Law on Employers Unions (2000)


Law
no. 976 from 11 May 2000
on employers unions

AMENDED
 LP121-XVIII of 23.12.09, MO197-200/31.12.09 art.662
LP448-XV of 30.12.04, MO20-23/04.02.05 art.71
LP240 of 13.06.03, MO138/08.07.03 art.557

The Parliament adopts the present law.
This law regulates the creation, functioning and cessation of employers unions’ activity in Moldova in accordance with the Concept for development of social dialogue.

Chapter I
GENERAL PROVISIONS
Article 1. The legal status of employers unions
(1) Employers' unions are non-commercial, independent and apolitical NGOs formed on free association and equal rights of employers from various fields.
(2) Employers' unions have the right to establish their territorial subdivisions without legal capacity.
    [Article 1 (2) amended by LP121-XVIII of 23/12/2009, MO197-200/31.12.09 art.662]
(3) The territorial subdivision shall operate under the employers’ union status.
    [Article 1 (3) introduced by LP121-XVIII of 12/23/2009, MO197-200/31.12.09 art.662]

Article 2. Employer’s legal status
For the purpose of this law, the employer is a legal entity or individual person, regardless of its form, registered according to the law who manages and uses capital and employment to obtain competitive conditions.

Article 3. The scope of setting up employers unions
Employers unions shall be set up to assist their members by providing services and advice, protect their rights and represent their interests in relationships with public authorities, trade unions, and any other non-governmental organization nationally and internationally in accordance with its statutes and this Law.

Article 4. Employers unions’ principles of setting up and activity
(1) Employers unions, regardless of legal form of organization, are equal in rights and shall activate based on their own statutes and this Law.
(2) Employers unions shall operate according to the principles of free consent and equality of all members.

Article 5. Legal forms of organization
Employers shall set up in the following legal forms of organization:
a) employers association;
b) employers federation;
c) employers confederation.

Article 6. Employers Association
(1) Employers association is a legal form of employers unions’ organization, formed by association of at least three employers – legal entities and / or individuals.
      [Art.6 (1) amended by LP121-XVIII of 23/12/2009, MO197-200/31.12.09 art.662]
(2) Employers associations can be formed by association of employers:
a) according to the type of activity;
b) from a particular territory, regardless of the type of activity.
 (3) In a field of activity or on a particular territory more employers associations can be set up.
 (4) Employers associations, depending on the purpose and nature of their work may be members of one or more employers federations or confederations.

Article 7. Employers federation
(1) Employers federation is a legal form of organization of employers, comprising two or more employers associations from a particular area of activity in order to solve common problems, within the powers delegated by their members.
(2) Separate employers from the same field of activity can also be members of the employers federation.

Article 8. Employers confederation
(1) Employers confederation is a legal form of organization of employers, consisting of two or more employers federations.
(2) Separate employers associations and employers can also be members of employers’ confederation regardless of their principles and scope of association.
(3) Employers, associations, federations and confederations of employers may associate to form a nationally representative employer confederation.

Article 9. Representing Employers
Representing associations, employers’ federations or confederations shall be made by individual members - the President or one of the executives directors.

Article 10. Relationships between the state and employers unions
(1) The relationship between the state and employers unions shall enjoy state protection against any acts, which, by law, constitute an obstacle to the organization, operation and management of their activity.
(2) Employers unions cannot be liquidated and their activity cannot be suspended under the provision of government authorities’ acts of disposition.
(3) Employers unions’ members of eligible governing bodies’ are provided with legal protection against any form of conditioning, coercion or restriction of their duties.
(4) Associations, federations and confederations of employers, where appropriate, shall be consulted and are required written advisory opinions on draft laws and other social-economic regulations on the employers’ activity.
(5) The state shall control the employers unions’ activities through its bodies, in the manner and cases provided by law.
(6) State control shall not disrupt the normal activity of employers unions. Public authorities are liable under law for violations of this law.

Article 11. Legislation on employers unions
Legislation on employers unions consists of this Law and other laws.

Article 12. International cooperation
Employers unions, in accordance with their statutes, may establish relationships and international contacts and participate in activities which do not contravene to the international obligations of the Republic of Moldova.

