Informe provisional - Informe núm. 342, Junio 2006

838. The Committee last examined this case at its November 2004 meeting [see 335th Report, paras. 1043-1096]. The Confederation of Trade Unions of the Republic of Moldova (CSRM) sent new allegations in communications dated 9 November and 30 December 2004, and 8 August and 29 December 2005. The National Federation of Trade Unions of Workers of Food and Agriculture of Moldova (AGROINSIND) submitted its additional allegations by a communication dated 24 November 2005. The International Confederation of Free Trade Unions (ICFTU) sent additional information by its communication dated 9 March 2006.

1. 839. The Government sent its observations in communications dated 2 April 2005 (received by the Office on 11 November 2005), 5 January and 10 May 2006.
2. 840. The Republic of Moldova has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 841. At its November 2004 meeting, the Committee made the following recommendations in relation to this case [see 335th Report, para. 1096]:
2. (a) The Committee requests the Government to provide copies of the draft laws mentioned by the complainant and to send its observations in this regard.
3. (b) The Committee recalls that certain advantages, especially with regard to representation, might be accorded to trade unions by reason of the extent of their representativeness. But it has taken the view that the intervention of the public authorities as regards such advantages should not be of such a nature as to influence unduly the choice of the workers in respect of the organization to which they wish to belong.
4. (c) Recalling that Article 2 of Convention No. 98 prohibits employers from interfering in the establishment of trade unions, the Committee requests the Government to conduct an independent inquiry into the allegation of the employers’ refusal to accept the establishment of trade unions at the Ecological College and the Lyceum “Mircea Eliade” and keep it informed in this respect.
5. (d) The Committee requests the Government to take all the necessary measures in order to ensure that court decisions ordering the enterprise to transfer deducted trade union dues to the trade union account are duly enforced and to keep it informed in this respect.
6. (e) The Committee requests the Government to take the necessary measures so as to ensure that access to enterprise premises during trade union meetings is allowed to trade union leaders and representatives, with due respect for the rights of property and management. It requests the Government to keep it informed in this respect.
7. (f) The Committee considers that trade union organizations should be allowed to benefit from their international trade union contacts.
8. (g) The Committee requests the Government to send as a matter of urgency its observations as regards the criminal investigations instituted over two years ago against the AGROINSIND.
9. (h) The Committee requests the Government to conduct as a matter of urgency the following independent inquiries into the allegations of pressure to change trade union affiliation:
10. (i) in the districts of Ocnita, Briceni, Edinet and the municipality of Chisinau, as concerns the SINDASP;
11. (ii) in the districts of Floresti, Gagauzia, Balti, Ocnita and Edinet, as concerns the Union of Education and Science;
12. (iii) at the Wine Producing Company, Mileshti-Mish Winery, the National Chamber of Wine Producers and Wine Growers, the Viorika-Cosmetics Ltd., “Barza Alba”, “Tutun CTC”, “Aroma”, “Cricova”, “Franzeluta”, Agricultural Machinery Plant in the Calarasi district and the Factory of Food Products of Balti municipality as concerns the AGROINSIND;
13. (iv) into the allegations of the CSRM concerning trade union organizations in the health field and, more particularly, as concerns the disaffiliation of the trade union of the Ministry of Health from the “Sanatatea” Trade Union;
14. (v) into the circumstances of disaffiliation of the Federation of Unions of Chemical Industry and Energy Workers, the “Moldsindcoopcomet” Federation, the “Raut” Trade Union and the Trade Union of Workers of Cadastre, Geodesy and Geology “SindGeoCad” from the CSRM.
15. The Committee requests the Government to keep it informed of the results of these investigations.
16. B. The complainants’ new allegations
17. 842. In its communications dated 9 November and 30 December 2004, and 8 August 2005, the Confederation of Trade Unions of the Republic of Moldova (CSRM) alleges that the public authorities, especially at the local level, as well as some employers continue to violate trade union rights by threatening and intimidating trade union leaders of the CSRM-affiliated organizations. The complaints filed with the Office of the Public Prosecutor brought no results. To explain the unsuccessful attempts of the union to address the Office of the Public Prosecutor, the CSRM refers to the absence of legislative provisions sanctioning violations of trade union rights and the absence of a judicial machinery to defend trade union rights. The CSRM addressed a letter to the Parliament requesting to re-examine the possibility of amending the Criminal Code and the Code of Administrative Offences so as to include penalties for breaches of trade union rights. In its reply dated 15 December 2004, the Parliamentary Committee on Legal Issues, Appointments and Immunity stated that trade union demands could not be satisfied without, however, outlining the reasons for this. The CSRM considers that the Parliamentary Committee’s true motive is to protect state officials from being charged with violating legislation on trade unions. It repeated its demand to make legislative amendments but was still awaiting the Parliament’s reply.
