Signatures, ratifications and accepted provisions
The Republic of Moldova ratified the Revised European Social Charter on 08/11/2001 and accepted additional provisions in August 2024.
The Republic of Moldova hasaccepted 71 of the 98 paragraphs of the Charter.
It has not accepted the Additional Protocol of 1995 providing for a system of collective complaints.
The Charter in domestic law
Article 4 of the Constitution: “1. Constitutional provisions concerning human rights and freedoms shall be understood and implemented in accordance with the Universal Declaration of Human Rights, and with other conventions and treaties to which the Republic of Moldova is party. 2. Wherever disagreements appear between conventions and treaties signed by the Republic of Moldova and her own national laws, priority shall be given to international regulations.”
Table of accepted provisions
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1.1 |
1.2 |
1.3 |
1.4 |
2.1 |
2.2 |
2.3 |
2.4 |
2.5 |
2.6 |
2.7 |
3.1 |
|
3.2 |
3.3 |
3.4 |
4.1 |
4.2 |
4.3 |
4.4 |
4.5 |
5 |
6.1 |
6.2 |
6.3 |
|
6.4 |
7.1 |
7.2 |
7.3 |
7.4 |
7.5 |
7.6 |
7.7 |
7.8 |
7.9 |
7.10 |
8.1 |
|
8.2 |
8.3 |
8.4 |
8.5 |
9 |
10.1 |
10.2 |
10.3 |
10.4 |
10.5 |
11.1 |
11.2 |
|
11.3 |
12.1 |
12.2 |
12.3 |
12.4 |
13.1 |
13.2 |
13.3 |
13.4 |
14.1 |
14.2 |
15.1 |
|
15.2 |
15.3 |
16 |
17.1 |
17.2 |
18.1 |
18.2 |
18.3 |
18.4 |
19.1 |
19.2 |
19.3 |
|
19.4 |
19.5 |
19.6 |
19.7 |
19.8 |
19.9 |
19.10 |
19.11 |
19.12 |
20 |
21 |
22 |
|
23 |
24 |
25 |
26.1 |
26.2 |
27.1 |
27.2 |
27.3 |
28 |
29 |
30 |
31.1 |
|
31.2 |
31.3 |
Grey = accepted provisions |
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Reports on non-accepted provisions
The European Committee of Social Rights (“the Committee”) examines the situation of non-accepted provisions of the Revised Charter every 5 years after the ratification. It adopted reports concerning the Republic of Moldova in 2006, 2012, 2018 and 2021.
The Committee considers that the legislation and practice of the Republic of Moldova could allow the acceptance of the following provisions: 3§4, 4§2, 7§6, 10§1, 10§2, 10§3, 10§4, 10§5, 14§1, 14§2, 18§1, 19§1, 19§2, 19§3, 19§4a and b, 19§5, 19§6, 19§9, 22, 27§1 and 27§3.
Further information on the reports on non-accepted provisions is available on the relevant webpage.
Monitoring the implementation of the European Social Charter [1]
I. Reporting system [2]
Reports submitted by the Republic of Moldova
Between 2004 and 2024, the Republic of Moldova has submitted 19 reports on the application of the Revised Charter.
The 18th report, which was submitted on 06/03/2023, concerns the accepted provisions relating to thematic group 4 "Children, families and migrants" (Articles 7, 8, 16, 17, 16, 19, 27 and 31).
Conclusions with respect to these provisions have been published in March 2024.
On 8 January 2024, an ad hoc report on the cost-of-living crisis was submitted by the Republic of Moldova[3].
Situations of non-conformity [4]
Thematic Group 1 “Employment, training and equal opportunities” - Conclusions 2016
No report was submitted concerning the Articles in thematic group 1 in 2019; therefore, the Committee was unable to adopt Conclusions in the 2020 cycle.
For the most recent Conclusions adopted concerning the relevant Articles, see Conclusions 2016.
► Article 1§1 - Right to work - Policy of full employment
Εmployment policy efforts have not been adequate in combatting unemployment and promoting job creation.
► Article 1§2 – Right to work – Freely undertaken work (non-discrimination, prohibition of forced labour, other aspects)
Restrictions to the employment of nationals of other States Parties in the civil service are excessive which constitutes a discrimination on grounds of nationality.
