The bill to modify the Labor Code that was approved by the Government at the end of June implies social risks, associate expert of the Institute for Development and Social Initiative “Viitorul” Adrian Lungu says in a study, quoted by IPN.
The author says the abrogation of the provision according to which the collective work contract continues to have effects when it expires until a new contracts is signed is aimed at promoting the interests of employers only, while the elimination of the provision concerning the keeping by the employer of a register of work contrasts will enable not to declare labor relations.
Adrian Lungu says that leaving the signing or non-signing of an employment order to the discretion of the employer can encourage illegal labor, illegal payment of salaries and violation of labor security norms. The non-issuing of the order will create impediments to the identification and examination of accidents at work.
According to the author, it is not admissible to extend the reason for dismissal - serious violations of ones’ duties - to cover all the categories of salary earners, even if only once. The provision that the pensioners should be employed for a definite period of time is discriminatory. “The absence of records of personnel units, non-issuing of the dismissal order, non-registration of individual work contracts can encourage the non-payment of the income tax and can lead to a decline in the amounts collected into the social and health insurance budgets. Such acts will cause damage to the state,” said Adrian Lungu.
Deputy head of the National Employers Confederation Sergiu Sainciuc, in the debates held in connection with the presentation of the study, said the provisions suggested by the Ministry of Labor promote employers’ interests. The position of trade unions wasn’t taken into account when the bill was drafted. “By these proposals, they diminish the rights and guarantees of salary earners and the role of collective work contracts and strengthen the rights of employers by diminishing employers’ guarantees ,” stated Sergiu Sainciuc.
Attending the debates, Oxana Domenti, head of the Parliament’s commission on social protection, health and family, said the bill is to be discussed by MPs in the first reading this week. The commission members formulated similar conclusions when analyzing the draft law. If will be hard for the commission to agree a position note because there is no compromise between trade unions, employers and the Government. The findings of the study will be discussed and proposed as amendments in the second reading.