18. 843. The CSRM further provides detailed information in respect of the alleged violations of trade union rights of its two affiliates – the Union of Education and Science and the Trade Union “Sanatatea”. As concerns the Union of Education and Science, the complainant submits that chairpersons of trade union committees of the educational institutions from Floresti, Donduseni and Edinet districts were not allowed to participate in the pedagogical conference held in August 2004. In this respect, the head of the Department of Education, Youth and Sport of the Edinet district declared that the conference was not a place for politics. Trade union leaders who nevertheless decided to participate were forced to leave. Moreover, according to the complainant, the representatives of the local public administration continued convoking directors of the educational institutions and instructing them to ensure that trade unions of their schools join trade unions affiliated to the Confederation “Solidaritate”. Such cases took place in the towns of Comrat and Telenesti, as well as in the Riscani, Floresti and Rezina districts. The same also took place within the Ministry of Education. The complainant states that on 13 September 2004, the Minister of Education organized a meeting of trade union members of the staff of the Ministry to discuss the opportunity of joining the branch trade union of the Ministry of Education affiliated to the Confederation “Solidaritate”. Following speeches of the Minister, the Vice-Minister, the heads of the departments and other officials, workers, afraid of being dismissed, voted for joining the “Solidaritate”. Furthermore, on 15 September 2004, the vice-president of the union in the Floresti district was ordered to clear her office, which was earlier provided to her in accordance with the Law on Trade Unions and the branch collective agreement.
19. 844. With regard to the Trade Union “Sanatatea”, the complainant indicates that the Vice-Minister of Health is himself involved in the campaign aiming at transferring the “Sanatatea” primary trade union to the Confederation “Solidaritate”. The management of the preventive medical centres and trade union leaders are threatened with dismissals and pressured to organize meetings to discuss joining the “Solidaritate”. The complainant transmits copies of two sets of minutes of such meetings; at one of them, the Vice-Minister was present and expressed his opinion on the benefits of joining the “Solidaritate”. According to the complainant, the Vice-Minister also allegedly ordered to stop transferring trade union dues to the executive committee of the “Sanatatea” and to establish a new trade union of medical workers, which could later join the Confederation “Solidaritate”. All complaints to the authorities about undue interference were to no avail. The Ministry of Health refuses to sign the branch collective agreement already drafted and accepted by the Ministry and the “Sanatatea”.
20. 845. By its communication of 29 December 2005, the CSRM transmits the observations of the National Federation of Trade Unions of Workers of Food and Agriculture of Moldova (AGROINSIND) (which had also been forwarded directly by the AGROINSIND in its communication of 24 November 2005) on the efforts taken to destroy this union and transfer its members to the “Solidaritate”. The AGROINSIND alleges that on 10 November 2005, Mr. Ianiev, technical director of the S.A. ”Elevator Kelley Grains” and a member of the communist party of the Republic of Moldova, has convoked a meeting of workers of the enterprise. During the meeting, he asked the employees, majority of which were members of the AGROINSIND, to create a new trade union affiliated to the “Solidaritate”. Application forms requesting withdrawal from the AGROINSIND were distributed to that end. An election of the trade union committee was organized and its chairperson elected. The chairperson of the Causeni territorial union of the AGROINSIND tried, in vain, to explain to those present that the creation of a new union was illegal and that actions of the administration of the enterprise were a grave interference in trade union activities and a breach of trade union rights. However, he was insulted by Mr. Ianiev who stated that he was acting under the instructions of the president of the administrative council of the enterprise.
21. 846. In its communication of 9 March 2006, the International Confederation of Free Trade Unions (ICFTU) alleges the continuing violation of trade union rights in the Republic of Moldova. In particular, it submits that legislative and statutory acts are still being adopted without proper consultations with the CSRM. The laws of the Republic do not envisage any responsibility for violation of trade union rights; all proposals made by the CSRM to make relevant legislative changes are constantly turned down. Furthermore, the ICFTU alleges that the state authorities continue to interfere in the internal affairs of trade unions. More specifically, it refers to the pressure exercised by the authorities on the AGROINSIND’s leadership (the criminal case against this union was dismissed on 26 December 2005, only following resignation of the union chairperson on 22 December 2005) and by employers of the “Moldcarton”; transfer, under pressure by the authorities, of several Federation of Trade Unions of Public Service Employees (SINDASP)-affiliated trade union associations to the union affiliated to the “Solidaritate”; interference by the regional authorities into internal affairs of the Union of Education and Science, with a view to transfer member of this union to the “Viitarul”, affiliated to the “Solidaritate”; the pressure exercised upon the “Sanatatea” union and the Union of Culture Workers, which, under the pressure exercised by the directors of the respective enterprises, were forced to change their affiliation. Finally, the ICFTU alleges the favouritism by the Government of the “Solidaritate”-affiliated trade unions. In this respect, the ICFTU refers to the statements made by the President of the Republic of Moldova, who openly expressed his support of the “Solidaritate” and trade union monopoly, and to the participation of the “Solidaritate” in the work of the Ministry boards and other industrial authorities, whereas the CSRM representatives are often excluded.