Chapter II
Employers unions basic attributions
Article 13. Employers unions’ duties
Employers unions:
a) represent, promote, support and defend the common economic, technical and legal and cooperation actions and interests of their members;
b) claim under the law, full freedom to act in promoting economic units’ development programs, ensuring maximum efficiency of economic activity
c) promote fair competition in business and in relations among their members;
d)advise on matters regarding termination of management contracts;
e) participate in initiating, issuing and promoting development programs, restructuring, privatization and liquidation of enterprises and promote economic cooperation;
f) participate in collaboration with social dialogue partners in drafting laws and other regulations, contribute to the development and implementation of national economic development and economic activities and strategies in the areas of remuneration and labor protection, vocational education and health;
g) provide their members with useful information, facilitate relationships between them and relationships with other organizations, promoting the managerial interests, provide advice and assistance, including in the field training and increasing labor productivity;
h) perform other duties under the provisions of its statutes and legislation.

Article 14. Employers union participating in social dialogue
(1) Employers unions are part of the social dialogue and represent the interests of employers, regardless of type of property and legal form of organization.
(2) Employers unions shall involve in negotiations of the collective employment agreements and conciliation, mediation and settlement of disputes and conflicts at work, in other negotiations, in accordance with its statutes and laws.

Chapter III
Employers unions’ setting up
Article 15. The setting up of employers unions
(1) Employers unions shall set up at the constituting meeting of the founding members, by adopting the decision of constitution the employers union, approving the regulations and electing governing and control bodies.
(2) Employers unions are constituted and operate under their own statutes and legislation.

Article 16. Employers unions’ statute
(1) The statute of the shall mandatory contain:
a) the employers’ union name and legal form of organization, its headquarters and its branches;
b) employers unions activity and tasks;
c) the conditions of accession, exit and expulsion of members;
d) members rights and obligations;
e) the employers union’s structure, governing and control bodies, their functions and mandate, the decision-making process and the deliberative nature of meetings;
f) information on financial resources and initial property;
g) the procedure for adopting, amending and supplementing the statute;
h) the process of employers unions’ activity control;
i) the procedure for cessation of the employers union activity.

(2) The employers’ union statute may contain any other provisions not contrary to this law and other laws.

Article 17. Employers unions registration
(1) Employers unions acquire the status of legal entity upon their registration.
(2) Employers unions are registered by the Ministry of Justice.
(3) For the registration, employers unions shall present within a month from the date of the constituting meeting the following documents:
a) the application signed by the head of employers union;
b) employers unions statute in duplicate;
c) the minutes of the employers union constituting meeting;
d) the list of founders, which will specify for individuals - name, birth year, serial number and ID, address and signature, and for legal persons - name, address, registration number and date, signature;
e) the document confirming the premises;
f) bank document confirming payment of registration fee;
g) the document confirming the correct name of the employers union;
h) the registration statement on attributing a unique identification code for organizations.
(4) Changes and additions in the statute shall be recorded according to the procedure and terms stipulated by law.
(5) The document certifying the registration of the employers union is the registration certificate, the form of which is approved by the Ministry of Justice.

Article 18. The employers’ union registration decision
The Ministry of Justice shall adopt within one month from the date of submitting the documents, one of the following decisions:
a) to register the employers union and issue a registration certificate;
b) to refuse the registration.

Article 19. Refusal of registration
(1) The registration may be refused if:
a) the Ministry of Justice finds that the documents presented by the employers union contain misleading erroneous information or are executed in violation of this law;
b) an employers union has been previously registered with the same name;
c) the employers union’s purposes contravene with the existing legislation.
(2) The decision to refuse the registration of the employers union shall be notified to the applicant in writing within three days.
     (3) The decision to refuse the registration of the employers union within the time limit or for unfounded reasons can be appealed in the competent administrative court within 30 days from the date of its communication.
    [Art.19 of. (3) from 06/13/2003 amended by LP240, MO138/08.07.03 art.557]
(4) The refusal to register the employers union is not an obstacle for repeated submission of registration documents if the causes that served as basis for the refusal decision have been removed.
      (5) The repeated submission of documents for registration shall imply a new tax registration, except where the court annuls unfounded refusal of employers’ union registration.

Chapter IV
Employers unions’ rights and obligations 
Article 20. Employers unions’ rights
(1) Employers unions have the right to:
a) to represent, promote, support and protect the rights and interests of their members in relationships with public authorities, trade unions and other legal entities and individuals, both nationally and internationally under its own statute and this law;
b) to appoint their representatives to participate, under conditions agreed between the parties concerned, to negotiate and conclude collective agreements with public authorities and trade unions, as well as within the social dialogue within the tripartite structures under their own statutes, Moldovan legislation and international law;
c) to freely disseminate information on their activities, to establish their own mass media, to obtain information necessary from the public authorities for performing their statutory activity, to create, as required, territorial divisions, to create, as set forth by law, companies or participate as a founder, to their setting up;
d) to join international organizations, to establish cooperation relations in various aspects with similar employers unions from other countries, to participate in other activities which do not contravene to international obligations of the Republic of Moldova;
e) to benefit from other rights provided by applicable law or resulting from it.

