Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Observations of workers’ organizations. The Committee notes the Government’s reply to the comments made by the Block of National Trade Unions (BNS) in a communication dated 1 September 2010. Furthermore, it notes the Government’s observations on the comments submitted by: (1) the Federation of National Education (FEN) in a communication dated 25 May 2011; (2) the National Trade Union Confederation (CNS “Cartel Alfa”) jointly with the BNS in a communication received on 10 June 2011; (3) the International Trade Union Confederation (ITUC) in a communication dated 4 August 2011; (4) the ITUC in a communication dated 31 July 2012; and (5) the CNS “Cartel Alfa” in a communication received on 30 August 2012. It also notes the comments of the Confederation of Democratic Trade Unions of Romania (CSDR) submitted with the Government’s report dated 31 August 2012. The Committee requests the Government to provide more detailed information concerning the following matters raised by the workers’ organizations: non-resolution of the issue of division of trade union assets; procedures of registration of unions and modification of union statutes or executive committees lasting in practice several months; and procedures instituted by the National Agency for Integrity (ANI) against Bogdan Hossu, President of CNS “Cartel Alfa”.

Legislative matters. In its previous comments, the Committee had been commenting upon several sections of Act No. 168/1999 on the settlement of labour conflicts, Act No. 54/2003 on trade unions and the Labour Code. The Committee had noted the Government’s indication that these pieces of legislation were being revised. The Committee hoped that in the context of the abovementioned legislative review, due account would be taken of the need to amend the relevant provisions to ensure that: (1) minors have the right to join unions without parental authorization as soon as they are authorized to work; (2) all public servants with the sole possible exceptions found in Article 9 of the Convention, have the right to organize; (3) workers exercising more than one occupational activity have the right to establish and join more than one organization of their own choosing; (4) the procedure for registration is simplified and the requirement of prior approval for amendments to trade union by-laws is removed; (5) the circumstances and conditions under which the assets of a union may be subject to liquidation are brought into conformity with Convention; (6) the powers afforded to public authorities in terms of control over the economic and financial activity of unions are limited to the obligation of submitting periodic reports or cases of complaints; (7) compulsory arbitration may only be imposed in essential services in the strict sense of the term, for public servants exercising authority in the name of the State or in cases of national or local crisis; and (8) minimum services are negotiated by the social partners concerned and, in the absence of agreement between the parties, determined by an independent body.

The Committee notes that the Government indicates in its report that Act No. 62 of 2011 concerning Social Dialogue (Social Dialogue Act) abrogates Act No. 168 of 1999 on the settlement of labour disputes and Act No. 54 of 2003 on trade unions; and that Act No. 40 of 2011 substantially amends the Labour Code. The Committee notes with satisfaction that the following issues raised previously have been resolved through the adoption of the Social Dialogue Act: right of minors who are authorized to work to join unions without parental authorization (section 3(5)); right of workers exercising more than one occupational activity to establish and join more than one organization (section 3(4)); simplified union registration procedure and no prior authority approval for amendments to union by-laws (sections 14–20); no liquidation of union assets for debts payment to the State (sections 21–26); and compulsory arbitration only at the request of both parties (sections 179 and 180).

The Committee notes, however, that certain issues previously raised are still pending after the adoption of the Social Dialogue Act (denial of the right to organize to certain categories of public servants (section 4); excessive control of trade union finances (section 26(2)); and minimum services set by law (section 205)). The Committee also notes a number of additional discrepancies between the provisions of the Social Dialogue Act and the Convention in terms of scope of application (such as self-employed, apprentices, dismissed or retired workers), eligibility conditions for trade union officials, restriction of trade union activities (prohibition of activities with political character), etc.

In this respect, the Committee notes that the Government has recently benefitted from ILO technical assistance seeking to ensure the conformity with the Convention of a draft Emergency Ordinance which substantially amends the Social Dialogue Act. The Committee trusts that the Government will take due account of its comments in the context of this legislative review and that the new legislation will be in full conformity with the Convention. The Committee requests the Government to indicate in its next report any developments in this respect.

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