”Contrary to the fundamental rights of trade unions to participate in the drafting of programs projects on socio-economic development, the opinion of NCTUM on the need for approval of a new Labor Code was not required. Or,by this the trade unions were ignored as social partner representing the labor interests of about 400 thousand employees – trade union members”, mentioned Oleg Budza, the President of the NCTUM.
According to the declaration, the reason or purpose of approving a new Labor Code indicated in the Government program, namely „ensuring compliance with rights and interests of both sides of labor relations” and the provision of „developing the business environment and investment climate”, cannot serve as a legal basis for the inclusion of such an objective in the Government Activity Program.
NCTUM is firmly convinced that by the elaboration of a new Labor Code, some, especially the representatives of foreign investors, aim only to reduce the labor rights and interests of employees in order to gain some stimulus on the account of employees in order to attract investors or foreign investment.
Trade Unions do well know the proposals to amend the Labor Code, which have already been submitted by the representatives of foreign investors. Some of these relate to the: cancellation of obligations of the employer to annually approve the staff structure (legal measure to counteract the illegal work), as well as to carry out collective negotiations on the conclusion of the collective labor agreement; granting the employer’s right to refuse the hiring with no reason and without the drawing up the refusal in writing; cancellation of legal provisions prohibiting employer probationary period application for certain categories of persons, like – young professionals, people under 18, who have been transferred to another unit, disabled, pregnant women etc.; annulment of certain legal guarantees of the employees in case of dismissal on the grounds of reducing the function; cancellation of legal provisions prohibiting the employer to recall the employee from leave without his consent; annulment of conditions of law which establish that the employer has the right to establish different systems of rewarding, of additions and supplements to the basic salary and other incentive payments only after the consultation with employee’s representatives etc.
It is absolutely incorrect to convey the principle that in the market economy conditions the social partners (employees – employer) must be equal in rights, which is impossible, on the grounds that it is the employer who is more favorable in the field of employment, he has capital that make him profits, and the employee is a simply committed, his subaltern who provide work against payment, in the most cases, on the mercy of the employer.
Thus, NCTUM ask the relevant authorities not to allow the provision of special incentives to attract foreign investment, which would diminish the rights and labor interests of the employees.
National Confederation of Trade Unions of Moldova is firmly convinced that there is no legal basis for the development and adoption of a new Labor Code. Moreover, this could cause mass indignation of employees on the grounds of a real risk or, in other words, of some intents of reducing their fundamental rights and guarantees of labor, and will lead to the blocking of the improvement process of regulations of the Labor Code in force, which currently takes place through tripartite working group, created from the representatives of social partners (Government, Employers and Trade Unions).
National Confederation of Trade Unions of Moldova requests the Parliament, the Government of Moldova, to dispose the exclusion of 2015-2018 Government Activity Program the objective of adopting a new Labor Code or the substitution of adoption by its republication.
Informational Department of the NCTUM