Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

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

The Committee takes note of the texts of the three basic Acts respecting labour adopted by the Romanian Parliament: Act No. 54 respecting trade unions of 1 August 1991, Act No. 13 on collective labour agreements of 8 February 1991, and Act No. 15 of 11 February 1991 on the settlement of collective labour disputes, as well as the text of the new Constitution of 8 December 1991.

It also notes the comments made by the World Confederation of Labour and the Cartel Alpha National Trade Union Federation, and asks the Government to reply to them.

The Committee notes with interest that the new texts referred to above, in conjunction with the repeal of several legislative provisions on which the Committee commented earlier, change the general orientation of the industrial relations system, establish trade union pluralism and the independence of the trade union movement, and recognise the principle of the workers' right to strike.

However, the Committee wishes to draw the Government's attention in a direct request to certain important aspects of the legislation including:

- the exclusion of certain categories of workers from the right to organise;

- the free election of union representatives, including for the conciliation process;

- the voting requirements for, and the objectives of, strikes;

- binding arbitration;

- financial liability of the organisers of a strike;

- restrictions and prohibitions of the right to strike, essential services and compensatory bargaining mechanisms; and

- provisions concerning the acquisition of legal personality.

Furthermore, the Committee would like to know whether legislation concerning the rights and obligations of employers and their organisations has been adopted or is being prepared.

The Committee also asks the Government to indicate whether the Act respecting the organisation of labour and labour discipline in State socialist units (Act No. 1/1970) has been repealed and, if so, to provide a copy of the text repealing it. If not, it asks the Government to take steps to repeal it.

Since the Government has not yet had time to reply to the comments of the World Confederation of Labour and the Cartel Alpha National Trade Union Confederation, the Committee will address these specific questions at its next meeting once it has examined the Government's observations.