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Persons Restored to Positions Face Workplace Discrimination

The Council for Preventing and Eliminating Discrimination and Ensuring Equality had recently issued two decisions which had found discrimination against persons restored in the workplace.

In cases 42/19 and 116/19, the complainants noted that, although employers had complied with the decisions of the courts regarding reinstatement, they had not kept their pledge to provide an equal salary for work of an equal type. The employers should have reinstated persons and provide them with a job similar to their previous one. As a result, persons reinstated in the workplace have been provided with lower salaries in comparison with their colleagues. From this perspective, the Council points out that when it comes to the terms of equal salary, a comparison is made between posts or professional occupations. Besides, several other aspects are taken into consideration, such as nature of the work (activity) performed, indispensable conditions of vocational training; working conditions, etc.

Investigating the cases, the Council did not find any reasonable and objective justification for the actions of employers. Consequently, it was determined that the facts revealed represent discrimination in employment, expressed by unequal salaries for the equal type of work. As a result, the Council recommended the institutions involved in the cases (Soroca Public Service Agency and the Municipal Enterprise of Capital Construction Management) to take all the necessary actions to provide the reinstatement of applicants’ rights by following observance of the principles of equal salary for the equal type of work.