Trade unions call for the inclusion in the Labour Code of the Republic of Moldova of the procedure of prior consultation of employees’ representatives

The Confederal Committee of the National Trade Union Confederation of Moldova (CNSM), at today’s meeting on March 29, adopted a decision requiring the Moldovan Parliament to examine and support the proposals of the trade unions in the form of a draft law on the modification and completing the Labour Code of the Republic of Moldova. The essence of this initiative of the CNSM is to establish a procedure for prior consultation of employees’ representatives.

At present, the Labour Code of the Republic of Moldova contains several provisions which establish the employer’s consultation of the employees’ representatives. However, there are no provisions that would regulate the mechanism of consultation of employees’ representatives. Therefore, today’s decision of the CNSM Confederal Committee is just about to eliminate this gap in the Labour Code of the Republic of Moldova, to allow workers’ representatives within a reasonable time to express their position on the measures proposed by the employer, which is the subject of the consultation.

Specifically, it is proposed that the Labour Code of the Republic of Moldova to be supplemented by Article 422, which provides for the prior consultation of employees’ representatives. First, it is expected that in all cases of prior consultation of employees ‘representatives under the current Labour Code, the employer, upon the issuance of certain documents, will request in writing form the opinion of the employees’ representatives.

Within a maximum of 10 working days from the date the employer requests the opinion, the workers’ representatives shall submit the proposals in writing form in relation to the draft act submitted for consultation. Otherwise, it will be considered that they refuse to exercise their right to opinion, and the employer will be able to issue the given act.

If the employer does not accept the proposals, objections from employees’ representatives, then they will, for 3 days from receiving them, arrange and conduct further consultation to agree on a solution acceptable to both parties. In case no agreement is reached afterwards, the fact is recorded in a minutes and the employer issues the act in question, which can then be challenged by the employees’ representatives in the court.

At the same time, it is specified that if the issuance of the respective act did not comply with the provisions of this article, then it is declared null and will not be mandatory for the employees.

Department of mass media and international relations of CNSM