► Article 1§4 – Right to work - Vocational guidance, training and rehabilitation
It has not been established that the right to vocational guidance in the education system and the labour market is guaranteed.
► Article 9 – Right to vocational guidance
It has not been established that the right to vocational guidance within the education system and labour market is guaranteed.
► Article 15§2 - Right of persons with disabilities to independence, social integration and participation in the life of the community - Employment of persons with disabilities
It has not been established that persons with disabilities are guaranteed effective equal access to employment.
► Article 18§3 - Right to engage in a gainful occupation in the territory of other States Parties- Liberalising regulations
Termination of the employment contracts of foreign workers leads to cancellation of their temporary residence permits, thus obliging them to leave the country as soon as possible.
► Article 20 - Right to equal opportunities and equal treatment in employment and occupation without sex discrimination
Not all professions are open to women, which constitutes discrimination based on sex.
Thematic Group 2 “Health, social security and social protection” - Conclusions 2021
► Article 3§2 – Right to safe and healthy working conditions – Safety and health regulations
It has not been established that:
- there are occupational health and safety regulations covering psychosocial risks;
- levels of prevention and protection required in relation to the establishment, alteration and upkeep of workplaces are in line with the international reference standards;
- self-employed workers are protected by occupational health and safety regulations.
► Article 3§3 – Right to safe and healthy working conditions – Enforcement of safety and health regulations
It has not been established that:
- accidents at work and occupational diseases are monitored effectively.
- the activities of the Labour Inspectorate are effective in practice.
► Article 11§1 – Right to protection of health - Removal of the causes of ill-health
- The measures taken to reduce infant and maternal mortality rates have been insufficient;
- It has not been established that sufficient measures have been taken to effectively guarantee the right of access to healthcare.
► Article 11§2 – Right to protection of health - Advisory and educational facilities
It has not been established that:
- screening for diseases responsible for high levels of mortality is available to the population as a whole;
- there is free medical supervision during schooling.
► Article 11§3 – Right to protection of health - Prevention of diseases and accidents
- It has not been established that adequate measures were taken to overcome environmental pollution;
- Adequate measures protecting the population from the risks of asbestos are not in place;
- The necessary measures were not taken to ban smoking in public places.
► Article 12§1 – Right to social security – Existence of a social security system
- It has not been established that the existing social security schemes cover a significant percentage of the population;
- The minimum unemployment benefit is inadequate;
- The minimum old-age pension is inadequate;
- The minimum sickness benefit is inadequate.
► Article 12§2 – Right to social security – Maintenance of a social security system at a satisfactory level at least equal to that required for the ratification of the European Code of Social Security
It has not been established that the Republic of Moldova maintains a social security system at a satisfactory level at least equal to that necessary for the ratification of the European Code of Social Security.
► Article 12§3 – Right to social security – Development of the social security system
It has not been established that steps have been taken to raise progressively the system of social security to a higher level.
► Article 13§1 – Right to social and medical assistance – Adequate assistance for every person in need
- The level of social assistance paid to a single person without resources, including the elderly persons, is not adequate;
- The right to medical assistance is not guaranteed to all persons without resources.
► Article 13§2 - Right to social and medical assistance - Non-discrimination in the exercise of social and political rights
► Article 13§3 - Right to social and medical assistance - Prevention, abolition or alleviation of need
it has not been established that there exists a mechanism to ensure that those in need may receive help and personal advice services free of charge and that such services and institutions are sufficiently well distributed on a geographical basis.
► Article 2§2 - Right to just conditions of work – Public holidays with pay
Work performed on a public holiday is not adequately compensated.
► Article 2§4 - Right to just conditions of work - Elimination of risks in dangerous or unhealthy occupations
it has not been established that risks are reduced or eliminated for workers performing dangerous or unhealthy tasks.
► Article 4§3 - Right to a fair remuneration - Non-discrimination between women and men with respect to remuneration
- The enforcement of the law on equal pay is not guaranteed;
- There are no pay comparisons across companies in the private sector.
► Article 4§4 - Right to a fair remuneration - Reasonable notice of termination of employment
Notice periods are manifestly unreasonable in the following cases:
- in the event of dismissal on health grounds;
- in the event of the reinstatement of a former worker following a court order.
