Interview/ Igor Zubcu, President of CNSM: Many situations can be prevented and resolved if there is cooperation between employers and trade unions

Igor Zubcu, President of the National Trade Union Confederation of Moldova (CNSM), gave an interview where he spoke about the challenges of 2022 year, priorities, problems, but also why it is so necessary to develop a mobile application that allows employees to receive consultation or report violations of human rights.

Mr. Zubcu, what does the year 2022 look like for trade unionists, in the light of the first 3 months that have already passed?

I.Z: It is a year full of challenges for all of society, including trade unions. To regret, the consequences of the pandemic will be felt for a long time, and measures are needed to relaunch the economy and to increase protection for employees who contribute to the development of the national economy. The well-being of trade Union members is also suffering as a result of the energy crisis and armed conflict in Ukraine, which have led to price increases for almost all products and services supplied to the population. Trade unions have to make efforts to ensure respect for the rights of employees- trade union members and to promote initiatives to increase guarantees in order to ensure a decent living of employees and their families through a social dialogue with the employers’ organizations and decision-makers.

Relatively recently, you were elected as the CNSM president. Which are the priorities set in your activity?

I.Z: From the outset, I would like to mention that, as President, I am going to submit all the knowledge and skills I have in order to continue implementing the objectives set out in the CNSM Strategy for the years 2017-2022. More emphasis is to be placed on the development of social dialogue, which, in recent years, due to political instability, leaves to be desired. To this end, it is necessary to increase communication with state institutions and employers’ organizations so that the voice of trade unions to be heard and the trade Union’s proposals to be taken into account. There is also a need for more effective action to promote collective bargaining and the conclusion of collective labor agreements, to further increase wage guarantees in both the real and budgetary sectors, and to help improve mechanisms for ensuring employees’ rights and guarantees, which aim to: social protection, income protection, employment, occupational safety and health, labor law, trade union rights, etc.

How would you assess the relationship with the social partners?

I.Z: The ultimate common goal of the social partners is that the Republic of Moldova becomes prosperous, with decent living conditions in the Republic of Moldova. Based on this objective, I believe that the social partners can reach consensus on any issue discussed. In fact, I find that both with the employers and with the Government, we have common visions on the solutions to the problems that the population is facing at the current stage. It is only necessary to maintain a constant communication, to consult each other and to avoid making decisions without taking into account the views of the other partners.

What are the most serious problems for employees?

I.Z: The problems that employees currently face, regardless of their severity (serious or less serious), are directly related to their professional, economic and social rights and interests. In the field of work, at the present stage, there are, for example, several problems, and no less serious ones, that employees face. These include: employment in a decent job; providing employment guarantees; timely and full payment of salary; providing healthy and safe working conditions; ensuring legal guarantees in case of termination of the individual employment contract at the initiative of the employer including, as a result of the insolvency of the unit, etc.

At the present stage, however, for employees, the most problematic is to deal with price and tariff increases. Even if trade unions obtained some wage increases, they were eroded by rising prices of energy resources, gas, fuel and then consumer products that are of high need. Thus, trade unions are still negotiating wage increases and compensation for higher prices and tariffs. It is also important for employees to maintain employment in pandemic conditions. We will continue to ensure that the rights of employees are respected in pandemic conditions, in teleworking, partial work, etc.

It is necessary to ensure that the rights of employees who establish their right to an old-age pension and, more recently, the right to an early pension for a long career are respected, because we have many addresses from employees who believe that their rights are not respected.

Which rights are most frequently violated? Why is this still happening in 2022?

I.Z: Among the most frequent violations are: payroll, illegal dismissal of employees; ignoring the conditions of the legislation regarding the conclusion of individual employment contracts; use of undeclared work; violations of the employment regime; non-granting of rest leave with the payment of the respective allowance; violations of employees’ rights to the application of disciplinary sanctions by the employer; non-compliance with occupational safety and health requirements; additional work, etc.

It is alarming, but in some areas and companies, outstanding wages remain, about 105 million lei (for example, in the railway company, in forestry, etc.). This is described as “forced labor” and is not acceptable in the 21st century. The current situation, with a view to breaching the labor rights and guarantees of employees, could be reduced, first of all, if the national legislation on the State Labor Inspectorate were brought in line with the rules of international law, to which the Republic of Moldova is a party (ILO Convention No. 81 and Convention No. 129).

