Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 158) sur le licenciement, 1982 - République de Moldova (Ratification: 1997)

Autre commentaire sur C158

Observation

2002

Demande directe

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Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s report received in October 2011 which includes information in response to its 2008 direct request. The report also included data from the Ministry of Justice on the examination by the courts of individual labour disputes for the 2009–10 period and statistics on the number of both disposed and pending court cases, notably concerning the reinstatement of dismissed workers. The Committee further notes that several amendments were made to the legal framework regulating termination of employment pursuant to the entry into force in 2009 of the Civil Service Law No. 158 of July 2008 and that the labour inspection reported 98 cases of illegal dismissals based upon the fact that employees had reached the age of retirement. The Committee would appreciate receiving information on the manner in which the Convention is applied in practice, including up-to-date statistics on the activities of the courts (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons (including examples of information provided by the employers to the workers’ representatives concerned in cases of collective dismissals, as required under Article 13(1) of the Convention).

Article 2(2) and (3) of the Convention. Adequate safeguards in case of recourse to contracts of employment for a specified period. The Government indicates that more than 3,600 cases of violations of the protection guaranteed by the Convention to workers on fixed-term contracts were reported in 2011. According to the Labour Inspection, more than 800 employees were not duly informed as to the termination date of their contract, while 1,250 employees did not receive any compensation following dismissal. Additionally, almost 1,800 seasonal workers were illegally entrusted with additional tasks and duties that had not been initially mentioned in their contract. The Committee invites the Government to provide in its next report up-to-date information on the manner in which the Convention is being enforced concerning the protection of the workers on fixed-term contracts. Please also provide copies of the court decisions by which tribunals have dealt with this issue.

Article 5(c). Invalid reasons for termination of employment. The Committee refers to its 2008 direct request and again asks the Government to specify how it ensures that the filing of a complaint or the participation in proceedings against an employer involving alleged violations of laws or regulations or the recourse to a competent administrative authority does not constitute a valid reason for termination.

Articles 7 and 8. Procedure prior to termination of employment and procedure of appeal. The Committee notes that 241 cases of unlawful dismissal were reported by the labour inspection, including violation of the right for workers to be provided with the grounds of their dismissal as well as to be informed about the authority entitled to hear appeals against disciplinary sanctions. The Committee invites the Government to provide copies of courts decisions giving effect to the provisions of both Articles 7 and 8 of the Convention.

Article 11. Period of notice. The Committee notes that sections 63 and 64 of the Civil Service Law No. 158 provide for different periods of notice. With reference to its previous comments, the Committee requests the Government to clarify how it is ensured that persons who work in the private sector are entitled to receive a reasonable period of notice or compensation in lieu thereof, as required by the Convention.

Article 12. Severance allowance and other income protection. The Government indicates that section 12 of the Civil Service Law No. 158 provides that, in case of early retirement or termination of employment, civil servants are entitled to compensation of 50 per cent of their salary for each full year of work in the public service. The Government further indicates that the number of beneficiaries of unemployment benefits has increased significantly since 2009 with 11,000 beneficiaries in 2010, 40 per cent of whom were dismissed workers and 35 per cent of whom had resigned. The Government recalls that, according to Law No. 102-XV of 13 March 2003, dismissed workers are entitled to severance pay, with the exception of employees that have ceased work following: (1) enterprise liquidation; (2) reduction of the number of workers or staff; or (3) resignation. Law No. 102-XV of 13 March 2003 was amended to reassess the calculation of unemployment benefits and ensure a better equity between beneficiaries. The Committee invites the Government to report on the role of collective agreements in the provision of severance pay, so as to allow the Committee to better assess whether all persons covered by the Convention are entitled to severance payment, benefits from unemployment insurance, or a combination of the two. Please also provide copies of any court decisions which address this matter.