The Right to strike – obtained for several categories of employees

The right to strike is an effective mean of defending the employees’ professional, economic and labour rights and interests. Although Art. 45 of the Constitution of the Republic of Moldova establishes this right, some normative acts restrict or prohibit the right to strike.

In this context, the National Trade Union Confederation of Moldova, according to the Decision of  General Council of Confederation  from 24.11.2016, required to the People’s Advocate to make a complaint to the Constitutional Court to control the constitutionality of certain provisions of the law, as well as the Government Decision no. 656 of July 11, 2004 regarding the approval of the Nomenclature of Units, Sectors and Services whose employees cannot participate in the strike. By the decision of the Constitutional Court of May 22, 2017, the petition was declared admissible.

Although the representative of the Government did not support the complaint made by the People’s Advocate, the Constitutional Court, based on the fact that the absolute prohibition of the strike is not constitutional, admitted  the constitutionality of prohibition  of the right to strike only for some categories of employees, predominantly those who have responsible positions, indicated in the Nomenclature approved by the Government Decision mentioned above. However, by extending the ban on exercising the right to strike on all employees, and not just on persons with responsible positions, according to the Constitutional Court, the Government, has exceeded the limits of its competence established by law. Such findings have been made by the Court with reference, including to the internal affairs bodies, Information and Security Services, State Protection and Guard Services and other public authorities.

According to the Decision of the Constitutional Court No. 30 from November 7, 2017, cannot participate in the strike only:

• Persons with responsible positions from public authorities (Parliament, State Chancellery, Presidency);
• Employees whose functional competencies are to ensure public order, the rule of law and state security (Internal Affairs Bodies, the Information and Security Service, the Department of Exceptional Situations, the Public Prosecutor’s Offices, State Protection and Guard System ).

In the judiciary system, the prohibition of the right to strike is constitutionally recognized only in so far as it concerns judges of the courts of law. Thus, for other categories of employees, except for those indicated by the Constitutional Court, in the institutions mentioned above, the right to strike is not limited. Thus, by the Decision of Constitutional Court No. 30 from November 7, 2017, the right to strike is recognized for a wider range of employees.

Regarding the categories of employees for whom the right to strike is restricted, the Constitutional Court noted that Art. 369 par. (4) of the Labour Code contains grantees in this respect, stating that if the strike is prohibited, collective labour disputes are settled by labour jurisdiction bodies, i.e. by conciliation commissions and courts of law.

Department of Mass Media and International Relations