Article 21. Employers unions’ obligations
(1) Employers unions are required to:
a) comply with the Constitution, legislation and their own status;
b) amend the constituent documents if the legislation amends or if these documents contradict the legislation;
c) report annually to the Ministry of Justice on the continuation of their work, indicating their name, location and governing body;
d) transfer to the budget pays and other taxes, in accordance with the law;
e) present the Ministry of Justice within 15 days, the information on employers unions’ premises, where it was changed.
(2) Failure to present within two years the information specified in par. (1) c), determines exclusion from the state register, according to the court decision at the request of the Ministry of Justice.

Chapter V.
The employers unions’ property. Keeping record and control.
Article 22. The employers unions’ property
(1) Employers unions may have in their property any assets necessary to achieve statutory goals.
(2) The sources of forming the property are:
a) membership fees and contributions;
b) donations, sponsorships;
c) income from business activity created by the employers union or with his participation conducted in accordance with the statutes of these companies and legislation;
d) participation fees for training courses and continuous training courses;
e) contributions for the activities of negotiating collective employment agreements;
f) other sources not prohibited by law.
(3) The sources specified in par. (2), shall be taxed according to the law.
(4) Employers unions property is used exclusively to achieve the statutory goals and can not be shared between members.
(5) The property and other material resources can not be used to support political parties and candidates in election campaigns.

Article 23. Employers unions economic and financial activity
Financial-economic activity is performed in accordance with employers unions’ own budgets.

Article 24. Keeping records and control the employers unions’ activity
(1) Employers unions shall keep records of the performed activity; submit accounting reports and statistics as required by law.
(2) Internal control and property management verification is carried out by the audit committee.
(3) The control of the employers’ unions’ financial activities shall be performed by financial and fiscal bodies as required by law.

Chapter VI
Employers unions’ activity cessation
Article 25. Employers unions’ activity cessation
(1) Employers unions shall cease their activity in case of:
a) reorganization;
b) liquidation.
(2) The cessation of employers unions’ activity shall be regulated by their statutes and by this law.

Article 26. Employers unions’ reorganization 
(1) Employers unions shall reorganize in the manner prescribed by their statutes.
(2) In case of reorganization, their heritage is transmitted to the newly established legal entities in the manner prescribed by the Civil Code. Employers unions cannot be reorganized in commercial organizations or political parties.

Article 27. Employers unions’ liquidation 
(1) Employers shall be liquidated by general assembly’s decision.
(2) Employers union may be also liquidated by court’s decision in case of infringement of the legislation, at the request of the prosecutor or the Ministry of Justice.
(3) The body that adopts the decision on liquidation shall establish a liquidation commission and determine the manner and time of property liquidation.
(4) The assets remaining after property liquidation and upon payment of all debts to creditors will be used according to the status and in the absence of such provisions, will be used to achieve statutory goals as established by decision on property liquidation. Employers’ union liquidated property can not be transmitted to commercial organizations, political parties or individuals.

Article 28. Employers union’s removal from the state register 
(1) In the event of ceasing its activity, to make the respective registration into the state register, the employers union shall present to the Ministry of Justice the following documents:
a) application on removal from the state register;
b) the registration certificate (original);
c) the document confirming full payment of all taxes to the state budget, issued by tax authorities;
    [Article 28's. (1), c) amended by LP448-XV of 30.12.2004, MO20-23/04.02.05 art.71] 
d) the constituent documents;
e) the act on destroying stamps issued by the body authorized by the police;
f) a copy of the opinion about the employers union’s liquidation, published in the Official Gazette of the Republic of Moldova.
(2) In the event of liquidation, the Ministry of Justice shall issue its decision on annulment of the employers union’s registration certificate and its removal from the state register.
(3) The decision on annulment of the employers union’s registration certificate and its removal from the state register shall be sent to its governing body, to respective fiscal and statistical bodies and published in the Official Gazette of the Republic of Moldova.

Chapter VII
Final provisions 
Article 29
(1) Employers unions that fall under the present law, registered before its entry into force within a year will bring their statutes in accordance with the provisions of the law. Moreover, employers unions shall maintain their right to the same name, mark, bank accounts and identifying elements, and the state registration certificate shall contain the constituting date. Employers unions that will not re-register their statutes within the deadline of this law shall be considered dissolved and will be removed from the state register by Ministry of Justice’s decision.
     (2) The Government, within six months, will bring its legislation in line with this law.