22. C. The Government’s reply
23. 847. By its communication of 2 April 2005, the Government transmits comments of the special working group established on 11 May 2004 and made up of the Fist Deputy Minister of Labour and Social Protection, Deputy Minister of Economy, Deputy Minister of Foreign Affairs, chief of section responsible for parties and non-governmental organizations (Ministry of Justice) and head advisor to the government apparatus charged with examining the complaint in the present case and the conclusions and recommendations reached by the Committee. The working group considers that the complainants failed to submit concrete proofs to substantiate their allegations. It further considers that both trade union confederations receive equal treatment from the Government and that the Government will continue to support only those proposals and initiatives which are well-founded, real and non-populist, regardless of which trade union presents them.
24. 848. As concerns the previous recommendations of the Committee, the working group provides the following observations:
25. – Recommendation (a): the draft law amending section 11 of the Law on Trade Unions and the draft law on non-commercial organizations were not considered by the Government following arguments against such legislation forwarded by the Confederation “Solidaritate” and the Confederation of Trade Unions of the Republic of Moldova (CSRM) in their common communications of 23 and 30 July 2003.
26. – Recommendation (b): the working group supports the Committee’s view that certain advantages could be provided to trade unions in order to increase their membership.
27. – Recommendation (c): as regards the allegation that certain employers oppose establishment of trade unions at their enterprises or institutions and, in particular, as concerns the cases of the Ecological College and the Lyceum “Mircea Eliade”, the Government indicates that these cases were examined during the meetings with the personnel and the administration of the educational institutions. The complainants’ accusations were not confirmed. It was established that teachers of the Lyceum “Mircea Eliade” left the trade union in 1995. In 2001-02, upon an initiative of the director of the lyceum and a representative of the teachers’ trade union organization of the Chisinau district, efforts were made to establish a trade union organization at the lyceum, but the teachers refused, as they saw no benefit from trade union membership.
28. – Recommendation (d): a labour inspection conducted at the “Moldcarton” enterprise in January 2005 confirmed the allegation of the complainants in this case. In fact, due to the financial difficulties of the enterprise, trade union dues were not transferred to the trade union of the “Moldcarton”. Referring to the two court decisions of 2004 ordering the enterprise to transfer due amount to the union, the Government states that in December 2004, half of that amount was already paid. The director of the enterprise was served with an order to rectify all violations of labour legislation within 21 days. A complaint based on section 41(1) of the Code of Administrative Offences was also filed with the court.
29. – Recommendation (e): with regard to the right of trade union leaders to access workplaces of their members, the Government refers to the existing legislation and, in particular, to section 31(3) of the Law on Trade Unions which prohibits employers to limit or hinder trade union representatives from visiting his or her enterprise to carry out their union duties. However, due to the specific activities of some enterprises and the form of their ownership, in some cases, an access has to be negotiated with their owners. To prevent problems related to the access to workplaces from reoccurring in the future, a proposal will be made to the social partners at the national level to conclude an agreement to establish a mechanism allowing trade union representatives to exercise their trade unions duties at the various enterprises.
30. – Recommendation (f): the Government agrees that trade union organizations should benefit from their international trade union contacts as that allows them to strengthen their position.
31. – Recommendation (g): concerning the criminal investigations instituted against the National Federation of Trade Unions of Workers of Food and Agriculture of Moldova (AGROINSIND), the Government submits that the criminal proceeding was opened following material evidence of fiscal evasion submitted by the State Tax Inspectorate. Following a criminal investigation, it was established that the trade union administration did not register the AGROINSIND as a non-profit organization, which would exempt it from paying income tax, therefore this organization was liable for tax. The Civil Chamber of the Court of Appeals concluded that the AGROINSIND had violated the tax legislation. That was subsequently confirmed by the Supreme Court of Justice. Currently, criminal proceedings were still pending.
32. – Recommendation (h): with regard to the allegations of pressure to change trade union affiliation, the Government states the following:
33. (i) It denies that pressure was exercised on the Federation of Trade Unions of Public Service Employees (SINDASP) territorial trade union organizations in the districts of Ocnita, Briceni, Edinet and the municipality of Chisinau. According to the Government, following certain tension between the ex-president of SINDASP and the territorial trade union organizations, these organizations were excluded from SINDASP by the decision of the executive committee of the Federation on 18 February 2004. Following a demand by a third of the members of the Council of the Federation, an extraordinary meeting was scheduled on 19 March 2004 and the decision was taken to dismiss SINDASP’s president, its vice-president and the accountant. It was also decided to overturn the decision of the executive committee of 18 February 2004. Therefore, the territorial organizations of the abovementioned districts were still members of SINDASP.
34. (ii) The Government considers that recruitment of trade union members from other trade union organizations was effectuated in accordance with the legislation in force. During 2004, meetings were held in the districts of Comrat, Ceadir-Lunga, Vulcanesti, Ocnita, Donduseni, Floresti, Edinet and Balti with participation of the president of the Republican Council of the Union of Education and Science, vice-president of the CSRM, presidents of the territorial trade union associations and the president of the Trade Union of Education “Viittorul”, member of the Confederation “Solidaritate”. During these meetings, following statements made about the activities of the Union of Education and Science, wishes to join “Viittorul” were expressed.
