The control system in the field of labour relations and occupational health and safety is under review

Experts of the Secretariat of the Economic Council to the Prime Minister convened the first meeting of the Working Group No. 6 on the reform of the control system in the field of labour protection and safety. The meeting was attended by representatives of the State Chancellery, the Ministry of Labour and Social Protection, the State Labour Inspectorate, trade unions, the business community and other stakeholders.

The participants are to review the regulatory framework with a view to improving the situation, as stipulated by Government Provision 108-d of 25 July 2023.  One of the issues discussed is possible duplication of tasks. For example, Law No. 22/2018 on the exercise of unskilled activities of an occasional nature carried out by day labourers, which provides that the State Labour Inspectorate and/or the State Tax Service shall establish offences. Such a provision creates premises for a duplication of state control which may result in the initiation of a contravention process against economic agents employing day labourers.

It would be desirable to have a body to control/check offences in this area.   Another set of issues concerns restrictive measures and the quality of their regulation. Broadly speaking, the legislation in this area is limited to two restrictive measures, namely the re-attraction/suspension of the licence and the cessation of the activity/operation of the activity (halls, subdivisions, etc.).

Although these measures are mentioned, clarification is needed as to either the types of infringements and/or which are the categories of risk, the level of risk and the magnitude of the potential damage that allow to find that an infringement is “very serious” and allows the triggering of the restrictive measures indicated in the law. In order to provide clarity as to when restrictive measures may be applied and the types of measures that may be applied, additions are needed in the relevant laws indicating the magnitude of potential harm, the level and categories of risk, with or without reference to the types of infringements.

These and other problems have largely been identified by business associations. Proposals for addressing them are largely based on practices and principles promoted by the Organisation for Economic Co-operation and Development, including mechanisms and principles for state control of entrepreneurial activity that currently exist in Moldova. The reform of the system of state control over entrepreneurial activity is planned for 2023-2024 and is being promoted with the support of the business community, members of the Economic Council, representatives of state institutions and donor organisations, including USAID/MISRA.

The Secretariat of the Economic Council to the Prime Minister is supported by the European Bank for Reconstruction and Development, funded by the UK Government’s Good Governance Fund, and the International Finance Corporation’s Investment Climate Reform Project funded by the Government of Sweden’s International Development Agency.

The Secretariat of the Economic Council to the Prime Minister is supported by the European Bank for Reconstruction and Development, funded by the UK Government’s Good Governance Fund.