► Article 4§5 - Right to a fair remuneration - Limits to deduction from wages
It has not been established that workers cannot waive their right to the limination of deductions from wages.
► Article 5 - Right to organise
- The right of the police to organise is not guaranteed;
- Protection against acts of anti-union discrimination and interference is not effectively ensured.
► Article 6§3 - Right to bargain collectively – Conciliation and arbitration
It has not been established that arbitration machinery is available for the settlement of labour disputes in the collective bargaining process, in the private sector and the public sector.
► Article 6§4 - Right to bargain collectively - Collective action
- The restrictions on the right to strike for public officials and employees in the sectors of the public administration, state security, national defence and customs authorities go beyond the limits set by Article G of the Charter;
- All employees in electricity and water supply services, telecommunication and air traffic control are denied the right to strike;
- The obligation imposed on workers on strike to protect enterprise installations and equipment goes beyond the limits set by Article G of the Charter.
► Article 28 - Right of workers' representatives to protection in the undertaking and facilities to be accorded to them
- Workers’ representatives other than trade union representatives are not afforded protection against dismissal and other prejudicial acts when exercising their functions outside the scope of collective bargaining, extended for a reasonable period after the effective end of their functions;
- Facilities identical to those afforded to trade union representatives are not made available to other workers’ representatives.
► Article 7§1 – Right of children and young persons to protection - Prohibition of employment of children under the age of 15
- The definition of light work in national law is not sufficiently precise;
- The legislation on the prohibition of employment under the age of 15 is not effectively enforced.
► Article 7§3 – Right of children and young persons to protection - Prohibition of employment of children subject to compulsory education
The daily and weekly duration of work permitted to children subject to compulsory education is excessive and therefore may deprive them of the full benefit of education.
► Article 8§1 – Right of employed women to protection of maternity - Maternity leave
The amount of maternity benefits is inadequate.
- The measures taken do not ensure an adequate protection of women against domestic violence ;
- Family benefits do not cover a significant number of families.
- Bone testing is used to assess the age of children in irregular migration situation;
- The length of pre-trial detention of children is excessive.
The law permits the expulsion of migrant workers in situations where their behaviour neither pose a threat to national security nor constitute a threat to public interest or morality.
► Article 27§2 – Right of workers with family responsibilities to equal opportunity and treatment - Parental leave
The right to parental leave is not established as an individual right of each parent, a part of which is non-transferable.
The Committee also considered that the failure to provide requested information on Articles 7§3, 7§7, 7§8, 7§9, 7§10, 8§5, 16, 17§1, 17§2 and 19§7 amounts to a breach by the Republic of Moldova of its reporting obligations under Article C of the Charter.
The Committee has been unable to assess compliance with the following provisions:
-
|
► Article 3§1 |
- Conclusions 2021 |
|
► Article 12§4 |
- Conclusions 2021 |
|
► Article 2§1 |
- Conclusions 2022 |
|
► Article 6§2 |
- Conclusions 2022 |
|
► Article 21 |
- Conclusions 2022 |
|
► Article 26§1 |
- Conclusions 2022 |
|
► Article 26§2 |
- Conclusions 2022 |
-
II. Examples of progress achieved in the implementation of rights under the Charter
(non-exhaustive list)
► Law No. 156-XVI on the organisation of (alternative) civil service brought the length of non-military national service into line with that of military service (12 months).
► Adoption in 2003 of a national plan to promote equality of the sexes in society.
► Legislation to ensure equality was enacted on 25 May 2012 and came into force on 1 January 2013. It prohibits all forms of discrimination, including discrimination based on disability, and applies to all individuals and legal persons in the public and private domains.
► Adoption of the Occupational Health and Safety Act adopted on 10 July 2008 and which has entered into force on 1 January 2009.
► By Decision No. 886 of 6 August 2007, the Government approved a national health policy who sets out the priorities for the following fifteen years.