35. (iii) As concerns the disaffiliation of trade union organizations at the National Chamber of Wine Producers and Wine Growers, the Viorika-Cosmetics Ltd., “Barza Alba”, “Tutun CTC”, “Aroma”, “Cricova”, “Franzeluta”, Agricultural Machinery Plant in the Calarasi district and the Factory of Food Products of Balti municipality from the AGROINSIND, the Government indicates that this took place in accordance with the statutes of these organizations, following their decision to withdraw their AGROINSIND affiliation and to establish a new Federation of Trade Unions of Food Processing Industry and Allied Sectors “Sindparc”. This organization was registered by the Ministry of Justice on 16 August 2004.
36. (iv) The Government considers that the disaffiliation of certain organizations from the “Sanatatea” Trade Union was due to the excessive politicization of several trade union leaders and representatives, whose actions did not contribute to the fulfilment of strategies and priorities of the health system of the Republic of Moldova. The Government further considers that the process of disaffiliation or affiliation to another trade union, following a majority or unanimous decision to this effect, is a right of each primary trade union organization. Currently, trade union organizations of the majority of medical institutions withdrew their “Sanatatea” membership. The disaffiliation of the primary trade union organization of the Ministry of Health from the “Sanatatea” took place following a decision of trade union members at the meeting on 27 May 2004. At the same time, the Ministry continues to collaborate with the “Sanatatea” when drafting legislative and normative acts.
37. (v) The decision of the Federation of Unions of Chemical Industry and Energy Workers, the “Moldsindcoopcomet” Federation, the “Raut” Trade Union and the Trade Union of Workers of Cadastre, Geodesy and Geology “SindGeoCad” to disaffiliate from the CSRM was taken by the respective trade union councils, in conformity with their trade union statutes.
38. 849. In its communications of 5 January and 10 May 2006, the Government indicates that the national legislation ensures the best conditions for the establishment and functioning of trade unions, ensures the workers’ right to join trade unions, regulates in detail the role of trade unions and entitles them with numerous rights. To ensure the observance of trade union rights, the national legislation previously provided for sanctions under the Criminal Code: hindering of the legal activity of trade unions was fined by 30 minimum salaries or a dismissal. The new Criminal Code does not make a violation of trade union rights an offence. Such actions are now sanctioned by section 41 of the Code of Administrative Offences which provides for a fine of 75 conventional units for the violation of the Labour Code (which regulates trade union rights). However, agreeing with the position of the CSRM that the Code of Administrative Offences does not adequately sanction violation of trade union rights, the Government has drafted a law amending the Code of Administrative Offences which would introduce a new provision sanctioning the impediment of legal activities of trade unions and their bodies by persons exercising important public functions by a fine ranging from 75 to 200 conventional units. The draft is currently under review by the competent ministries and social partners (including two trade union confederations).
39. 850. The Government further indicates that a draft law on the organization and functioning of the national commission for consultation and collective bargaining, and on consultations and collective bargaining at branch and territorial levels, was elaborated with participation of all social partners and relevant institutions.
40. 851. With reference to the affiliation of trade unions of a lower level to those of a higher level, the Government indicates that, according to the Law on Trade Unions, the issues concerning organizational structure, affiliation to other trade unions, establishment of federations and confederation are regulated by the statutes of each union, adopted without any interference from the authorities. Moreover, each worker has a right to join a union and to withdraw his or her membership from the union. In this context, the Government provides information regarding the following trade unions mentioned in the complaint submitted by the CSRM and the ICFTU.
41. Trade Union “Sanatatea”
42. 852. Since April 2005, the Ministry of Labour and Social Protection has been dissolved and its competences were now assumed by the Ministry of Health and Social Protection and the Ministry of Economy and Trade. The complainants had previously accused the previous Minister of Health and his deputy of interference into trade union internal affairs of the “Sanatatea”. A former Minister of Labour and Social Protection has now been appointed Minister of Heath and Social Protection. Since the Ministry’s administration was changed, the cooperation between the Ministry and the “Sanatatea” has improved and, as a result, all trade unions from the medico-sanitary institutions again joined the “Sanatatea”. To ensure an adequate social and economic protection of the workers of this branch, the Ministry of Health and Social Protection and the Trade Union “Sanatatea” negotiated and signed a collective agreement for the years 2005-08.
