CMNT_TITLE

Protection of Wages Convention, 1949 (No. 95) - Republic of Moldova (RATIFICATION: 1996)

Other comments on C095

Observation

Direct Request

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Article 11 of the Convention. Wages as privileged debts in bankruptcy proceedings. The Committee notes the Government’s indication that Bankruptcy Act No. 786-XIII of 26 March 1996 has been repealed by Insolvency Act No. 623-XV of 14 November 2001, section 54 of which grants second rank priority among unsecured creditors to wage claims. The Committee recalls that, under section 28 of the old Bankruptcy Act, preferential treatment was limited to wage claims arising within a period of six months prior to the opening of bankruptcy proceedings. The Committee requests the Government to clarify whether under the Insolvency Act the workers’ wage claims granted privileged protection are subject to any time or monetary limitation, i.e. a specific limit in respect of the maximum protected service period or the maximum protected amount.

Article 12. Payment of wages at regular intervals. The situation of wage arrears. The Committee notes the information provided by the Government concerning the evolution of the wage arrears situation in the period 2007–12. It notes, in particular, that as of July 2012 the total amount of wage arrears stood at 134.8 million lei (MDL) (approximately €8.6 million), as compared to MDL153.5 million (approximately €9.7 million) in 2010 and MDL110.2 million (approximately €7 million) in 2011, and that 20 to 25 per cent of this amount represents wage debts principally of agricultural and forestry enterprises that have ceased their activity. Noting that the situation of wage arrears is closely monitored though not yet resolved, the Committee strongly encourages the Government to pursue its action for the progressive elimination of all practices of delayed payment or non-payment of wages and to provide in future reports detailed particulars on any progress made in this respect.

Part V of the report form. Application in practice. The Committee notes the statistical information on labour inspection results during the period 2007–12, according to which 35 per cent of the total number of inspections (6,500) were wages-related, while in 4,265 cases judicial proceedings were initiated. The Committee requests the Government to continue to provide up-to-date information on the manner in which the Convention is applied in practice.