Parteneriatul social în sfera muncii: experiența Republicii Moldova și Georgiei
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349.2:331.34(478+479.22) (1)
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NICOLAESCU, Irina. Parteneriatul social în sfera muncii: experiența Republicii Moldova și Georgiei. In: Moldoscopie, 2015, nr. 3(70), pp. 116-126. ISSN 1812-2566.
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Moldoscopie
Numărul 3(70) / 2015 / ISSN 1812-2566 /ISSNe 2587-4063

Parteneriatul social în sfera muncii: experiența Republicii Moldova și Georgiei
CZU: 349.2:331.34(478+479.22)

Pag. 116-126

Nicolaescu Irina
 
Universitatea de Stat din Moldova
 
 
Disponibil în IBN: 2 noiembrie 2015


Rezumat

This article was elaborated on the base of research within the FP7 Pro-gramme Support Marie Curie (IRSES) “Possibilities and limits, challenges and obstacles of transferring CEE EU pre-accession best practices and experience to Moldova‟s and Georgia's pre-accession process”. The history of formation of social partnership and its role in the development and execution of tripartite ag-reements has been shaped earlier. The necessity to attract main social partners to discuss and settle significant problems relative to social life and establish-ment of tripartite structures (Government, entrepreneurs, trade unions) to achi-eve such goals, started to be perceived and realized both at national and inter-national levels at the beginning of the last century. Although the first attempts to solve labor conflicts through negotiations between employers and employees have been reported since the XIXth century, only after the World War One, along with the establishment of the International Labour Organization, one may talk about the genesis of the principles of social partnership and collective ne-gotiations as a means to solve problems specific to labour relations. Analysis of the Western experience, along with still insignificant experien-ce of the Republic of Moldova within social partnership, outlines that relations are evolving based on fundamental principles and norms, such as those proper for social and labour fields, on interaction between state bodies and civil socie-ty, as well as on universal principles, such as social equity. Social partnership is based solely on mutual recognition of equality among partners in deciding upon the steps and methods to be used to attain their common goal, while main-taining independence and non-interference in the affairs of the other partners. Such relations are built on trust, mutual respect and goodwill. Establishment of principles of social partnership in law does not necessari-ly imply their observance. For this purpose, social partners and society as a whole shall apply all reasonable efforts. In its practical activity, social partner-ship is being guided by the international standards and expresses itself through mutual consultations, discussions and taking of joint decisions. The Republic of Moldova, being a member of the ILO, follows the international labour stan-dards. Our country has already ratified several international conventions, deve-loped by the foregoing international body, quite important to the implementtati-on of social partnership in the Republic of Moldova. The Constitution of Georgia guarantees the right to form and join trade unions of one‟s choice. The Republic of Georgia has also ratified all ILO core conventions. The basic law governing labor relations is the Labor Code of Geo-rgia, a Soviet-era labor law that was amended by parliament in 1997, 2010 and 2013. The new law on Trade Unions, the Law on The Rules for the Regulation of Collective Labor Disputes, and the Law on Collective agreements are other relevant laws. The trade unions stance against corruption, wage arrears, and government‟s perceived violation of union rights (mainly through harassment and intimidation of unionists) led to an uneasy relationship between the two for quite a while. With regard to strengthening social dialogue in Georgia, the Tripartite So-cial Partnership Commission (TSPC) is operational to help government and so-cial partners in order to promote collective bargaining at the company and sec-tor levels. The Georgian trade unions are looking forward to the resumption of the work within the Tripartite Social Partnership Commission (TSPC). This is an important development, as it will give the social partners the opportunity to raise their concerns directly with the highest level of the government. Where the culture of dialogue among social partners already exists unions were readily invited to the discussions. In Georgia the unions requested for par-ticipation before they were invited to discussions.