Addressing of the Trade union by Mr. Victor Micu, president of the Superior Council of Magistracy Republic of Moldova
Mr. Victor Micu,
president of the Superior Council of Magistracy
of Republic of Moldova
Dear Mr. President,
Federation of the Trade Unions "SINDLEX" under the provisions of article 12 of Law No. 1129-XIV of 07.07.2000 unions and e), paragraph f) of Article 7 of the Statute of the Federation, represents and protects the economic, labor and social rights and professional interests collective and individual interests of its members in public authorities at all levels, in courts, in public associations in front of employers and their associations.
Considering that, according to art.349 of the Labour Code of the Republic of Moldova unions can be part of individual labor disputes and collective labor conflicts and the Federation of the Trade Unions “SINDLEX" regularly addresses the judiciary in order to restore the legitimate rights and interests of union members.
In most cases the employees, the union members and unions as part of individual disputes and of collective labor conflict, in accordance with the labor jurisdiction, disputes orders and instructions to employers on disciplinary sanctions, termination (and therefore the dismissal of employees) individual contracts employment and other issues, arising from labor relations, both individual as well as collective.
Often, the lawsuit claims were filed with the district court's center mun. Chişinău against the Moldovan Interior Ministry and the General Inspectorate of Police, the cancellation orders disciplinary and dismissal of police officers.
According to art.355, p. (3) of the Labour Code of Moldova court is obliged to summon the parties procedural dispute within 10 working days from the date of filing, and under par. (4) thereof, in terms of no more than 30 working days, issue a decision on the subject-work individual or collective labor conflict.
Analyzing applications so union members 'Demnitate' and the union leadership in Center district court, we find that in most cases there is delay in the deadline set in the CM RM art.355.
Considering the above, with a view to prevent future repetition of cases of delayed examination terms of shares deposited, taking into account that according to par. (4-5) art. 13 of the Law on State 544-XIII of 07.20.1995 judge judges may be subject to performance evaluation and extraordinarily if the court decisions adopted by them question their qualifications and professional skills assessed performance evaluation by the Board of Judges under this law, and Law No. 154 of 5 July 2012 on the selection, performance evaluation and career of judges and the Superior Council of Magistracy regulations in hopes of a respectful collaboration, we require your involvement and Council Supreme Judicial Republic of Moldova, in the issues addressed.
Respectfully,
president of the Federation "SINDLEX" Mihail Laşcu
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