CNSM insists on the ratification of the ILO Convention protecting workers’ claims in case of employer’s insolvency

On March 29, the Confederal Committee of the National Trade Union Confederation of Moldova (CNSM) adopted a decision requiring the National Commission for Collective Bargaining and Consultations to examine and submit proposals to the Government of the Republic of Moldova for the ratification procedure of the International Labour Organization (ILO) Convention no. 173 on the protection of employees’ claims in the event of the insolvency of their employer.

We would like to remind you that this ILO document offers states that ratify it two methods of protecting workers’ claims in the event of employer’s insolvency: on a privileged basis or through the establishment of a guarantee fund, managed by a state institution specifically constituted for that purpose.

It cannot be said that in our country there are no provisions of the national legislation regarding the payment of the worker’s salary in case of employer’s insolvency, but reality shows that their application does not show their effectiveness. Therefore, the Confederal Committee of the CNSM considered it absolutely necessary to revise the wage protection mechanisms, as well as the payments related to them, in the event of the employer’s insolvency. Precisely for this reason, today, it was decided to make an approach to social dialogue partners to support the ratification of ILO Convention 173, which provides the necessary mechanism and effective protection of workers’ claims, especially through guarantee fund.

By ratifying the Convention, the CNSM Confederal Committee considers that the national legal framework will be improved and its adjustment will be achieved at the level of international standards and the acquis communautaire, will be ensured the protection of claims in the event of the employer’s insolvency, the effective application of the legal provisions employment rights of employees.

This is recognized both by the states that have ratified Part III of Convention no. 173/1992 on the protection of employees’ claims in the event of the insolvency of their employer (Armenia, Bulgaria, Slovenia, Switzerland, etc.), as well as by all the member states of the European Union which by Directive no. 2008/94 / EC on the protection of employees in the event of the employer’s insolvency are obliged to have such a mechanism (guarantee fund).

Department of mass media and international relations of CNSM