Expert in Labour Law: The draft amendment to the Labour Code involves multiple social risks

The impact and social effects of the amendments to the Labour Code, approved by the Government at the end of last month, were analysed during public debates on Tuesday, July 18, organized by the IDIS “Viitorul” Institute for Partnership and Development in partnership with the Friedrich-Ebert-Stiftung (FES).

The debate highlighted the fact that the draft law involves multiple social risks and some proposals for change could directly and negatively affect vulnerable groups of citizens and certain categories of employees, such as young specialists, employees with elderly children from 3 to 6 years, old-age pensioners.

According to Adrian Lungu, expert in labour law, several proposed amendments will lead to abuse of rights by employers and violations of other norms regulating labour relations. Among these would be: exemption for employers to submit the list of staff functions to the territorial labour inspectorate and to issue workers nominal access permits to the workplace, exclusion of the probation period from hiring young specialists when the individual labour contract is concluded and their subsequent dismissal without the obligation of the employer to argue his decision, the limitation of collective labour contracts, as well as the dismissal of employees who are pensioners for old age.

Lungu noted that the lack of a strict record of staffing, individual employment contracts and employment orders would favour and encourage “illegal work”. Moreover, the proposed changes will lower the level of occupational safety and health, will favour salaries in the envelopes, undermine the work of the supervisory, and labour control.

The National Trade Union Confederation of Moldova (CNSM) also shares these fears.

Sergiu Sainciuc, vice-president of CNSM, said that the draft law reflects, largely, the vision of a single segment, that of the business environment. “Our arguments have not been taken into account, even if we have participated in all the debates on this subject. Thus, employees’ rights and guarantees, the role and importance of collective bargaining and collective labour contract will be diminished, while strengthening the rights of the employer,” trade union leader reiterated.

Oxana Domenti, deputy, chairman of the Parliamentary Committee on Social Protection, Health and Family, said that once the retirement age is reached, dismissal should be done only for reasons of unprofessionalism, not by age.

Regarding the reduction of childcare leave from 6 to 4 years old, the deputy noted that due to the lack of statistics in the given field, it is not known how many cases are and why women resort to such situations. “It is not normal to cut these guarantees with the eyes closed, not knowing what impact that action will have. Usually there is a demand for long-term leave when there is no alternative – social services and kindergartens in certain localities and parents are unable to resume the service. The state must offer more opportunities to caregivers to stimulate them to work,” Domenti said.

Deputy Valentina Stratan pointed out that it is the first time that a draft amendment to the Labour Code reaches the Parliament with such disagreements and controversy. “We are obliged to have a pragmatic and balanced approach to the policies that we approve and to think equally to the needs of the employers who want to protect their businesses, but not to neglect the interests and rights of the employees,” she highlighted.

Stratan urged the parties to reach consensus on the articles, so that the draft to be adopted at first reading. “Until the next parliamentary session we have time to come up with counter-arguments, to see where and what we can give up,” concluded the deputy.

The proposals and arguments set out in the debates will be synthesized in a joint position paper of IDIS “Viitorul”, FES and CNSM, which will contain a broad analysis and recommendations for improvement of the draft law in order to be presented to decision-makers.

Department of mass media and international relations