Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the Government’s report for the period ending 15 June 2000. It also notes the comments made by the Council of the General Federation of Trade Unions of the Republic of Moldova (No. 07-03/471, dated 3 August 2000) alleging that the Government’s report has a superficial character and does not fully reflect the points listed in the report form, providing only partial information. The Committee requests the Government to provide further information and clarification on the application of the following provisions of the Convention:

Article 2 of the Convention.  Please indicate whether the state inspectors for labour protection enforce arbitration awards and collective agreements upon which the force of law is conferred.

Article 10.  In its previous comments the Committee asked the Government to indicate the percentage of women inspectors and any special duties which might have been assigned to them. The Committee notes the Government’s indication that in accordance with section 5 of the Regulations on the State Inspectorate for Labour Protection both men and women can be employed in the capacity of state inspector, but no woman as yet has applied for a position of the state inspector for labour protection. The Committee asked the Government to provide information on any progress in this regard.

Article 12(2).  Please indicate whether recourse was had to the possibility provided for by paragraph 2 and, if so, what are the government services or institutions to which certain inspection duties have been entrusted, the nature of these duties, the manner in which they are carried out, and whether these inspection activities are subject to supervision by the central authority.

Article 15(1) and (2). In its previous comments the Committee asked the Government to indicate specific arrangements made to give effect to these provisions of the Convention. The Committee notes the Government’s indication that the economic and financial situation in the Republic of Moldova does not allow to give effect to the provisions of this Article. Recalling the importance of placing material means at the disposal of inspection services for the effective performance of their duties, the Committee asks the Government to provide information on measures taken or envisaged to give effect to this Article of the Convention and to report on any progress achieved.

Article 16(1)(c)(iii).  In its previous comments the Committee asked the Government to indicate whether state inspectors had the powers provided for in this provision of the Convention and, if so, indicate the corresponding provisions in national legislation. The Committee notes the Government’s response that the state inspectors for protection of labour are not authorized to take or remove for purposes of analysis samples of products, materials and substances used or handled. Referring also to paragraphs 175-178 of its 1985 General Survey, the Committee wishes to stress the importance of this power of labour inspectors and asks the Government to indicate measures taken or envisaged to apply these provisions of the Convention.

Article 18(4).  The Committee notes the Government’s indication that in accordance with resolution No. 51 of the State Inspectorate for Labour Protection, dated 6 June 2000, the state inspectors for labour protection are obliged to inform workers and their representatives about the content of the record of proceedings of inspection visits. Recalling that under this Article the defects noted by an inspector when visiting an undertaking and the orders made shall be immediately made known not only to the representative of the workers, but also to the employer, the Committee asks the Government to indicate how effect is given to this provision of the Convention in so far as it concerns the notification to the employer.

Article 19(1) and (2).  The Committee notes the Government’s indication that in accordance with section 3 of the Regulations on the procedure of investigation of occupational accidents, approved by resolution No. 380 of 23 April 1998, the administration of the enterprise has the duty to ensure the reporting of occupational accidents. The Committee asks the Government to indicate whether the State Inspectorate for Labour Protection shall be notified also of cases of occupational disease.

Article 20(b).  Please indicate the penalties or disciplinary measures which are prescribed if state inspectors (former state inspectors) reveal manufacturing and commercial secrets or other information.

Article 21.  The Committee notes the Government’s indication that the current number of inspectors as well as the material and technical support of the State Inspectorate for the Labour Protection do not allow to achieve the frequency of inspection visits necessary to ensure the effective application of the relevant legal provisions. The Committee requests the Government to indicate measures envisaged to improve the situation.

Article 24.  In its previous comments the Committee has asked the Government to indicate what penalties are provided for obstructing state inspectors in the performance of their duties. The Committee notes the Government’s indication that the existing legislation does not prescribe such penalties. It requests the Government to indicate measures taken or envisaged to apply these provisions of the Convention.

Article 26.  The Committee notes a copy of the report on the activities of the State Inspectorate for Labour Protection in 1999. It asks the Government to indicate what is the procedure for access to such report by an interested party.