LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


In force since 2003-10-01, valid until before 2016-05-27

Art.

386

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In force since 2016-05-27

Art.

386

The rights of the trade union bodies to control the labor legislation observance

(1) The trade union bodies have the right to carry out the control on the observance by the employers and their representatives of the labor legislation and of other normative acts containing norms of the labor law at all units, regardless of the departmental subordination or the branch affiliation.


(2) In order to control the labor legislation observance and other normative acts containing norms of labor law, trade unions or, as the case may be, their representatives are entitled:


a) to set up their own labor inspectorates, to appoint proxies for occupational safety and health, which operate on the basis of the respective regulations, approved by the national-branch or national-inter-branch trade union bodies;


b) to control the legislative and other normative acts observance regarding the work and rest time, payment, safety and health at work and other working conditions, as well as the execution of the collective labor contracts and the collective agreements;


c) to visit and inspect unhindered the units and their subdivisions where the union members work, in order to determine the compliance of the working conditions with the occupational safety and health norms, and to present to the employer executory proposals, indicating the possible ways to eliminate the detected deficiencies;


d) to carry out, independently, the expertise of the working conditions and ensuring of the security at the workplaces;


e) to request and receive from the employers information and legal acts at unit level necessary for the control;


f) to participate, in composition with commissions, in investigation of the work accidents and cases of contracting occupational diseases and to receive from the employers information about the state of safety and health at work, including work accidents and certified occupational diseases;


g) to defend the rights and interests of the trade union members in matters related to safety and health at work, the granting of facilities, compensation and other social guarantees in connection with the influence of harmful production and environmental factors on employees;


h) to participate as independent experts in composition with commissions for the reception in operation of the production objectives and equipment;


i) to contest, in the established way, the normative acts that harm the labor, professional, economic and social rights of the employees, provided by the legislation in force.


(3) When carrying out the control over the labor legislation observance and other normative acts that contain norms of the labor law, the trade unions may realize other rights provided by the legislation in force.


(4) By detecting in units the non-observance of the occupational safety and health requirements, the concealment of work accidents and cases of contracting occupational diseases or the non-objective investigation of these facts, trade unions are entitled to ask the heads of these units, public authorities and competent authorities to take urgent measures, including interruption of work and suspension of the employer's decisions that contravene the legislation on safety and health at work, prosecution of the guilty persons in accordance with the legislation in force, collective agreements and collective labor agreements.


(4.1) By detecting in units the cases of sex criterion discrimination and the conditions that favor them, the trade union bodies submit to the leaders of these units, to the competent public authorities, concrete recommendations for their elimination.


(5) The employers are obliged to examine, within 7 working days from the date of submission (registration), the requirements of the trade unions and to inform in written form the trade union body about the results of the examination and the measures taken to remove the detected violations.