Observation (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Roumanie (Ratification: 1958)

The Committee notes the Government's report and the conclusions of the Committee on Freedom of Association in Case No. 1788, approved by the Governing Body at its 262nd Session in March-April 1995 concerning restrictions on collective bargaining by certain categories of railway workers and the need to ensure that draft legislation on collective bargaining and the resolution of collective disputes is designed fundamentally to promote the broader development and utilization of machinery for voluntary negotiation of collective agreements between employers and workers' organizations with a view to the regulation by this means of terms and conditions of employment. The Committee requests the Government to provide information in its next report on developments in the situation in this respect.

With regard to restrictions on the right of employers to collective bargaining under the terms of section 8(3) of Act No. 13 of 1991, which reserve the right to bargain collectively by chambers of commerce and industry, which are considered by Cartel Alfa not to be independent organizations truly representing employers, the Committee notes with interest the information provided by the Government to the effect that draft legislation on employers' organizations is currently being adopted and that section 1 of this legislation provides that employers' organizations are independent and apolitical. Section 6 of the above draft legislation defines employers' organizations as the representatives of employers for the negotiation and conclusion of collective labour agreements and other agreements with the authorities and workers' organizations. The Committee notes that section 8(3) of Act No. 13 of 1991 will be repealed as a result of the coming into force of the above draft text (section 20). The Committee requests the Government to provide a copy of the legislation as soon as it is adopted and to specify the minimum number of employers required to establish an organization.

The Committee is also addressing a direct request to the Government.