liable for material damage. The Committee notes the Government’s indication that a draft Labour Code will include the provisions from the previously drafted Bill on the Settlement of Collective Labour Disputes. The Committee expresses its hope that the new Labour Code will take into account the concerns previously expressed in this regard and will ensure the right of workers’ organizations to organize their activities and formulate their programmes without interference by the public authorities.

With reference to its previous comments, the Committee notes the Government’s indication that section 203/4 of the Criminal Code provides for criminal responsibility for participation in collective action, which disrupts transport, or public and social establishments, enforceable by imprisonment of up to three years. The Committee recalls that restrictions on the right to strike can only be imposed in essential services and with respect to public servants exercising authority in the name of the State and that sanctions should be possible only where the prohibitions in question are in conformity with the provisions of the Convention. Furthermore, since the application of disproportionate penal sanctions does not favour the developments of harmonious and stable industrial relations, if measures of imprisonment are to be imposed at all, they should be justified by the seriousness of the offences committed (see General Survey on freedom of association and collective bargaining, 1994, paragraph 177). The Committee once again requests the Government to take the necessary steps to repeal this provision and to indicate, in its next report, the measures taken in this regard.