Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee took note of the information contained in the Government’s report.

The Committee notes that several provisions of the new Act on the settlement of labour disputes, which came into force in January 2000, mention "representative trade unions" in connection with, for example, rights disputes (sections 10, 11, 14, 17, 18, 20, 22, 33) and strikes (sections 42, 45, 46). The Committee requests the Government to provide details on this concept and to indicate the existing legal definitions, if any, and their consequences in practice on the rights and obligations of the various types of trade unions.

The Committee notes that, under section 45(3) of that same Act, sympathy strikes cannot last more than one day. Recalling in this respect that workers should be able freely to take such action provided the initial strike they are supporting is itself lawful, the Committee requests the Government to provide it in its next reports with information on the application of this provision in practice.

The Committee further notes that section 15(2)(a) of Act No. 54/1991 concerning trade unions provides that, in order to be registered (and obtain legal personality), a trade union must file the minutes of its constitution, signed by at least 15 founding members. The Committee requests the Government to indicate, with examples, what are the provisions which allow the establishment of trade union sections in production units with a low number of workers.