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Maternity Protection Convention, 2000 (No. 183) - Republic of Moldova (RATIFICATION: 2006)

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Article 3 of the Convention. Health protection. In its previous comments, the Committee requested the Government to provide information on the occupations considered dangerous or posing a risk to the health of mothers and children. The Committee further requested the Government to indicate the measures taken to reduce occupational risks and guarantee a safe working environment for pregnant and breastfeeding workers and their children.
Notwithstanding the absence of a reply from the Government, the Committee observes that a number of legislative provisions have been adopted since it last examined the application of this Article of the Convention. The Committee notes, in particular, that section 248 of the Labour Code, as amended by the Act No. 155 of 20 July 2017, prohibits the performance of work that poses a risk to the safety and health of pregnant women, women who have recently given birth and breastfeeding women. Moreover, the Government’s Decision No. 1408 of 27 December 2016 on Minimum Occupational Safety and Health Requirements for the protection of pregnant women, women who have recently given birth and breastfeeding women, requires that employers carry out an assessment of workplace risks related to the safety and health of such women workers and inform them of the results of the assessment. In case of an identified workplace risk, an employer shall adapt the working conditions of a pregnant or breastfeeding woman or transfer her to another post (section 1 of the Decision of the Government No. 1408 of 27 December 2016). The Committee also notes that, pursuant to section 250(5) of the Labour Code, if a transfer to another post is not feasible, pregnant and breastfeeding women shall be released from their work duties with the preservation of the average wage for the period they are not able to work. The Committee takes due note of these legislative provisions.
Article 6(2) and (3). Maternity benefits paid out of social insurance. (i) Level of maternity allowances. In its previous comments, the Committee requested the Government to indicate how the amount of maternity allowances paid to women who did not qualify for maternity cash benefits related to the monthly subsistence minimum in the country.
In the absence of a reply from the Government, the Committee observes from the provisions of section 6(6) of the Act No. 289 of 22 July 2004 on Allowances for Temporary Incapacity for Work and Other Social Security Benefits, as amended in 2021, that all insured women qualify for maternity cash benefits since entitlement is not conditional upon the completion of a prescribed contribution period. The Committee further observes that, pursuant to section 7(7) of Act No. 289 of 22 July 2004, insured women who have contributed for less than 9 months in the last 24 months or who have a total contribution period of less than 3 years are entitled to maternity cash benefits at the rate of 35 per cent of the average monthly wage, as determined by the Government. In this connection, the Committee observes that, 35 per cent of the average monthly wage in 2021 (8,716 MDL as per the Government’s Decision No. 923 of 22 December 2020) amounted to 3050.6 MDL (approximately 152.53 EUR) which was substantially higher than the monthly subsistence minimum of 2,082.7 MDL (approximately 105,09 EUR) for one person in 2020 (according to the data of the National Bureau of Statistics of the Republic of Moldova). The Committee takes due note of this information.
(ii) Level of maternity cash benefits for women workers in the public sector. The Committee observes that, while the monthly minimum wage in the private sector was equal to 2,775 MDL (approximately 138,75 EUR) in 2020 (Government’s Decision No. 165 of 9 March 2010, as amended in 2019), the monthly minimum wage in the public sector was equal to 1,000 MDL (approximately 50 EUR) (Government’s Decision No. 550 of 9 July 2014), which constitutes less than half of the monthly subsistence minimum of 2,082.7 MDL (approximately 104,13 EUR) for one person. Taking into account that the maternity cash benefit to which insured women with a total contribution period of at least 3 years are entitled by law is equal to 100 per cent of the average insured income for the last 12 months (sections 7(1) and 16(5) of Act No. 289 of 22 July 2004), the Committee observes that the benefit paid to women working in the public sector who earn less than the subsistence minimum for a given year may not be sufficient to meet their basic needs and their children’s. In this connection, the Committee notes that, in 2019, the European Committee of Social Rights (ECSR) concluded that the Republic of Moldova was not in conformity with Article 8§1 of the European Social Charter, which requires the provision of adequate social security benefits during maternity leave, on the ground that the amount of maternity benefits is manifestly too low in the public sector.
The Committee recalls that Article 6(2) of the Convention requires that maternity cash benefits be at a level which ensures that all women protected can maintain themselves and their children in proper conditions of health and with a suitable standard of living. In view of the above, the Committee requests the Government to provide information on any additional maternity cash benefits provided to women workers in the public sector who earn less than the minimum subsistence level to ensure that they can maintain themselves and their children in proper conditions of health and with a suitable standard of living, as required by Article 6(2) of the Convention.
Article 9(2). Pregnancy test. In the absence of a reply from the Government, the Committee reiterates its request to the Government to indicate whether the introduction in the national legislation of a provision expressly prohibiting pregnancy tests or certificates of such a test when a woman is applying for employment is deemed necessary to ensure the application of Article 9(2) of the Convention. The Committee further requests the Government to provide information on any measure prohibiting employers, in practice, from requiring women to undertake or produce a certificate of such tests when applying for employment, including efforts to monitor or enforce such a measure and the results of such efforts.

