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LAW OF THE REPUBLIC OF MOLDOVA

of July 21, 2006 No. 245-XVI

About creation and functioning of the National commission on consultations and collective bargainings, industry and territorial commissions on consultations and collective bargainings

(as amended on 07-07-2023)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Sphere of regulation

This law establishes legal status, procedure for creation and functioning of the National commission on consultations and collective bargainings (further - the National commission), the industry and territorial commissions on consultations and collective bargainings (further - the industry and territorial commissions) as the independent tripartite bodies of social partnership pursuing public interest created for the purpose of permission of labor and social and economic problems and development of social partnership at the national, industry and territorial levels.

Article 2. Legal base of activities of the National commission, industry and territorial commissions

(1) In the activities the National commission, the industry and territorial commissions are guided by the Constitution of the Republic of Moldova, the Labor code, this law, regulations on them, international treaties which party is the Republic of Moldova, and other regulations in the field.

(2) If international treaties which party is the Republic of Moldova, provide other provisions than containing in this law, the international standards have priority.

Article 3. Basic principles of activities of the National commission, industry and territorial commissions

The basic principles of activities of the National commission, the industry and territorial commissions are:

a) legality;

b) equality of participants;

c) parity of representative office of the parties;

d) polnomochnost of agents of the parties;

e) interest of the parties in participation in contractual relations;

f) observance of regulations of the current legislation by the parties;

g) mutual trust between the parties;

h) assessment of real opportunities of accomplishment of the obligations undertaken by the parties;

i) priority of conciliatory methods and procedures, obligation of mutual consultations of the parties concerning work and social and economic policy;

j) refusal of the unilateral actions violating arrangements (collective agreements), mutual informing the parties on changes of situation;

k) decision making, implementation of actions within the rules and procedures approved by the parties;

l) compulsory execution of collective agreements and other arrangements;

m) control over the implementation of collective agreements;

n) responsibility of the parties for failure to carry out of the undertaken obligations;

o) creation of favorable conditions by the state for development of social partnership.

Article 4. Purposes of activities of the National commission, industry and territorial commissions

The purposes of activities of the National commission, the industry and territorial commissions are:

a) tripartite consultations between social partners in questions of work and social and economic problems of national, industry and territorial value, promotion of social partnership at all levels;

b) maintenance of social unity, the world and stability in the territory of the Republic of Moldova;

c) support of participation of civil society in realization of national policy.

Chapter II. Creation and functioning of the national commission

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