E/C.12/MDA/CO/3
Right to just and favourable conditions of work
32.
The Committee is concerned at the widespread practice of undeclared wages (socalled “envelope wages”), which is a major obstacle in establishing a comprehensive social
security system in the country and has a significant negative impact on the right to social
security of those whose salaries are not fully declared. It is also concerned at the huge
salary arrears, which amount to nearly 140 million MDL and affect over 17,000 employees
(art. 7).
33.
The Committee recommends that the State party take all measures necessary to
ensure that all wages of employees are fully declared and that all delayed and unpaid
salaries are paid without further delay.
Gender pay gap and equal pay for work of equal value
34.
While welcoming the reduction of the gender pay gap by 50 per cent during the
reporting period, the Committee is concerned at its persistence, which leads to a wider
gender gap in social insurance benefits, such as pensions. It is also concerned at the absence
of a legislative framework on the principle of equal pay for work of equal value (art. 7).
35.
The Committee recommends that the State party adopt a legislative framework
on the principle of equal pay for work of equal value and further reduce the gender
pay gap, including by combating gender role stereotypes and improving the vocational
and professional skills of women and their employment opportunities in nontraditional occupations.
Occupational safety and health
36.
The Committee notes with concern the high incidence of occupational accidents,
which lead to death and severe injuries, and the ineffective labour inspections. It is
particularly concerned at the provisions of law No. 131 on State control over
entrepreneurship activities, which limits labour inspections to no more than one per year
and provides for employers to be notified five days prior to inspections, and the insufficient
financial and human resources allocated to the labour inspectorates (art. 7).
37.
The Committee recommends that the State party take all measures necessary to
prevent occupational accidents, improve occupational safety and health and
strengthen labour inspections, including by revising law No. 131 on State control over
entrepreneurship activities and allocating sufficient human and financial resources to
the labour inspectorates. The Committee draws the attention of the State party to its
general comment No. 23 (2016) on the right to just and favourable conditions of work.
Free economic zones
38.
The Committee is concerned that the incentive regime for the free economic zones,
in particular the application of a 10-year freeze on complying with legislation for investors
in free economic zones, may have a seriously adverse impact on the enjoyment of the
Covenant rights by workers in those zones.
39.
The Committee recommends that the State party take all measures to ensure
that the Covenant rights of workers in free economic zones are fully guaranteed and
protected, including the rights to just and favourable conditions of work, to form and
join trade unions and to strike, to health and to social security.
Right to social security
40.
The Committee reiterates its previous concern that the average contributory pension
in the State party is well below the minimum subsistence level and that non-contributory
social assistance benefits are even lower (see E/C.12/MDA/CO/2, para. 12). It is also
concerned that:
(a)
The time devoted by parents of children with severe disabilities to caregiving
was not recognized for the period between 1999 and 2017 as regards social security
entitlements;
6