43. Federation of Trade Unions of Public
44. Service Employees (SINDASP)
45. 853. The SINDASP was registered by the Ministry of Justice on 21 September 2001. On 29 March 2004, it submitted to the Ministry of Justice amendments to its statutes reflecting a decision taken on 19 March 2004 by the extraordinary meeting of the Federation’s Council to dismiss the SINDASP’s president, Mr. Molosag, for reasons of mismanagement leading to the partition of the SINDASP. Ms. Harbur was appointed vice-president of the Federation and was to perform the interim functions of the president according to the trade union statutes. On 23 April 2004, the Ministry of Justice made the relevant modification in the State Registry. On 28 April, the dismissed administration of the SINDASP applied to the court asking to repeal the above decision of the Ministry of Justice, arguing that the Council of the Federation did not have the right to re-elect the president of the Federation due to the absence of the required quorum. This application was rejected by the decision of the Ministry of Justice on 7 June. On 14 June 2004, Mr. Spivacenco was elected president of the SINDASP by the extraordinary meeting of the Federation’s Council. Mr. Molosag did not recognize the decision of the collegial body and applied to court to have the decision of 19 March 2004 annulled and to be re-established in his previous function. By its decision of 16 August 2005, the court rejected his application. The Court of Appeals, however, reversed the decision of the Court of the First Instance and declared the decision of 19 March null and void. This decision of the Court of Appeals was challenged by the Council of the Federation before the Supreme Court.
46. 854. Furthermore, the Government indicates that, in accordance with the SINDASP’s statutes, withdrawal of a territorial trade union from the Federation is effectuated by submitting an application to this effect to the executive committee of the Federation, which adopts a decision on the exclusion from the Federation’s membership. In respect of the territorial organizations of Ocnita, Briceni, Floresti, Chisinau, Riscani, Cimislia, Donduseni, Balti, Calarasi, Ungheni, Edinet, such a decision was not yet taken, therefore these organizations still remain members of the SINDASP.
47. Union of Education and Science
48. 855. In May 2005, seven primary trade unions from the Rezina district adopted a decision to withdraw their affiliation to the Union of Education and Science and to affiliate to the Trade Union “Viitorul”, which was later done in conformity with the statutes of both organizations.
49. Trade Union of Culture Workers
50. 856. On 17 November 2005, the Council of the Union took a decision to withdraw its membership from the CSRM and to affiliate to the “Solidaritate”. However, some members of the initial Trade Union of Culture Workers disagreed with the decision of the Council and established an alternative Trade Union of Culture Workers affiliated to the CSRM. According to the Government, everything was done in conformity with the legislation in force.
51. National Federation of Trade Unions of Workers of Food and Agriculture of Moldova (AGROINSIND)
52. 857. In its reply to the latest ICFTU’s allegations, the Government states that the resignation of Mr. Porcescu, the Chairperson of the Federation, was not related to the dismissal of the case, but was only a coincidence. Initially, the case was dismissed on 10 September 2004, while liability of the Federation for breaking fiscal legislation has been established by the Civil College of Court of Appeal and confirmed by the Supreme Court. Thus, the decision of 10 September 2004 was considered groundless and was rescinded. Additional criminal investigation was carried out. However, following the investigations, it was decided to dismiss the case.
53. 858. The Government further affirms that it treats the two trade union confederations equally. To support its statement, it refers to the 13,000 decisions of the Government and 300 legislative acts, adopted following consultations with both confederations. Furthermore, during 2005, social partners adopted three new collective agreements at the national level, each of which has been negotiated between the Government, the National Confederation of Employers, the CSRM and the “Solidaritate”. The Government also refers to the 11 collective agreements at branch and territorial level concluded with the participation of trade unions of the respective level (eight affiliated to the “Solidaritate”, including the SINDASP and the Trade Union of Workers of Cadastre, Geodesy and Geology, and three to the CSRM). As to the participation of trade union representatives in various councils established by the ministries, the Government reiterates that the choice of representatives is based on the sole reason that the activity of a given council is related to the sector of economy which the union represents. It further states that recently, on 7 April 2006, the Government has approved the composition of the commission for equality between women and men, which included representatives of both trade union confederations.

D. The Committee’s conclusions

1. 859. The Committee recalls that this case concerns allegations of the Government’s attempts to adopt legislation contrary to freedom of association, interference by the public authorities and employers in the internal matters of trade union organizations, and pressure exercised upon trade union members to change their affiliation and become members of the trade union supported by the Government.
2. 860. The Committee notes that as regards the allegation of the Government’s attempt to adopt new legislation contrary to freedom of association, the Government indicates that having considered the views expressed by the Confederation “Solidaritate” and the Confederation of Trade Unions of the Republic of Moldova (CSRM), it had decided not to pursue the amendment of the Law on Trade Unions and the draft law on non-commercial organizations.
3. 861. The Committee notes the complainants’ new allegation to the effect that the national legislation does not provide for sufficient sanctions for violations of trade union rights. The Committee notes that the Government refers to the Code of Administrative Offences, which sanctions violations of the provisions of the Labour Code by a fine of 75 conventional units. The Government also states that the draft amendments to the Code, which would sanction the impediment of legal activities of trade unions and their bodies by persons exercising important public functions by a fine ranging from 75 to 200 conventional units, are now under review by the competent authorities and the social partners.
