Trade unions outraged that the Government has not considered the arguments expressed in the National commission for consultations and collective bargaining

National Trade Union Confederation of Moldova (CNSM) sent to President of the Parliament of the Republic of Moldova, Andrian Candu, a letter expressing outrage over the fact that the Government, on the 28.09. 2016, approved the draft of the Law on the exercise of activities of unskilled nature occasionally carried out by day labourers.

The full text of the letter you can see below:

To Mr. Andrian  CANDU,

President of the Parliament

of the Republic of Moldova,

Dear Mr. president of Parliament,

We hereby express our indignation at the fact that the Government, on 28.09.2016, approved the draft of the Law on the exercise of activities of unskilled nature occasionally carried out by day labourers in violation of art. 19 and art. 20 of the Law on Legislative Acts No. 780 from 27.12.2001, deviating from the provisions of the Labour Code, Wage Law – XV from 14.02.2002, not considering the arguments of trade unions expressed at the National Commission for consultations and collective bargaining meeting on 06.16.2016.

So, given the provisions of the draft, relations between the labourer and the beneficiary shall be established without concluding an individual employment contract. There were not presented the costs and benefits due to the implementation of this legislation, how will be ensured the rights and interests of day labourers, the beneficiary and state, the definition of “day labourers’ wage” does not correspond to the existing notion.

According to art. 288 of the Labour Code, “individual labour disputes that were not resolved by the employee and employer physical person amicably, it shall be settled by the court under this Code (Title XII)”. At the same time, art. 289 of the same Code, states that the document “confirming the work at the employer physical person serves as individual employment contract concluded in written form …”.

Given the provisions of Article 13 of the draft Law, although it is established that disputes between labourer and the beneficiary (legal or physical person) not solved amicably, shall be settled by the courts, evidence of legal relations (labour) from day labourer remains extremely difficult. However, it does not have any document confirming this fact.

By approving this law, a good part of employers who practice the conclusion of the individual employment contracts for season works, will renounce such practices because this law will absolve their responsibilities under labour law (payments of fees, contributions from state budget , state social insurance budget and funds of compulsory insurance for health care, compensation for unused vacation days from termination of the individual employment contract etc.).

In other words, the insured persons (employees) will move into the category of day labourers and would be deprived of social benefits, paid annual leave, paid sick leave, compensation for accidents at work and others. However, according to art.47 of the Constitution, “The State is obliged to ensure that every person has a decent standard of living, to adequate for the health and well-being, him and his family, including food, clothing, housing and medical care and necessary social services. Citizens have the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood, in circumstances beyond their control.”

Moreover, most day labourers will work in rural areas, in agriculture, where ensuring effective monitoring by control bodies, in order to comply with the law will be very difficult or even impossible.

Given the above, we reiterate the position of rejection of this draft Law, since by its adoption will not be diminished the phenomenon of informal employment of the workforce, but will lead to violation of rights and interests of working persons (day labourers) and tax laws, safety and health at work and especially to facilitate the operation of cash payments by economic agents. Or, this type of economic activity, constitutes an enormous impediment to reducing informal labour and economy.

With respect,

President

Oleg BUDZA