Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Legislative developments. The Committee notes with interest the adoption of Act No. 5-XVI of 9 February 2006 regarding the assurance of equal opportunities for women and men. It notes that the Act prohibits direct and indirect discrimination on the basis of sex and guarantees equal opportunity for women and men in employment and occupation. The Committee  also notes with interest the creation of the Commission for Gender Equality. It asks the Government to provide detailed information on the work and responsibilities of the Commission in relation to employment and occupation and on the practical application and enforcement of Act No. 5-XVI, including indications of the number, nature and outcome of cases under the new Act dealt with by the labour inspectorate and the courts.

2. Discrimination on the basis of age. The Committee notes the communication from the Confederation of Trade Unions of the Republic of Moldova (CSRM) received on 26 July 2006 with respect to the recent amendments to the Labour Code (Act No. 8-XVI of 9 February 2006). The CSRM focuses in particular on the addition of section 82(i), which allows for the termination of an employment contract in cases where the employee has reached retirement age. It alleges that this provision contravenes section 8 of the Labour Code and Convention No. 111 in that it discriminates on the basis of age and will lead to the unjust dismissal of older workers. The Committee notes that the communication received from the CSRM was sent to the Government on 4 September 2006. It requests the Government to provide a reply to the issues raised by the CSRM with its next report.

3. Discrimination on the basis of colour. The Committee recalls that sections 8, 47 and 128 of the Labour Code prohibit discrimination on a number of grounds, but that the criterion of colour, which is one of the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, has been omitted. The Committee asks the Government to indicate whether it intends to extend the protection provided by this provision to include the ground of colour, and to indicate the measures by which protection from discrimination on the basis of colour is ensured in respect of employment and occupation.

4. Measures to promote equality of opportunity and treatment in employment and occupation. The Committee understands that the Government adopted a national plan for promoting gender equality for the period 2006-09 and recalls the National Human Rights Action Plan (2004-08), which envisages activities to promote equality of opportunity and treatment on the basis of sex and ethnic origin. The Committee notes that the Government’s report does not provide an assessment of the implementation of the concrete activities and programmes carried out under these plans. It asks the Government, therefore, to provide detailed information in its next report on the mechanisms in place to coordinate and monitor the implementation of these plans and on the outcomes of the action taken under these plans to promote equality in the world of work irrespective of sex or ethnicity. Please also provide a copy of the new national plan for promoting gender equality.

The Committee is raising certain other points in a request addressed directly to the Government.