Unconditioned firing of the persons who reached retirement age constitutes a violation of the human rights – experts

Several specialists and national experts appreciate as severe violation of the human rights the changes performed recently by the Parliament in the legal framework, that provide for unconditioned firing of the persons who reached retirement age. Such a norm violates the fundamental human rights and freedom, that are assured by the Constitution of the country as well, that guarantees the right to work, says the Main Inspector of Labor, Dumitru Stavila. He is revolted by the fact that employees who reach retirement age are situated on the same level as criminals and persons who died. Dumitru Stavila considers that this is a method of “ getting rid of unwanted persons” without any effort and without performing a staff attestation or analyzing the working day. The quoted source says that limiting the access to work of the persons from this category will cause negligence from behalf of the employers and fear of elderly persons to be disregarded by their bosses. He is sure that the Constitutional Court must decide upon this law and any person announcing the court about the violation of art .13 of the Labor Code “ Regarding the priority of treaties, conventions, agreements and other international documents” that Moldova is part of as well as the Declaration of Human Rights, would undoubtfully win the case. The president of the Helsinki Committee from the Republic of Moldova, Stefan Uratu, is of the same opinion. He declared for Info-Prim Neo that these changes “ are a violation of the human rights to labor and to a source of income in the circumstances when the retirement money is less then the necessary minimum funds for surviving.” Stefan Uratu is sure that forced exclusion from the labor market of retired people cannot be explained by offering work places for the youth. “ The state must take care of the youth through offering new work places, adequate to their studies and with a salary that would permit them a decent living. “ Uratu says that the possible dismission would present an interest for the European Court for the Human Rights, suggesting that the specialists from the Helsinki Committee are ready to assist the persons that would address the European Court for Human Rights. The representative of the World Labor Organization in the Republic of Moldova, Ala Lipciu, declared for the reporter of Info-Prim Neo, that the recent changes might be a part of social policies that focus on the persons that are capable of working and presently have to look for a place of work abroad. On the other hand, says Ala Lipciu, the state must guarantee decent retirement money in order for these people not to have the necessity to work. The quoted source thinks that those who are not satisfied with this should request assistance from the trade unions, who are obliged to defend their rights. The president of the National Confederation of the Patronages, Leonid Cerescu says in this context : “ no employer that thinks about his company will fire a employee who is capable of working and who has an important experience.” He thinks that the explanation for these changes is related to promoting certain interests connected with getting rid of un-loyal staff and granting the employers important rights. According to the changes performed in the Labor Code, the persons that reach retirement age will be dismissed unconditionally from the day they reached that age. Meanwhile, these persons can be hired on contract basis for a period of 2 years. The changes came into force from the second of June, this year, with their publication in the Official Monitor.