The Trade unionists discussed the necessity of the creation of a Guarantee Fund for the payments of the salary claims

The members of the Confederal Committee of the National Trade Union Confederation of Moldova (CNSM), discussed during the sitting from July 27th of the current year, the proposals of CNSM in the content of a Legislative project concerning the creation and use of a Guarantee Fund for the payments of the salary claims, in the case of the insolvency of the employer.

According to Ion Preguza, the head of the Legal Department of CNSM, this project tends to contribute to the improvement of the national legislation, a guarantee of a better protection of the rights and the guarantees of the employee.

„Besides the fact that hundreds, or even thousands of employees do not receive their due wages, in the case of the insolvency of the employer, another major problem, in this context, is that there are not even paid their Social security contributions, which has a negative influence over the establishing the pension for these employees”, mentioned Ion Preguza.

The project involves the principles of the creation, management and use of the Guarantee Fund, as well as the method of forming and controlling it.

According the project, salary claims refer to salary rights and other due money rights, which were established in the individual and collective labor contracts.

The proposals discussed during the meeting see to the activity regarding the declaration, establishment, verification, collection and settlement of the contestations for the contribution to the Guarantee Fund, which will be realized by The Ministry of Finance, with State Tax Service and its subordinate units.

During the following period, the National-branch Trade union centers will analyze the project proposals and will submit to the Legal Department of CNSM their objections and recommendations. Subsequently, during the fourth quarter of the current year, the completed project will be submitted to the Confederal Committee of the CNSM for examination.

We mention that in the course of the elaboration of the Legislative project, discussed by the members of the Confederal Committee of the CNSM, was taken into account the practice of Romanian legislation, which is based on the Directive 2008/94/CE from 22nd October 2008 on the protection of employees in the event of the insolvency of their employer.

At the same time, as a grounding support for the above-mentioned Legislative project, also serves the Convention of the International Labor Organization no. 173/1992 on the protection of employees’ claims in the event of the insolvency of their employer.

Photo source: www.today.md

Department of mass media and international relations