Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Romania (Ratification: 1957)

The Committee notes the Government's report and the definitive conclusions adopted in Case No. 1492 by the Committee on Freedom of Association, based on the report of the ILO mission which visited Romania in April 1990 (272nd Report, May-June 1990). It also notes that an ILO technical advisory mission took place in August 1990.

With reference to its previous observations the Committee notes with satisfaction that: (1) the Legislative Decree of 28 December 1989 abolished the leading role of the Communist Party with regard to mass organisations, including trade unions; (2) that Legislative Decree No. 8 of 31 December 1989, by repealing several provisions of Act No. 52 of 1945 respecting occupational trade unions, and Legislative Decree No. 147 of 11 May 1990, by amending section 164 of the Labour Code and repealing sections 165 to 170 of the Code, introduced the possibility of trade union pluralism. This new legal context has permitted the emergence of eight central trade union organisations and many federations and first-level trade unions.

The Committee also notes that several Bills have been formulated - on trade unions, the settlement of labour disputes and collective bargaining - and that they were commented upon by the representatives of the Director-General during their missions to Romania.

While the Committee was in session the legislative texts on the settlement of labour disputes and collective bargaining were received by the Office. The Committee proposes examining them at its next session. The Committee would be grateful if the Government would supply a copy of the Bill on trade unions so that it can be examined before it is adopted.

The Committee recalls that the ILO is at the disposal of the Government to supply any assistance that is needed for the current revision of the legislation.