The CNSM does not support the amendments and additions to the Labour Code which diminish the rights and guarantees of the employees

The Government approved at the meeting on June 23, a series of amendments and additions to the Labour Code of the Republic of Moldova.

The draft law provides, among other things, exemption for employers to submit the list of staff functions to the territorial labour inspectorate and to issue workers nominal access permits to the workplace, exclusion of the probation period from hiring young specialists when the individual labour contract is concluded and their subsequent dismissal without the obligation of the employer to argue his decision. It is also proposed to reduce the unpaid additional leave for the care of the child by 2 years, to limit the action of collective labour agreements, and to deprive trade unions from the right to oppose the dismissal of employees.

The Government did not take into account the arguments of the trade unions, which, at the last meeting of the National Commission for Consultations and Collective Bargaining, on 25 May, presented their opinion on this document, rejecting several of the submitted proposals.

“So far, the proposals for amending labour law have been drawn up by the social partners by consensus. Regretfully, this project was not approved on the basis of a compromise between the Government, trade unions and employers, this document diminishing the rights and guarantees of trade union members, the effectiveness of social dialogue and the importance of collective bargaining,” said Sergiu Sainciuc, vice president of the National Trade Union Confederation of Moldova (CNSM).

Therefore, it follows from the fact that the draft Law contains modifications and additions that undermine:

• Rights and guarantees of employees;
• The rights and guarantees of trade unions’ activity in protecting their members;
• The effectiveness of the social partnership in the work field, especially at the level of unity;
• Contravenes the constitutional provisions (Articles 43 and 72 of the Constitution of the Republic of Moldova) and the norms of international law to which the Republic of Moldova is a party, by ratification (ILO Convention no 158/1982);
• Contains proposals to amend the Labour Code without an economically and financially substantiated analysis (Article 20 of Law 780/2001);
• Contains provisions that would encourage the application of illegal employment;
• Unjustifiably reduces certain obligations, responsibilities of the employer;
• Establishes privileges for the business environment and the investment climate in the Republic of Moldova, due to the restriction of the rights and guarantees of the employees,

CNSM rejects the draft law for amending and completing the Labour Code and calls on the Moldovan Parliament to its thorough examination in order not to admit social inequity and diminish the role of social dialogue.

Department of mass media and international relations