Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes the Government’s reply to the comments made by the International Trade Union Confederation’s (ITUC) in a communication dated 24 August 2010 and to the comments made by the General Confederation of Industry of Romania (UGIR) in a communication dated 19 August 2010. The Committee further notes the comments made by the National Trade Union Confederation “CNS Cartel Alfa” in a communication dated 6 April 2010, indicating that Law No. 144/2007 (article 41, paragraph (1), point 35) provides that presidents, vice-presidents, secretaries and treasurers of trade union federations and confederations are obliged to publicly declare their wealth and grant the power to state bodies to verify such statements. The Committee finally notes the comments made by the Block of National Trade Unions (BNS) in a communication dated 1 September 2010. The Committee requests the Government to provide its observations on all these comments.

Draft labour legislation. In its previous comments, the Committee had noted that pursuant to an ILO mission, the social partners that are representative at the national level in Romania, as well as representatives of the Romanian Government, signed a memorandum in which they agreed to improve the legal framework on labour and social dialogue. In this regard, the Committee notes that the Government indicates that: (i) the elaboration of Act No. 168/1999 on the settlement of labour conflicts is part of the 2010 legislative schedule; (ii) Act No. 130/1996 on collective agreements and Act No. 54/2003 on trade unions will be debated within the social dialogue commissions from the Ministry of Labour, Family and Social Protection at the latest in December 2010; and (iii) the modification of Act No. 188/199 on the status of civil servants (with its amendments in Law No. 864/2006) was modified by Act No. 140/210 adopted by Parliament on 8 July 2010 but is currently under review.

In this regard, the Committee hopes that in the context of the revision of the abovementioned legislation, due account will be taken of the issues raised in its previous comments which read as follow:

–      the need to amend section 62 of Act No. 168/1999 on the settlement of labour disputes (according to which the management of a production unit may submit a dispute to an arbitration commission in the event that a strike has lasted for 20 days without any agreement being reached between the parties and its continuation would affect humanitarian interests) so that compulsory arbitration may only be imposed in essential services in the strict sense of the term and for public servants exercising authority in the name of the State;

–      the need for detailed information on the application of sections 55–56 of Act No. 168/1999 on the settlement of labour disputes (according to which the management of a production unit may demand the suspension of a strike, for a maximum period of 30 days, if it endangers the life or health of individuals, and an irrevocable decision may be taken in this respect by the Court of Appeal) and sections 58–60 of the same law (under which the management can request the court to pronounce itself on the illegality of a strike and its ending by issuing an urgent ruling within three days), and to provide copies of decisions handed down under these provisions;

–      the need to amend section 66(1) of Act No. 168/1999 on the Settlement of Labour Disputes – which requires that in case of strike in units of public transport one third of the unit’s normal activity must be ensured – so as to allow for the minimum services in this sector to be negotiated by the social partners concerned rather than set by the legislation; in the absence of agreement between the parties, minimum services should be determined by an independent body.

The Committee trusts that the Government will be in a position to report progress in the near future on all the issues raised above in the framework of the law reform currently under way, and encourages the Government to continue to avail itself of the technical assistance of the Office if it so wishes.

The Committee is raising other points in a request addressed directly to the Government.