„Trade union strategies on the use of ILS in labour law reforms” Country presentation „Trade union strategies on the use of ILS in labour law reforms” Polina Fisticanu, senior consultant Socio-economic protection department National Trade Union Confederation of Moldova

General information National Trade Union Confederation of Moldova (CNSM) 26 national branch trade-union organizations 34 territorial inter-branch councils of trade unions 7017 (2015) primary trade union organizations 397 thousands members (26,5% - youth şi 60% - women) since 23.02.2010, CNSM became a member of the International Trade Union Confederation (ITUC). CNSM organizes different trainings on topics related to labour legislation and also conducts trainings to inform the representatives of sectoral and territorial trade unions regarding the last amendments to labour legislation.

COLLECTIVE BARGAINING CNSM representatives are members of the National Commission for Consultations and Collective Bargaining (NCCCB) at the national level made up of 18 members and 12 deputies, appointed by the social partners and the government on a parity basis. 15 Collective conventions concluded at national level. Commissions at the branch and territorial levels.

LEGAL FRAMEWORK Constitution of the Republic of Moldova Labour Code, Law n.154 from 28.03.2003 Trade union Law, n. 1129 from 07.07.2000 Law on organization and functioning of the National Commission for consultation and collective bargaining, committees for consultation and collective bargaining at branch and territorial level, n. 245 from 21.07.2006

RECENTLY ADOPTED AMENDMENTS TO LABOUR CODE: 1. On  20.11.2015, the Labour Code was modified and complemented through the Law n. 205 This document was developed within the framework of the Tripartite Working Group, which included representatives of the Ministry of Labour, Social Protection and Family, the National Trade Union Confederation of Moldova, the National Confederation of Employers of the Republic of Moldova and the American Chamber of Commerce and Industry in Moldova. Among the most significant amendments and additions contained in this project are the following: Employees have the right to suspend their individual labour contracts if their salaries or other mandatory payments are not disbursed or are only partially disbursed over two consecutive months; or in case of non-compliance with OSH conditions;

RECENTLY ADOPTED AMENDMENTS TO LABOUR CODE II: Is prohibited the conclusion of individual fixed-term labor contracts to evade from granting rights and guarantees provided for employees with contracts for an indefinite period. The individual labor contract concluded for a fixed term in the absence of legal grounds for doing so, is concluded for an indefinite period; extension of the period of unpaid leave for 120 days, compared to the 60 days under the previous provision; easier registration of collective conventions (branch and territorial level) and collective labour contract (unit level) Etc. Law n. 52 from 01.04.2016 (transposes the provisions of the Directive 91/533/EEC on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship and Directive 1999/70/EC concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP) Law n. 71 from 14.04.2016, it was introduced the paternity leave for 14 days paid from State social insurance budget

THE MAJOR GAPS BETWEEN EXISTING LAWS AND RATIFIED ILS In June 2012, was adopted by the Parliament the Law No.131 on the state control of business activities, which applies to the activities of 33 state institutions. The State labour inspectorate had previously been regulated by the Law No. 140 on state labour inspection, but since 2012, it has also been subject to the provisions of Law No. 131. The main provisions: the restriction for free access of labour inspectors to undertake inspections control bodies are not entitled to perform a control of the same entity more than once in a calendar year, with the exception of unannounced inspections.

HOW TRADE UNIONS FROM MOLDOVA ARE USING ILS AND ILO SUPERVISORY SYSTEM HOW TRADE UNIONS FROM MOLDOVA ARE USING ILS AND ILO SUPERVISORY SYSTEM? On 18 June 2013, CNSM submitted to ILO a complaint against Moldovan Government for non-compliance with the provisions of Convention No. 81 on labour inspection in industry and commerce (article 12 and 16) In March 2015, the ILO Governing Body adopted the report of the tripartite committee set up to examine the representation alleging non-observance by the Republic of Moldova of the Convention submitted under article 24 of the ILO Constitution by the National Confederation of Trade Unions of Moldova (GB.323/INS/11/6).

Although, the Government has taken some steps in this regard, including by conducting workshops with the representatives of social partners, so far the provisions of Articles 12 and 16 of C81 are not implemented into the national legislation of the Republic of Moldova. Recently, CNSM submitted to ILO an Additional information to the Complaint No. 04-10/07-06/572, and also included the information regarding the provisions of the Law No.18 of 04.03.2016 on the moratorium on state control. At article 1 of this Law, there is established a moratorium on state control for 3 months, including “... on planned or random state control, …. on observance of regulations of labour protection and the sanitary standards, carried out on the spot, … by the bodies entitled to initiate such controls under Law No.131 of June 8, 2012 on the state control of business activity...”.

MAIN CHALLENGES: On 15 June 2016, the Government approved a draft of law. This draft includes an amendment to Law on state control over business activities No. 131, that refers to the reform of control institutions in the country, through reduction of their number. As it is proposed in the document, the responsibilities of State Labour Inspectorate will be transferred to the State Tax Service and Public Health Agency. Also, the Government, at its meeting from 29 June 2016, approved the extension of the moratorium on state controls by another three months starting from 1 July 2016. To come into force these drafts of laws must be voted in Parliament.

Thank you for attention!