Moldovan cabinet makes amendments concerning employees trade unions members

Chisinau, 20 May /MOLDPRES/ - The cabinet of ministers has approved a draft law on the amendment of normative acts on the rights of employees members of trade union organizations and will submit it to the parliament for consideration.  

Under the amendments, ‘’the representatives of employees, who participate in collective negotiations, on the period of holding the latter cannot be subjected to disciplinary sanctions, transferred to another job or dismissed without a preliminary consultation of the trade union bodies who empowered them.’’

Also, ‘’in all cases of consulting the employees/employees’ representatives, provided for in the Labour Code, the employer, before the adoption of a decision harming the employees, will notify the trade union body/employees’ representatives and will ask for their opinion in written form. The term for presenting the opinion is ten working days at the most starting from the date of the notification’s reception. If the opinion is not presented in the term indicated, the communication of the consultative opinion of the concerned body is presumed.’’  

The draft also contains provisions as to employees’ dismissal. Thus, ‘’at the dismissal of employees trade union members, the employer will beforehand consult the trade union body of the unit, submitting the concerned notification. When it comes to the dismissal employees elected in trade union bodies and non-dismissed from the basic job, the employer will beforehand consult the trade union body whose member the employee is, submitting the concerned notification, through which it will reason the intention.’’   

„The goal of the draft is to exclude the veto right of the trade union bodies in the procedure of dismissal of employees elected in trade union bodies and non-dismissed from the basic job,’’ reads the draft’s informative note.

These amendments were made, in order to enforce a decision by the Constitutional Court.