DECLARATION of CNSM regarding the approval by the Government of the Republic of Moldova of the proposals to amend and supplement the Labour Code

The National Trade Union Confederation of Moldova (CNSM) notes with concern that the amendments and additions to the Labour Code, approved by the Government of the Republic of Moldova (June 23) and presented to the Parliament for examination, primarily, undermines the social, economic and labour rights and guarantees of employees; diminishes the socio-legal order of individual and collective labour contracts; compromises the state’s efforts to tackle illegal work; affects the effectiveness of social partnership activity; creates some contradictions between the national legislation and the norms of international law to which the Republic of Moldova is a part. It is regrettable that the Government ignored the experience of the social partners (Government, Employers, Trade Unions) accumulated over the years when drafting the bill for amending and completing the Labour Code, to make amendments, additions to the Labour Code through compromise, obtained within a working group created under the aegis of the Ministry of Labour, Social Protection and Family on the principles of equality and parity of representation of the parties.

Unfortunately, this practice of social partners has been replaced by that of setting up a working group of representatives of several structures, including the American Chamber of Commerce, the Association of Businessmen, the European Business Association, the Association of Accountants and Professional Auditors etc.

Trade unions consider the situation of improving the investment climate in the Republic of Moldova to be inadequate due to the diminishing of employees’ fundamental rights and guarantees, the encouragement of the application of the illegal labour, the deepening of the informal economy phenomenon, and the establishment of social inequity due to sub regulation of labour relations.

CNSM also disagrees with the intention of the Government of the Republic of Moldova to elaborate and submit to the Parliament for adoption a new Labour Code.

The practice of modifying, completing and applying the Labour Code has repeatedly demonstrated that the rights and interests of social partners in the work field can be determined and achieved to the fullest extent by means of legal mechanisms, such as consultations and collective bargaining, so the Government did not ask the opinion of the National Trade Union Confederation of Moldova on the elaboration of a new Labour Code.

Therefore, the National Trade Union Confederation of Moldova requests the Parliament of the Republic of Moldova the return of the draft Law amending and supplementing the Labour Code (No. 216 of 27.06.2017) in order to revise it by collective negotiations within a tripartite working group, created under the aegis of the Ministry of Labour, Social Protection and Family. At the same time, trade unions are firmly convinced that there is no legal basis for the elaboration of a new Labour Code and therefore demands not to adopt it.

President                                                                                                                     Oleg Budza