Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report. It notes in particular the new Employers Act (No. 356), which came into force in July 2001 and the new bill on trade unions which has been submitted to parliament for approval.

The Committee notes with interest that the new bill on trade unions contains provisions that take into account several of the concerns expressed by the Committee in its previous comments concerning the former legislation, particularly:

-  the requirement of Romanian nationality in order to be eligible for trade union office (there is no such requirement in the new bill);

-  the requirement of a clean criminal record in order to be eligible for trade union office (modified in the new bill: convictions for acts the nature of which does not call into question the integrity of the person concerned and involves no risks for the performance of trade union duties are no longer grounds for ineligibility);

-  the requirements that candidates to trade union office must belong to the trade union and employed in the production unit (no such requirements in the new bill);

-  the possibility for workers performing more than one job in different activities or sectors to join the corresponding unions (the new bill allows membership of more than one union).

Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities and to formulate their programmes. In its previous comments, the Committee invited the Government to provide details and actual examples of the application of certain provisions of Act No. 168 on the settlement of labour disputes. The Committee notes that the Government’s report provides no reply to its previous comments, which read as follows:

-  Section 55 of Act No. 168 provides that 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 that an irrevocable decision may be taken in this respect by the Court of Appeal under the terms of section 56. The Committee again requests the Government to specify the criteria relating to "the life or health of individuals", by providing, where possible, actual examples of court decisions handed down under this provision.

-  Section 62(1) of Act No. 168 provides that the management of a production unit may submit a dispute to an arbitration commission where a strike has lasted for 20 days without agreement and being reached and to continue it would affect humanitarian interests. Emphasizing that it should not be up to the management of the production units to evaluate whether the continuation of a strike affects humanitarian interests, the Committee requests the Government to clarify the concept "humanitarian interests" by providing, where possible, actual examples of the application of this provision.

The Committee again requests the Government in its next report to provide information and practical examples of the application of the legislation on the settlement of labour disputes. It also asks the Government to provide a copy of the new bill on trade unions as soon as it is adopted.