► During the reference period, the Republic of Moldova concluded social security agreements with Belgium, Poland, Hungary and Lithuania
► Legislative amendments of 2016 (Law No. 71 of 14 April 2016) (…) have introduced the obligation for the employer to inform the employees that all acts of discrimination and sexual harassment are prohibited at work. Such an obligation is henceforth provided in the Law on equal opportunities (Law No. 5 of 9 February 2006, Article 10§2d) and the Labour Code: pursuant to Articles 10§2 and 199§1 of the Labour Code, as amended in 2016, the internal regulations of each employment unit shall provide for the respect of "the principle of non-discrimination, the elimination of sexual harassment and any form of denial of work". Under Article 48§2 of the same Code, employees shall be provided, for informational purposes, with a set of documents that are applicable to them, including the internal regulations of the unit. (…).
In addition, the State Labour Inspectorate shall monitor the observance of the legal provisions regarding the prevention and elimination of cases of discrimination and cases of sexual harassment at the work place (Article 1§113.k of Law No. 140 of 10 May 2001, as amended in 2016). (…) the Law on equal opportunities (Article 19§32), as amended in 2016, provides henceforth that gender coordinating groups shall examine cases of discrimination based on sex, and cases of sexual harassment, at the branch level and in the decentralized structures; the law also provides that the materials accumulated in such cases be forwarded to the law enforcement bodies.
► In May 2018, the Parliament of the Republic of Moldova adopted Law No. 85 on amending and supplementing the Labour Code. The new Article 185 of this Code provides for new guarantees in cases of collective dismissals. Accordingly, in cases where measures involving collective dismissals are planned, the employer is obliged to notify, three months in advance, the employees’ representatives and to enter into consultation with the employees’ representative with a view to reachingan agreement. At least five working days before the consultations begin, the employer is obliged to provide to the employees concerned with all the available necessary information on the reasons of the dismissal, the number and categories of employees to be dismissed, the period during which the dismissals will take place, the criteria for selecting the employees to be dismissed and the method of calculating allowances.
► New legislation adopted in the Republic of Moldova introduced compulsory medical examinations prior to being assigned to night work.
►Adoption on 17 July 2014 of the Housing Act.
► Adoption of an “education for all” strategy in 2003, with the aim of increasing enrolment rates in pre-school establishments to 75% and in primary schools to 100% by 2007, and of reducing disparities between rural and urban areas and between disadvantaged sectors of the population and those on average incomes.
► List of dangerous activities prohibited to young workers under 18, established by the Government Decision No. 541 of 7 July 2014.
► The Criminal Code, the Code of Criminal Procedure and the Family Code have been amended in 2012.
- Article 206 (1) of the Criminal Code criminalises the recruitment, transportation, transfer, harbouring, or receipt of a child, as well as giving or receiving payments or benefits to obtain the consent of the person who exerts control over the child for the purpose of commercial or non-commercial sexual exploitation in prostitution or a pornographic industry;
- Article 208 (2) of the Criminal Code criminalises taking advantage, against any material benefits, of sexual services provided by a person who is known with certainty not to have reached the age;
- Article 2081 of the Criminal Code defines and criminalises child pornography as production, distribution, broadcasting, import, export, offering, sale, exchange, use, or holding of pictures or of other images of one or more children involved in explicit, real, or simulated sexual activities;
- Article 175 of the Criminal Code criminalises the proposal, including through information and communication technologies, to a meeting with a child for the purpose of committing an offence against him of a sexual nature.
► Section 54 of Law No. 200/2010 on Foreigners provides for an appeal against decisions to return a migrant to their own country.
► Efforts have been made to ensure that children cannot be taken into care on the grounds of the financial circumstances of their families.
[1] The Committee monitors compliance with the Charter under two procedures, the reporting system and the collective complaints procedure, according to Rule 2 of the Committee’s rules: « 1. The Committee rules on the conformity of the situation in States with the European Social Charter, the 1988 Additional Protocol and the Revised European Social Charter. 2. It adopts conclusions through the framework of the reporting procedure and decisions under the collective complaints procedure ».
Further information on the procedures may be found on the HUDOC database and in the Digest of the case law of the Committee.
[2] Detailed information on the Reporting System is available on the relevant webpage. The reports submitted by States Parties may be consulted in the relevant section.
[3] In accordance with the decision of the Ministers’ Deputies adopted on 27 September 2022 concerning the new system for the presentation of reports under the European Social Charter, the European Committee of Social Rights and the Governmental Committee have decided to request an ad hoc report on the cost-of-living crisis to all State parties.
[4] Further information on the situations of non-conformity is available on the HUDOC database.