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The Committee takes due note of the information provided by the Government in response to its comments regarding Article 4(3) (Compulsory postnatal leave) and Article 8(2) (Employment protection) of the Convention and wishes to draw its attention to the following points.
Article 3. Health protection. The Committee notes that according to section 21 of Act No. 186 on safety and health of 10 July 2008, women in certain types of occupations, determined by the Ministry of Health in consultation with employers’ and workers’ organizations, undergo medical examination taking into account the occupational risks faced at work. Please indicate whether the Minister of Health has determined the list of occupations considered dangerous or posing risks to the health of mothers and children in accordance with section 21 of Act No. 186 and whether a requirement to undertake a pregnancy test in respect of those occupations is permitted. Finally, the Committee asks the Government to indicate whether any measures have been taken with respect to the reduction of occupational risks and the guarantee of a safe working environment for pregnant and breastfeeding workers and their children in the framework of the National Reproductive Health Strategy for 2005–15 and the National Health Strategy for the period 2008–23.
Article 6(2) and (3). Maternity benefits paid out of social insurance. The Committee notes from the report that maternity cash benefits paid to insured women almost doubled in the period 2010–12, rising from 6,848 Moldovan leu (MDL) to MDL13,383, while maternity allowances paid to unemployed women and women who do not qualify for benefits decreased over the same period from MDL920 to MDL744. Please indicate how these amounts relate to the monthly subsistence minimum per adult and per child.
Article 9(2). Pregnancy test. The Committee notes the indication in the Government’s report that the national legislation does not require women to undertake a pregnancy test for employment. The Committee requests the Government to indicate whether it considers necessary to introduce into the national legislation a provision expressly prohibiting pregnancy tests or certificates of such a test when a woman is applying for employment, pursuant to this provision of the Convention.

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The Committee takes note of the first report of the Government on the application of the Convention and asks to provide additional information on the following points.

Article 3 of the Convention. Health protection. The Committee notes the Decision of the Government No. 624 of 6 October 1993 on the approval of the list of industries, professions and works with difficult and hazardous labour conditions prohibited for women, as well as regulations for the maximum weight accepted for women for the manual lifting and transportation of weighs. Taking into consideration that this list was adopted in 1993, the Committee would be grateful if the Government could provide information on how it insures that this list is updated regularly, as well as on the procedure for carrying out an assessment of the health risks involved for works that are not listed in the abovementioned decision, but may nevertheless be prejudicial or present a significant risk to the health of the mother or the child. The Government is also asked to explain how this list and the results of assessments are made available to the women concerned.

Article 4, paragraphs 1–3. Maternity leave. The Committee notes the information provided by the Government in its report on the length of maternity leave in case of a stillborn child or a child that dies during precocious neonatal period or postnatal period. The Government is asked to indicate relevant legal provisions and to supply a copy of them.

Article 4, paragraph 4. Compulsory postnatal leave. The Committee notes that the Labour Code does not contain provisions on compulsory period of postnatal leave. It asks the Government to provide information on how effect is given to this provision of the Convention, according to which maternity leave shall include a period of six weeks’ compulsory leave after childbirth, unless otherwise agreed at the national level by the government and the representative organizations of employers and workers.

Article 5. Leave in case of illness or complications arising out of pregnancy. The Committee asks the Government to transmit a copy of the Instruction on the arrangements for the award of medical leave, approved by the Government Order No. 57 of 11 February 1993.

Article 6, paragraphs 2 and 6. Social assistance benefits. The Committee notes the information provided by the Government on cash benefits paid after the childbirth to women who do not fulfil the conditions provided for in section 6 of the law on indemnities for temporary labour disability and other social insurance benefits. It would be grateful if the Government could supply information on social assistance benefits paid to these women during the prenatal period of maternity leave, taking into consideration that these benefits should be at a level which ensures that the woman can maintain herself and her child in proper conditions of health and with a suitable standard of living, according to these provisions of the Convention.

Article 6, paragraph 7. Medical benefits. The Committee asks the Government to provide a copy of the single programme of the State obligatory medical insurance, approved according to section 22 of the law on obligatory medical insurance.

Article 8, paragraph 2. Employment protection. The Government is asked to provide information on how effect is given to this provision of the Convention, which guarantees women the right to return to the same position or an equivalent position paid at the same rate at the end of her maternity leave.

Article 9, paragraph 2. Pregnancy test. The Committee asks the Government to specify in which cases a medical certificate can be required according to section 57, paragraph 1(e) of the Labour Code. The Government is also asked to supply a list of categories of women workers who are undergoing a medical examination at employment, according to section 238, paragraph 2, of the Labour Code.

The Committee noted, from the information provided by the Government in its reports on the application of Convention No. 103, that the five regions on the left bank of the Dniestr, which constitute the self-proclaimed Transnistrian Moldovan Republic, issued their own labour legislation. It would be grateful if the Government would indicate in its next report the manner in which effect is given to the Convention in the above regions and if it would provide copies of the relevant legislation.

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