4. 862. The Committee further notes that, in their recent communications, the complainants submit that on numerous occasions, the CSRM has requested the Government to amend the current legislation so as to provide for sufficient penalties for violation of trade union rights. However, such proposals were, so far, turned down. The CSRM also alleges the absence of judicial machinery competent to deal with the complaints of violation of trade union rights. The Committee recalls that legislation must make express provisions for appeals and establish sufficiently dissuasive sanctions against acts of interference by employers against workers and workers’ organizations to ensure the practical application of Article 2 of Convention No. 98 [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 764]. The Committee further emphasizes the value of consulting workers’ and employers’ organizations during the preparation and application of legislation, which affects their interests. The Committee therefore expects that legislative provisions expressly sanctioning violations of trade union rights and providing for sufficiently dissuasive sanctions will be soon adopted following full and frank consultations with social partners, including the CSRM and the National Confederation of Moldovan Employers. It further expects that the measures taken by the Government in this regard will not only address violations of the Labour Code, but also other laws concerning freedom of association and collective bargaining rights, such as the Law on Trade Unions. The Committee requests the Government to keep it informed of the developments in this respect.
5. 863. The Committee recalls that it had previously pointed out that while certain advantages might be accorded to trade unions by reason of the extent of their representation, the intervention of the public authorities as regards such advantages should not be of such a nature so as to influence unduly the choice of the workers in respect of the organizations to which they wish to belong. The Committee notes from the reply provided by the Government in its three communications that while it treats the two confederations (the CSRM and the “Solidaritate”) equally (for example, both are included in the governmental commission for equality between women and men), it “supports the Committee’s view that certain advantages could be provided to trade unions in order to increase their membership”. In view of the recent ICFTU allegations of continuing favouritism on behalf of the Government in respect of the “Solidaritate” and the statement made by the President of the Republic of Moldova to this effect, the Committee is bound to once again stress that by placing one organization at an advantage or at a disadvantage in relation to the others, a government may either directly or indirectly influence the choice of workers regarding the organization to which they intend to belong, since they will undeniably want to belong to the union best able to serve them, even if their natural preference would have led them to join another organization. A government which deliberately acts in this manner violates the principle laid down in Convention No. 87 that the public authorities shall refrain from any interference which would restrict the rights provided for in the Convention or impedes their lawful exercise [see Digest, op. cit., paras. 303-304]. The Committee requests the Government to reply to the abovementioned ICFTU allegations.
6. 864. With regard to its previous request to conduct an independent inquiry into the allegation of the employers’ refusal to accept the establishment of trade unions at the Ecological College and the Lyceum “Mircea Eliade”, the Committee notes the Government’s statement that meetings were held between the personnel and the administration of these institutions and that the complainants’ allegations were not confirmed. According to the Government, on the contrary, teachers of the Lyceum refused to establish a trade union, as they saw no benefits in doing so. While no further information was provided by the complainants in respect of these two institutions, the Committee recalls that this case concerns numerous allegations of anti-union tactics and threats and pressure exercised on the representatives and members of the Union of Education and Science. The Committee had therefore requested the Government to conduct an independent inquiry into the allegations made. The Committee regrets that the Government limited its investigation to meetings between the personnel and the administration of the above educational institutions. The Committee therefore once again requests the Government to conduct independent investigations into the allegations of the employers’ refusal to accept the establishment of trade unions at the Ecological College and the Lyceum “Mircea Eliade” and to keep it informed in this respect.
7. 865. With regard to its previous request to take all the necessary measures in order to ensure that court decisions ordering the “Moldcarton” enterprise to transfer deducted trade union dues to the trade union account are duly enforced, the Committee notes from the Government’s reply that a labour inspection conducted at the “Moldcarton” enterprise in January 2005 confirmed the allegation of the complainants. Referring to the two court decisions of 2004 ordering the enterprise to transfer the amount due to the union, the Government states that in December 2004, half of that amount was already paid. The director of the enterprise was served with an order to rectify all violations of labour legislation within 21 days. A complaint based on section 41(1) of the Code of Administrative Offences was also filed with the court. The Committee requests the Government to indicate whether all deducted trade union dues have now been transferred to the National Federation of Trade Unions of Workers of Food and Agriculture of Moldova (AGROINSIND)’s account. Further noting the new allegations submitted by the ICFTU in respect of the “Moldcarton” enterprise, the Committee requests the Government to provide its observations thereon.
8. 866. As concerns the Committee’s previous request to take the necessary measures so as to ensure that access to enterprise premises during trade union meetings is allowed to trade union leaders and representatives, with due respect for the rights of property and management, the Committee notes the Government’s statement that in order to prevent problems related to workplace access from reoccurring in the future, it intended to make a proposal to the social partners at the national level to conclude an agreement to establish a mechanism allowing trade union representatives to exercise their trade unions duties at the enterprises. The Committee requests the Government to keep it informed of all measures taken to address the question of access of trade union representatives to the workplaces in order to carry out legitimate trade union activities.
