LAW OF THE REPUBLIC OF MOLDOVA

of November 23, 2017 No. 244

About sectoral committees on professional training

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Field of regulation

This law establishes legal position, procedure for the organization and functioning of sectoral committees on professional training (further – sectoral committees).

Article 2. Legal basis of activities of sectoral committees

Sectoral committees perform the activities according to the Constitution of the Republic of Moldova, this law, other regulations, international treaties which party is the Republic of Moldova, and also the charters.

Article 3. Main objective of sectoral committees

(1) Sectoral committees are aimed at the development at the level of industries of economy of social partnership in the sphere of professional training for the purpose of support of professional and life-long education, and also for ensuring compliance of professional training of workers and specialists to work market requirements.

(2) Proceeding from requirements of the labor market sectoral committees participate in creation of system of information and analytical support in the sphere of vocational training.

Article 4. Basic principles of activities of sectoral committees

Activities of sectoral committees are based on the following basic principles:

a) legality;

b) equality of the parties;

c) parity of representative office of the parties in governing bodies;

d) mutual trust between the parties;

e) obligation of collective agreements and other arrangements between social partners.

Chapter II. Organization of sectoral committees

Article 5. Sectoral committees

(1) Sectoral committees are associations with the status of the legal entity which are established voluntarily, based on this law, at the level of the industries of economy established by the Qualifier of types of economic activity of the Republic of Moldova, representatives of patronages and labor unions of the corresponding industry.

(1-1) Voided.

(2) In departure sectoral committees receive from provisions of the Law on public associations No. 837/1996 based on this law the status of the organization of public advantage.

(3) at the level of one industry of economy only one sectoral committee can be founded. The name of sectoral committee reflects the name of industry of economy for which it is founded.

Article 6. Procedure for organization of sectoral committees

(1) the organization of sectoral committee requires consent on consolidation at least two associations – one foster and one trade-union – the national level from industry for which the relevant committee is established.

(2) the National and industry trade-union centers and representative foster confederations or representative federations at the level of industry can determine one association or federation for participation in organization of sectoral committee in the corresponding industry, except for sectoral committees in processing industry.

(3) any other foster associations or federations, either any other primary trade-union organizations, or the territorial industry trade-union centers from field of activity of the relevant sectoral committee showing such willingness Founded according to the legislation can join already founded sectoral committee.

(4) professional associations from field of activity of the relevant sectoral committee also can join sectoral committees.

(5) the Sectoral committee acquires the status of the legal entity from the moment of registration in the State register of legal entities.

(5-1) Voided.

(6) In the part which is not settled by this law, procedure for organization, registration, the organizations and functioning of sectoral committees it is determined by the relevant normative provisions regulating organization, registration, the organization and functioning of public associations.

Article 7. Charter of sectoral committees

(The Sectoral committee independently develops 1) and approves the charter, the program of activities and administrative provisions, establishes the structure and elects the governing bodies.

(2) the Charter of sectoral committee without fail contains the following data:

a) name and location of sectoral committee;

b) tasks of activities, function and power of sectoral committee, methods and forms of their realization;

c) procedure for finding and termination of membership in sectoral committee;

d) rights and obligations of members of sectoral committee;

e) the size of fees and procedure for their payment if the decision on establishment of these fees is made;

f) organizational structure, the name of the leading and monitoring bodies, procedure for forming, terms of office and powers of those;

g) approval procedure of the charter and modification and amendments in it, and also procedure for adoption of other decisions of sectoral committee;

h) procedure for forming, use and property acquisition;

i) procedure for control of activities of sectoral committee;

j) procedure of the termination of activities of sectoral committee.

(3) the Charter of sectoral committee may contain also other provisions which are not contradicting the legislation concerning its activities.

(4) the Charter is signed by all founders of sectoral committee at the time of its organization.

Article 8. State registration of sectoral committees

(1) In the part which is not settled by this law, registration, refusal in registration and protest of refusal in registration of sectoral committee are performed according to the procedure, established for public associations.

(2) For registration of sectoral committee the following documents are submitted:

a) the application signed by all members of governing body of sectoral committee;

b) charter in duplicate;

c) copy of the protocol of the constituent assembly of sectoral committee;

d) the list of founders, with application of copies of certificates on state registration and minutes abstracts of meeting of the national and industry trade-union center, meeting of representative foster confederation or, depending on circumstances, representative foster federation on which the decision on appointment of association for participation in organization of sectoral committee as the founder is made;

e) the document confirming the location.

(3) For registration of sectoral committee the state fee is not collected.

Chapter III. Powers, rights and obligations of sectoral committees

Article 9. Powers of sectoral committees

In pursuance of the tasks and the objects set for them sectoral committees perform the following powers:

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