Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the Government’s report received in August 2008. It invites the Government to include in its next report information which enables the Committee to have an overview of the manner in which the “improvement of standards of living” is treated as “the principal objective in the planning of economic development” (Article 2 of the Convention).

1. Part III. Migrant workers. In its 2003 direct request, the Committee requested information on any migration movement within the country (Articles 5 and 6). In its report received in August 2008, the Government specifies that citizens of the Republic of Moldova carry out their working activities in their area of residence or travel daily distances, without changing their place of living. It further indicates that, as a result of the reform implemented during the period 2007–08, the concept of “minimum subsistence” has lost its relevance. A draft law on social assistance was approved which establishes a new indicator reflecting the difference between the guaranteed minimum income of the family and its global income. The Committee invites the Government to continue to report on how family needs of workers have been taken into account in the framework of a social policy implemented in accordance with the Convention.

2. Article 8, paragraph 3. The Government states that migrant workers hired legally are guaranteed, to the extent this is addressed by legislation, treatment which is no less favourable than that applied to nationals. The European Convention on the Legal Status of Migrant Workers was ratified by the Republic of Moldova, and bilateral agreements on labour force and social protection of migrant workers were concluded with Azerbaijan and Italy. The Government has tried to negotiate migration management agreements with Members of the European Union. The Committee welcomes continuing to receive information on any agreements that have regulated matters arising in connection with the application of the Convention, and in particular on agreements including provisions to enable workers to remit their wages and savings.

3. Part IV. Remuneration. The Committee notes the provision of the Labour Code in force since October 2003, as well as the regulations and collective agreements on fixing of minimum wages. Under the Convention, measures shall be taken to ensure that employers and workers concerned are informed of the minimum rates in force and that wages are not paid at less than these rates in cases where they are applicable (Article 10(3)). The Committee requests the Government to provide in its next report extracts of relevant administrative decisions, provisions of collective agreements or decisions of courts of law or other tribunals that relate to the questions of principle referred to in Article 10(3) and (4) and Article 11(1) and (7).

4. Wage advances. The Committee notes the provision of section 30(3) of the Law on Wages mentioned by the Government in its report. It therefore reiterates its request for the Government to clarify the situation in law and practice in relation to wage advances as required by Article 12 of the Convention.

5. Voluntary forms of thrift. The Committee again requests the Government to indicate the measures taken to encourage voluntary forms of thrift among wage earners and independent producers and to protect wage earners and independent producers against usury.

6. Part VI. Education and Training. The Committee notes the detailed information provided by the Government on the reforms in education carried out during the period 2003–08. It intends to follow issues related to child labour, youth employment and education in its comments on the Minimum Age Convention, 1973 (No. 138), the Worst Forms of Child Labour Convention, 1999 (No. 182), the Employment Policy Convention, 1964 (No. 122), and the Human Resources Development Convention, 1975 (No. 142), all of which have been ratified by the Republic of Moldova.