CNSM comment on amending the Law on trade unions

By Law no. 188 of 22 July 2016 published in the Official Gazette no. 306-313 of September 16, amended Trade Union Law no. 1129-XIV of 7 July 2000.

These amendments are based on recommendations of the ILO Committee of Experts aimed at bringing national legislation in line with ILO Convention. 87/1948 on freedom of association and protection of the right to organization (Moldova ratified by Parliament Decision no. 593-XIII of 26.09.1995).

The main objectives of this amendments concern: how to register trade union as a legal entity (art.10 of the Trade Union Law); procedure for registration of changes in status on the election / reelection of trade union leader etc.

The required documents for registration of a trade union as a legal entity, including primary trade union organization, are presented within a month from the approval of the statute to the Ministry of Justice.

These provisions do not have retroactive effect, ie, the primary trade union organizations established before the entry into force of Law no. 188 of 22 July 2016 are not subject to the new conditions of registration.

In this case, the legal requirements relating to registration of the trade union, apply only to newly formed trade unions, including primary trade union organizations after the entry into force of Law no. 188 of July 22, 2016.

Art. 16 of the Trade Union Law also undergoes changes that establish that termination of the individual employment contract at the initiative of the employer with the employee – trade union member, will take place in accordance with the Labour Code of the Republic of Moldova.

These amendments will enter into force three months after its publication.