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Termination of Employment Convention, 1982 (No. 158) - Republic of Moldova (RATIFICATION: 1997)

Other comments on C158

Observation

2002

Direct Request

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Article 2(2) and (3) of the Convention. Adequate safeguards in case of recourse to contracts of employment for a specified period of time. In its previous comments, the Committee requested the Government to provide information on the measures taken or contemplated to prevent the inappropriate use of contracts of employment for a specified period of time, including information on the application in practice of sections 54 and 55 of the Labour Code, as amended, as well as information on the activities of the State Labour Inspectorate enforcing the application of these sections of the Code. Noting that the Government has not provided any information in this regard, the Committee reiterates its request that the Government provide the requested information, including copies of any relevant court decisions in this regard.

Article 4. Valid reasons for termination of employment. The Committee notes that, pursuant to Law No. 188 of 21 September 2017, section 86 of the Labour Code was amended to include the employee’s eligibility for an old-age pension as a valid ground for termination. The amendment provides for the possibility of employing the individual on a fixed-term contract following the termination in accordance with section 55(f). It further notes the Government’s indication that section 87(4) was amended to provide trade union bodies with ten working days to express an advisory opinion with regard to the dismissal of an employee. The Committee notes that this provision stipulates that lack of communication from the trade union in this respect is considered to constitute implied consent. The Committee notes that the Government has not provided any information on the manner in which the automatic retirement of teaching staff upon activation of their pension is applied in practice. The Committee requests the Government to provide information on the practical application of these additional grounds of termination and reiterates its request that the Government provide relevant court decisions in this regard.

Articles 5(c), 7 and 8. Invalid reasons for termination of employment. Procedure prior to termination of employment and appeals procedures. The Government indicates that, pursuant to Administrative Code No. 116/2018, any affected person is entitled to have recourse to the relevant bodies, who are required to examine the claims within 15 to 30 working days of the date of registration, depending on the complexity of the claim, and to inform the claimants of the result and content of the decision taken. The Committee further notes that, pursuant to section 1 of Law No. 85/2018, in cases of collective redundancy, an employer is obliged to inform the relevant trade unions in writing at least three months before the planned date of the collective dismissal and to initiate negotiations in relation to the rights and interests of the workers concerned. In addition, the amendments to section 185 of the Labour Code provide for guarantees in cases of collective redundancies, including the employer’s obligation to provide workers’ representatives with detailed information regarding the planned dismissal and the obligation that they hold consultations with workers’ representatives. The signed notice to employees regarding the collective redundancies must be made at least two months before the dismissal, observing the dismissal procedures established in section 88 of the Labour Code. The Committee notes that the Government has not provided the information requested in the Committee’s previous comments on the number and type of violations identified by the labour inspection authorities. The Committee therefore reiterates its request that the Government provide information on the number and type of violations identified by the labour inspection authorities. The Government is also requested to provide copies of relevant court decisions giving effect to Articles 7 and 8 of the Convention.

Article 11. Reasonable period of notice. The Committee notes that, pursuant to section 184(3) of the Labour Code, an employer is not obliged to give notice to a worker if the termination is a result of a breach of conduct by an employee. The Committee reiterates its request that the Government provide further information on the reasons for setting a notice period of three days for workers with employment contracts of less than two months, the reasons for expressing this notice period in calendar days rather than in working days, as well as information on the manner in which it is ensured that workers receive reasonable notice in cases of termination based on the capacity or conduct of the worker.

Article 12. Severance allowances and other income protection. The Government indicates that Law No. 102-XV of 13 March 2003 on employment and social protection of persons seeking employment and Law No. 105/2018 on the Promotion of Employment and Unemployment Insurance contain provisions related to unemployment benefits and allowances for professional integration. The Committee notes that the amount of the unemployment benefit to which an unemployed worker is entitled is determined in accordance with section 45 of Law No. 105. The Committee further notes that the Government has not provided any further information on the role of collective agreements in making provision for adequate severance allowances. The Committee once again refers to its previous comments and requests the Government to provide information on the role of collective agreements in ensuring provision for severance allowances, as well as information on other types of income protection that may be afforded to workers.

Application of the Convention in practice. Noting that the Government has not provided any information in this regard, the Committee reiterates its request that the Government provide information on the manner in which the Convention is applied in practice, including, for example, copies of court rulings concerning questions of principles relating to the application of the Convention or summaries of the important court rulings and available statistics on the activities of the bodies of appeal (such as the number of appeals, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided upon) and on the number of terminations for economic or similar reasons in the country.