9. 867. The Committee takes due note of the Government’s statement that trade union organizations should benefit from their international trade union contacts as that allows them to strengthen their position and expects the Government to ensure that this right can be freely exercised.
10. 868. The Committee notes from the ICFTU communication that the criminal case against the AGROINSIND was dismissed on 26 December 2005, following the resignation of the union chairperson on 22 December 2005. It further notes that, according to the Government, the resignation of Mr. Porcescu was not related to the dismissal of the case, but was only a coincidence. Initially, the case against him was dismissed on 10 September 2004. However, the Court of Appeal found the AGROINSIND liable for violating the tax legislation. While stating that the violation by the AGROINSIND of the tax legislation was confirmed by the Supreme Court and that accordingly, the decision of 10 September 2004 was considered groundless and was rescinded, the Government adds that following additional criminal investigation, it was decided to dismiss the case. While noting that the case against AGROINSIND has now been dismissed, the Committee expresses its concern at the alleged link between the resignation of the AGROINSIND chairperson and the dismissal of the criminal proceedings.
11. 869. The Committee recalls that it had previously requested the Government to conduct independent inquiries into the allegations of pressure to change trade union affiliation as concerned the following CSRM-affiliated trade unions: the SINDASP, the Union of Education and Science, the AGROINSIND, the “Sanatatea”, the Federation of Unions of Chemical Industry and Energy Workers, the “Moldsindcoopcomet” Federation, the “Raut” Trade Union and the Trade Union of Workers of Cadastre, Geodesy and Geology “SindGeoCad”. The Committee notes the recent allegations submitted by the ICFTU in respect of these trade unions and requests the Government to provide its observations thereon.
12. Federation of Trade Unions of Public
13. Service Employees (SINDASP)
14. 870. The Committee notes that the Government denies that pressure was exercised on the SINDASP territorial trade union organizations in the districts of Ocnita, Briceni, Edinet and the municipality of Chisinau. According to the Government, following certain tension between the ex-president of SINDASP and the territorial trade union organizations, these organizations were excluded from the SINDASP by a decision of the executive committee of the Federation on 18 February 2004. However, following the dismissal of Mr. Molosag from his post as SINDASP president for reasons of mismanagement leading to the partition of the SINDASP, the Council of the Federation decided to overturn the decision of the executive committee. Therefore, the territorial organizations of the abovementioned districts were still members of the SINDASP. The Government further indicates that Mr. Molosag contested the decision of his dismissal in court. By its decision of 16 August 2005, the court rejected his application. The Court of Appeals, however, reversed the decision of the Court of First Instance and declared the decision of 19 March null and void. This decision of the Court of Appeals was contested by the Council of the Federation before the Supreme Court. The Committee requests the Government to keep it informed of the Supreme Court’s decision once it is rendered. The Committee further notes from the information provided by the Government that when it lists in its communication the 11 collective agreements concluded at the branch and territorial levels, in two cases it refers to the agreements concluded between the relevant ministry and SINDASP, which the Government states to be affiliated to the Confederation “Solidaritate”. The Committee requests the Government and the complainants to clarify whether the SINDASP, which had previously been affiliated to the CSRM, has since changed its affiliation.
15. Union of Education and Science
16. 871. The Committee notes that the Government considers that recruitment of trade union members from other trade union organizations was effectuated in accordance with the legislation in force. During 2004, meetings were held in the districts of Comrat, Ceadir-Lunga, Vulcanesti, Ocnita, Donduseni, Floresti, Edinet and Balti with participation of the president of the Republican Council of the Union of Education and Science, vice-president of the CSRM, presidents of territorial trade union associations and the president of the Trade Union of Education “Viittorul”, member of the Confederation “Solidaritate”. During these meetings, following statements about the activities of the Union of Education and Science, wishes were expressed to join the “Viittorul”. The Government further indicates that in May 2005, seven primary trade unions from the Rezina district decided to withdraw their affiliation to the Union of Education and Science and to affiliate to the Trade Union “Viitorul”.
17. 872. The Committee further notes the new allegations of violation of trade union rights of the Union of Education and Science. In particular, the Committee notes that the CSRM submits that the chairpersons of trade union committees of the educational institutions from Floresti, Donduseni and Edinet districts were not allowed to participate at the pedagogical conference held in August 2004. In this respect, the head of the Department of Education, Youth and Sport of the Edinet County declared that the conference was not a place for politics. Trade union leaders, who nevertheless decided to participate, were forced to leave. The Committee further notes that according to the complainant, the representatives of the local public administration continued convoking directors of the educational institution and instructing them to ensure that trade unions of their schools join trade unions affiliated to the Confederation “Solidaritate”. Such cases allegedly took place in the towns of Comrat and Telenesti, as well as in the Riscani, Floresti and Rezina districts. The same also allegedly took place within the Ministry of Education. The complainant states that on 13 September 2004, the Minister of Education organized a meeting of trade union members of the staff of the Ministry to discuss the opportunity of joining the branch trade union of the Ministry of Education affiliated to the Confederation “Solidaritate”. Following speeches by the Minister, the Vice-Minister, the heads of the departments and other officials, workers, afraid of being dismissed, voted for joining the “Solidaritate”. Furthermore, on 15 September 2004, the vice-president of the union in Floresti district was ordered to clear her office which was earlier provided to her in accordance with the Law on Trade Unions and the branch collective agreement.
