Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Article 3 of the Convention. Right of workers’ organizations to elect their representatives in full freedom. Civil servants. In its previous comments, the Committee had drawn the Government’s attention to the need to amend section 29(3) of Act No. 188/1999 on the civil servant statute, which provides that high-level civil servants or civil servants with budgetary responsibilities are suspended if they choose to exercise activities in the management of a trade union. Noting from the Government’s report that no progress has been achieved, the Committee wishes to recall that there are cases where it is not necessary for the civil servant to be suspended and that, therefore, it would be more appropriate to leave such matters for consultation with the organizations concerned. The Committee reiterates once again the need to amend section 29(3) of Act 188/1999 to ensure that high-level civil servants or civil servants with budgetary responsibilities are not automatically suspended when they choose to exercise activities in the management of a trade union, and that the matter is the subject of consultations with the organizations concerned.

Eligibility conditions for trade union officers. In its previous comments, the Committee had raised concerns on a condition of eligibility set out in section 8 of the Social Dialogue Act (SDA) excluding “those who serve a sentence complementary to banning the right to hold an office or to perform an occupation of the same nature with those held when committed an offence”. The Committee notes the Government’s indication that the right of trade unions to freely choose their representatives is fully guaranteed by section 7 of the SDA. The Government emphasizes that the principles stated by the Committee are not applicable to section 8 of the SDA, which reiterates the criteria necessary for a person to exercise civil rights and obligations set out in sections 37, 38 and 43 of the Civil Code, including “18 years of age without a suspension of the exercise of rights”, and also refers to situations of complementary punishments prohibiting the exercise of certain rights, like the right to hold office. While taking due note of the information provided by the Government, the Committee requests it to indicate: (i) the list of offences that can lead to ineligibility for trade union office under section 8 of the SDA; (ii) if such ineligibility only applies for the duration of the sentence; and (iii) if minors who have reached the statutory minimum age for admission to employment can be elected as trade union officers.

Right of workers’ organizations to organize their activities and to formulate their programmes. In its previous comments, the Committee had requested the Government to take measures to amend section 205 of the Social Dialogue Act, which establishes minimum services by law, to allow for minimum services in the relevant sectors to be negotiated by the social partners concerned, and, in the absence of agreement, to be determined by an independent body. The Committee notes that no progress has been achieved in this regard. The Committee expects that the Government will take the necessary measures to amend section 205 of the Social Dialogue Act to allow for minimum services in the relevant sectors to be negotiated by the social partners concerned, and, in the absence of agreement, to be determined by an independent body.

With respect to the issue of wage payments to public servants on strike, the Committee notes the Government’s indication that provisions of section 30 of the Act No. 188/1999 are corroborated by provisions of sections 195 and 207 of the SDA (maintenance of health insurance right during the suspension), and that salary deductions during the strike may be imposed without infringing the principles related to the exercise of trade union freedom. The Government adds that it has no data on cases of suspension of service/individual employment contracts and non-payment of wage rights during a strike. The Committee recalls that the concern raised relates to the payment of wages by the public employer, and that in imposing the suspension of such payment for all strikes, the provision restricts the freedom of the public employer and the unions concerned to agree otherwise. The Committee thus invites the Government to amend section 30(2) of Act No. 188/1999 so that the suspension of wages of public servants on strike can be the subject of negotiation between the parties concerned.

The Committee trusts that the Government will be in a position to report progress in the near future on all the issues raised above.