LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Stand:
Chapter III
THE RIGHTS OF THE TRADE UNIONS IN THE CONTROL OF THE LABOR LAW AND THE GUARANTEES OF THEIR ACTIVITY

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.

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See the original = Romanian


Art.

  387 Guarantees for persons elected to the trade union bodies and not released from the basic employment

(1) Persons elected to the trade union bodies of all levels and not released from the basic job may not be disciplined and/or transferred to another job without prior consultation of the trade union bodies of which they are members.

(2) The leaders of the primary trade union organizations not released from the basic work place cannot be disciplined without prior consultation of the hierarchically superior trade union body.

(3) The participants in the trade union assemblies, seminars, conferences and congresses convened by the trade unions, in the trade union education are released from the basic workplace, during their duration, with the maintenance of the average salary.

(4) The members of the elective trade union bodies not released from the basic workplace are granted free time during the working hours in order to realize their rights and fulfill their trade union obligations, while maintaining the average salary. The concrete duration of the working time reserved for this activity is established in the collective labor contract.

(5) The termination of the individual labor contract concluded with the persons elected in the trade union bodies and with the leaders of the trade union bodies not released from the basic work place shall be admitted in compliance with the provisions of the present law.

(6) The fulfillment of the obligations and realization of their rights by the persons indicated in points (1) - (5) may not serve for the employer as a ground for dismissal or application of other sanctions that would affect their rights and interests arising from the work relations.

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See the original = Romanian


Art.

  388 Guarantees for persons elected to the trade union bodies and released from the basic employment

(1) Employees whose individual employment contract is suspended in connection with their election to the elective positions in trade union bodies, after the expiration of their term of office shall be granted the previous job, and in its absence - another equivalent job (position) or, with the consent of the employee, to another unit.

(2) If the granting of a previously employed job or an equivalent job is impossible due to the liquidation of the unit, its reorganization, the reduction of the numberĀ  or staffing, the respective employer shall pay to the persons indicated in paragraph (1) a severance pay equal to 6 average monthly salaries.

(3) The employees whose individual employment contracts have been suspended in connection with their election in the trade union bodies of the unit benefit from the same rights and facilities as the other employees of the respective unit.

(4) The dismissal of the employees who have been elected in the trade union bodies, regardless of whether or not they have been released from the basic job, is not allowed for 2 years after the expiration of the mandate, except in cases of of the unit liquidation or committing culpable actions by the respective employees, for which the legislation in force provides the possibility of dismissal. In such cases, the dismissal is based on general grounds.

(5) In the collective labor agreements and in the collective conventions may be provided other guarantees for the persons indicated in paragraphs (1), (3) and (4).

Original 

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Art.

  389 Protection of the rights and labor, professional, economic and social interests of the employees by the trade unions

The activity of the trade unions oriented towards the protection of the labor, professional, economic and social rights and interests of the employees members of the trade union is regulated by the present law, by the legislation regarding the trade unions and by their statutes.

Original 

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Art.

  390 Ensuring the conditions for the activity of the trade union body in the unit

(1) The employer has the obligation to provide free of charge to the trade union body in the unit rooms with all necessary inventory, ensuring the conditions and services necessary for its activity.

(2) The employer makes available to the trade union body, according to the collective labor contract, means of transport, telecommunications and information necessary for the fulfillment of the statutory tasks of the respective trade union body.

(3) The employer without payment carries out, in the manner established by the collective labor contract and/or by the collective conventions, the collection of the membership fees of the trade union and transfers them monthly to the settlement account of the respective trade union body. The employer is not entitled to withhold the transfer of the indicated means or to use them for other purposes.

(4) The work remuneration of the trade union body leader, whose individual employment contract has been suspended in connection with the election to the elective position, shall be made at the expense of the unit, the amount of his salary is established by negotiations and is indicated in the collective labor contract or in the collective convention (agreement).

(5) In the units in which a collective labor contract is concluded and/or on which the collective conventions have their effects, the employer, by the request of the employees who are not union members, deducts from their salary funds and transfers them monthly to the settlement of the trade union body, under the conditions and in the manner established by the collective labor contract and/or by the collective conventions (agreements).

(6) Additional measures to ensure the activity of the trade unions may be provided in the collective labor agreement and/or in the collective conventions (agreements).

Original 

This is a translation. No guarantees!

See the original = Romanian