What solutions did CNSM identify to hold employers accountable in relation to employees, so that their rights are not violated?

I.Z: The constitutional purpose of trade unions is to contribute to the protection of the professional, economic and social interests of employees insofar as they fall within their competence, namely – participation in the drafting of legislative acts and other normative acts aimed at regulating the rights and the interests of trade union employees, negotiating and concluding collective agreements, exercising trade union control over compliance with the relevant legislation, promoting legislative initiatives to align national legislation with international labor standards, monitoring compliance with ILO Conventions ratified by the Republic of Moldova, notifying international bodies affecting the rights of trade unions and employees or non-fulfillment by the authorities of the commitments deriving from the international acts in the field, to which the Republic of Moldova is a party, and others.

The rights and guarantees for both employees and employers will be ensured provided there is a permanent communication that will exclude the occurrence of conflicts and misunderstandings. Of course, in order to be as clear as possible, the “rules of the game” are to be negotiated and concluded collective agreements and collective bargaining agreements. At this stage, a lot of work needs to be done to convince employers that the right attitude towards employees will have the effect of increasing the benefit of employers. But at the same time, employers must understand that they also have a “social responsibility” towards the country, towards the population: to work legally, to pay taxes and compulsory contributions, to participate in social projects, etc.

The CNSM in its actions calls for the non-admission of the reduction of the legal rights and guarantees of trade union employees, the improvement of the legislative framework for the resolution of individual disputes and collective labor disputes, the promotion of the adjustment of the legislative framework in the field of state control of labor law in the light of international law, the non-approval of amendments to labor legislation on the pretext of the development of the business environment and the investment climate, which tends to lower the level of protection of employees and guarantees of trade union activity, the initiation of the procedure to amend the trade union law in order to remove obstacles to the achievement of constitutional rights (to establish and join the trade unions) and ensure compliance with the provisions of Convention 87, to which the Republic of Moldova is a party, improve the national legal framework for ensuring the protection of wages in the event of the insolvency of the employer (establishment of the guaranteeing fund for the employees’ claims).

As solutions, which would make employers responsible in relation to employees, may be mentioned:

1.a) the most urgent connection of the national normative framework to the provisions of the Conventions of the International Labor Organization no. 81 on labor inspection in industry and commerce and no. 129 on labor inspection in agriculture and strengthening the institutional capacities of the State Labor Inspectorate;

2 b) the most urgent creation and implementation of the Register of Employees of the Republic of Moldova.

You are in the process of developing a special mobile application. How did this idea come up?

I.Z: Starting from the fact that the current generation makes extensive use of the Internet and the resources available online, from the experience of other countries and with the support of the International Labor Organization, Moldovan unions benefit from the possibility of creating a mobile application that will serve as an additional support in our work to ensure and promote labor rights and guarantees and other direct labor rights.

Do you think this application will make employers accountable to employees?

I.Z: Of course, this application will provide the opportunity to report violations of labor law. In case of confirmation of the ones notified by the trade union members, the trade unions will provide all the necessary support to remedy these situations, and in case of non-compliance will take the necessary steps and actions to be responsible, and in some cases – to sanction employers who flagrantly violate legal provisions. I believe that many situations can be prevented and resolved if there is cooperation between employers and trade unions.

What plans does CNSM have for 2022?

Among the CNSM plans for 2022 we can mention: the promotion towards conclusion of two collective agreements (national level), which were elaborated by CNSM and are supported by the National Confederation of Employers of the Republic of Moldova:

– “On the development and promotion of the social partnership”

– “On the overall record of working time”.

We also plan the elaboration and promotion towards the conclusion of collective agreements (national level) on other labor and socio-economic issues, which are not covered by the legislation in force or require additional regulation, but also the increase of minimum wage guarantees and of benefits to ensure a decent living for the country’s population.

We bet that the year 2022, although it started very hard, will be a better one for the employees from the Republic of Moldova, and CNSM, will make every effort in this regard.