Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee notes the Government's report.

Article 3 of the Convention. The Committee recalls that its previous comments referred to the need to amend or repeal the following provisions of Acts Nos. 15 and 54 concerning, respectively, the settlement of collective labour disputes and trade unions, in order to bring the legislation into full conformity with the Convention:

- sections 38 to 43 of Act No. 15 establishing a compulsory arbitration procedure which may be set in motion at the sole initiative of the Minister of Labour when a strike has lasted for more than 20 days and its continuation "is likely to affect the interests of the general economy";

- section 30 of Act No. 15 which provides that the Supreme Court of Justice may suspend the start or continuation of a strike for a maximum of 90 days if major interests of the national economy are affected;

- section 45(4) of Act No. 15 which requires at least one-third of the normal activities of essential services to be maintained in services which are not essential in the strict sense of the term;

- section 3 of Act No. 15 which defines collective labour disputes restrictively;

- section 47 of Act No. 15 which provides for heavy penalties (up to six months' imprisonment) if a strike is called in disregard of section 45(4) and others of the Act;

- section 13 of Act No. 15 which prohibits persons who have declared a strike without respecting the terms laid down by the Act from being elected as trade union delegates;

- sections 32(3) and 36(3) of Act No. 15 which establish the financial liability of strike organizers if they refuse to pursue negotiations during the strike, and similar liability if the conditions for starting or pursuing the strike have not been met;

- section 13(3) of Act No. 15 under which delegates of the workers can only be elected from among workers with three years' seniority in the unit or, if the unit has been in operation for less than three years, workers who have been in it since its foundation;

- section 9 of Act No. 54 which provides that only Romanian citizens employed in the production unit may be elected to trade union office.

The Committee notes with interest the information supplied by the Government in its report to the effect that tripartite consultations are being held on the legislative amendments to be made to take account of the Committee's comments, but that they have been suspended owing to an inter-union dispute. The Committee expresses the firm hope that the Government will examine carefully the observations in previous direct requests and that it will shortly take the necessary steps to bring its legislation into full conformity with the principles of freedom of association. The Committee asks the Government to keep it informed of any developments in this respect and reminds it that the ILO is at its disposal for technical assistance.

The Committee again asks the Government to provide the text repealing Act No. 1/1970 on labour organization and discipline in state socialist units.