CNSM: Workbooks cannot be abrogated without the imposition of an alternative, safe and functional evidence system

National Trade Union Confederation of Moldova (CNSM) sent to president of the Parliament of the Republic of Moldova Andrian Candu, a letter expressing its disagreement with the fact that the proposals of CNSM have not been considered on expelling art. V of the draft law amending and supplementing certain acts.

The full text of the letter you can see below:

To Mr. Andrian CANDU,

President of Parliament of the Republic Moldova

Dear Mr. President of Parliament

We hereby express our disapproval of the fact that there were not considered our proposals about the exclusion of art. V of the draft law amending and supplementing certain acts (Fiscal Code, Law no. 489/1999, Law no. 1593 / 2002 Labour Code, Law no. 73/2015, Law no.1585 / 1998; Offences Code), which was approved by Government Decision no. 965 of 09/08/2016.

By abrogating the provisions of letter c) par. (2) art. 10 of the Labour Code and cancelling the obligation of the employer regarding the approval in the first month of each calendar year of the staffing of the entity, and submission of a copy, written or electronic, to the labour inspection in whose jurisdiction is located the entity will favour informal employment and payment of salaries in envelopes.

Repeal all the rules governing the institution of the workbook, without an alternative mechanism for justification will entail corruption related to the process of justification by employee of the professional experience, especially for getting into certain professions established concrete censure for special and general seniority, under which are established bonuses and supplements for seniority, calculate old-age pension for periods of up to 1999.

In case of termination of the individual employment contract by the employer, with deviations from labour laws by repealing art. 66 of the Labour Code, which stipulates that entries on the reasons for termination of the individual employment contract shall be made in strict accordance with the legislation in force, indicating the article, paragraph, item and the corresponding letter of the law, the fired person will lose the opportunity to confirm such facts to the court.

In case of termination of the individual employment contract from the employee’s initiative, for reasons that law binds the possibility of granting incentives and benefits, without making entry on the termination of the individual employment contract indicating these reasons in the workbook, the employee will also be deprived of the opportunity to confirm such facts to the court.

Upon termination of the individual employment contract without restitution of the workbook on the day of release from service, the employee will be deprived of the right to be paid for all the time of forced absence from work due to the impossibility of employment to another unit after release from service, and in case of dispute will be deprived of the opportunity to confirm such facts to the court.

Lack of workbook will not allow the National Agency for Employment to establish the size of unemployment benefits, amounts which are established based on the average monthly salary received in the last 3 months, which have a length of service to 10 years, from 10 years to 15 years length of service and over 15 years.

Trade unions, with the objective of activity – defending the rights of employees on labour protection, in case there will be operated the Government proposed changes, the employee no longer will have information on the employment, duly confirmed. This will worsen the condition of the employee in relation to the present moment when the workbook holder may submit it, a copy or extract of it wherever they are required.

As you know, in Hungary, workbooks were removed from circulation, however, on the grounds of considerable difficulties about keeping the necessary volume of information, including that related to the history of the working employees, they were restored to be used hereinafter.

Such changes in the Labour Code were made in Romania but only after an alternative filing system.

In this context, we find that workbooks cannot be abrogated without the imposition of an alternative, safe and functional filing system.

Starting from the above, taking into account the fact that our proposals were not discussed at the meeting of the National Commission for consultations and collective bargaining, we respectfully request to exclude the above mentioned draft of art. V.

With respect,

President                                                                              

Oleg BUDZA