18. 873. The Committee recalls that the complainants in this case have alleged that under the pressure from the authorities and directors of the educational institutions, the primary trade unions of the Union of Education of Science had changed their affiliation and became members of the “Viitorul”. In these circumstances, the Committee requested the Government to conduct an independent inquiry not into whether the change of affiliation was made according to the statutes of the union and the national legislation, but into whether the decision to change the affiliation was a result of the pressure, threats and favouritism in respect of the “Viitorul” expressed by the heads of the local authorities and directors of schools. In view of the new allegations provided by the complainants, to which, regrettably, the Government has not replied, the Committee once again, as a matter of urgency, requests the Government to conduct independent inquiries into all alleged instances of pressure exercised upon the trade unions affiliated to the Union of Education and Science. It expects that the inquiry will be truly independent and will be composed of persons having the confidence of all of the parties involved. The Committee requests the Government to keep it informed in this respect.
19. National Federation of Trade Unions of Workers of Food and Agriculture of Moldova (AGROINSIND)
20. 874. The Committee notes that in respect of the primary trade union of the AGROINSIND, the Government also submits that the disaffiliations were carried out in accordance with the statutes of this organization. The Committee further notes the new allegations submitted by the CSRM on the efforts taken to destroy the AGROINSIND primary trade union organization at the S.A. “Elevator Kelly Grains” with a view to transfer its trade union members to the “Solidaritate”. The Committee regrets that no information was provided by the Government in this respect. The Committee refers to its above conclusion in respect of the Union of Education and Science and requests the Government to conduct an independent investigation into all alleged instances of pressure exercised upon the trade unions affiliated to the AGROINSIND. It requests the Government to keep it informed in this respect.
21. Trade Union “Sanatatea”
22. 875. The Committee notes the Government’s communication of 2 April 2005, in which it considers that the disaffiliation of certain organizations from the “Sanatatea” was due to the excessive politicization of several trade union leaders and representatives whose actions did not contribute to the fulfilment of strategies and priorities of the health system of the Republic of Moldova. The Government further considers that the process of disaffiliation or affiliation to another trade union, following a majority or unanimous decision to this effect, is a right of each primary trade union organization. Trade union organizations of the majority of medical institutions withdrew their “Sanatatea” membership. The disaffiliation of the primary trade union organization of the Ministry from the “Sanatatea” took place following a decision of trade union members at the meeting on 27 May 2004. At the same time, the Ministry continued to collaborate with the “Sanatatea” when drafting legislative and normative acts. The Committee also notes that in its two communications of 2004, the complainant alleged that the Vice-Minister of Health was himself involved in the campaign aiming at transferring “Sanatatea” primary trade union to the Confederation “Solidaritate”. The management of the preventive medical centres and trade union leaders were threatened with dismissals and pressured to disaffiliate from the “Sanatatea” and join the “Solidaritate”. All complaints to the authorities about undue interference were to no avail. The Ministry of Health refused to sign the branch collective agreement already drafted and accepted by the Ministry and the “Sanatatea”.
23. 876. The Committee further notes the Government’s communication of 5 January 2006, in which it indicated that since April 2005, the Ministry of Labour and Social Protection has been dissolved and its competences were now assumed by the Ministry of Health and Social Protection, and the Ministry of Economy and Trade. The previous Minister of Health, whom the complaints accused of interfering in trade union matters, was replaced. Since the change in the Ministry’s administration, the cooperation between the Ministry and the “Sanatatea” has improved and as a result, all trade unions from the medico-sanitary institutions have again joined the “Sanatatea”. To ensure adequate social and economic protection of the workers of this branch, the Ministry of Health and Social Protection and the trade union “Sanatatea” negotiated and signed a collective agreement for the years 2005-08. The Committee takes due note of this information.
24. Other trade union organizations
25. 877. The Committee notes that according to the Government, the decision of the Federation of Unions of Chemical Industry and Energy Workers, the “Moldsindcoopcomet” Federation, the “Raut” Trade Union and the Trade Union of Workers of Cadastre, Geodesy and Geology “SindGeoCad” to disaffiliate from the CSRM was taken by the respective trade union councils, in conformity with their trade union statutes. It further indicates that on 17 November 2005, the Council of the Trade Union of Culture Workers took a decision to withdraw its membership from the CSRM and to affiliate to the “Solidaritate”. According to the Government, this change was done in conformity with the legislation in force. Once again, the Committee urges the Government to conduct an independent investigation into the allegation that all these transfers took place under the pressure exercised by the authorities and employers. It requests the Government to keep it informed in this respect.