Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 1) sur la durée du travail (industrie), 1919 - Roumanie (Ratification: 1921)

Article 2 of the Convention. The Committee notes that section 112, paragraph 1, of the new Labour Code of the Republic of Romania, promulgated by Law No. 53/2003, permits that for certain activities, units, or professions a daily work period exceeding eight hours may be established through individual bargaining.

The Committee recalls that limits to hours of work fixed by Article 2 of the Convention are obligatory and cannot be subject to alteration by contract. Exceptions from the standard eight-hour day are only permissible under certain circumstances in cases such as force majeure (Article 3), through collective agreements (Article 5) or regulations made by public authority (Article 6). The Committee therefore requests the Government to take the necessary action to bring the national legislation in line with these provisions of the Convention and to inform it on all steps taken to this end.

Article 8, paragraph 2. The Committee requests the Government to indicate whether it is an offence against the law to employ any person outside the hours fixed in accordance with Article 8, paragraph (a).

Part III of the report form. With regard to Article 5 of the Convention, the Committee requests the Government to communicate in its next report collective agreements regulating unequal distribution of working time issued under sections 112 and 113 of the Labour Code and, with regard to Article 6 of the Convention, to submit the specific pieces of legislation mentioned in section 112 of the Labour Code.

Part V of the report form. The Government is asked to provide information on the application of the Convention in practice, including extracts from labour inspections, indicating the number and nature of contraventions reported concerning the application of the Convention.

The Committee further notes the observations made by the Bloc National Syndical (BNS), concerning the application of the Convention in practice, which were transmitted to the Government. The Committee invites the Government to provide the Office with any comments it may deem useful, to enable the Committee to deal with the observations of the BNS at its next session.