Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the first report provided by the Government on the application of the Convention and would be grateful if it would provide the additional information necessary on the following points.

Article 4, paragraph 1, of the Convention. Minimum qualifying period necessary to benefit from maternity leave. The Committee notes from the Government’s report that, to benefit from maternity leave and maternity cash benefit, insured persons employed under a permanent contract must have completed a minimum of six months of social insurance contributions over the last 12 months prior to the day on which their leave begins, with this requirement being raised to 12 months out of the last 24 months in the case of insured persons employed under fixed-term contracts (section 98(2) and (3), in conjunction with section 118 of Act No. 19/2000 respecting the public pension system and other social insurance entitlements). The Committee recalls in this respect that the Convention does not allow the existence of such requirements with regard to the right to maternity leave. It would therefore be grateful if the Government would indicate in its next report the measures adopted or envisaged to give full effect to the Convention on this point.

Article 2. Scope of application as regards individuals. The Committee notes the organization of the maternity protection scheme in Romania, which is based on the existence of a number of legal texts, including the Labour Code of 2003, Emergency Ordinance No. 96 of 2003 respecting maternity protection at work, Act No. 19 of 2000 respecting the public pension system and other social insurance entitlements, Emergency Ordinance No. 150 of 2002 respecting the organization and functioning of the social insurance health system and Act No. 202 respecting equality of opportunity for men and women. As these various texts are however applicable to different categories of workers, it would be grateful if the Government would indicate in its next report the manner in which effect is given to the Convention with regard to part-time, temporary and domestic women workers. The Committee would also be grateful if the Government would indicate whether the annual minimum income threshold established in section 5 of Act No. 19 of 2000 respecting the public pension system and other social insurance entitlements is also applicable in respect of the right to leave of categories of women employees covered by the Convention. Furthermore, in view of the fact that Emergency Ordinance No. 96 of 2003, referred to above, is applicable to "women employees", while the other provisions referred to cover other categories of workers, the Committee would be grateful if the Government would provide, where appropriate, indications on the categories of women workers excluded from the scope of the above Emergency Ordinance.

Finally, the Committee notes the information provided by the Government concerning the number of women employed in atypical forms of dependent work for the period 2002-03, showing that a large proportion of the women in these atypical forms of dependent work are women workers engaged in shift work and that there has been a substantial increase in the number of women engaged in temporary work. In this respect, it requests the Government to provide statistical data on the total number of women employed in each economic sector in relation to those who are engaged in atypical forms of dependent work.

Article 3. The Committee notes the Government’s indication that legislative texts, before their adoption and entry into force, are debated either in the Economic and Social Council or in the various meetings in which the representatives of trade union confederations and employers’ representatives participate at the national level. It would be grateful if the Government would indicate whether, when determining and/or revising the hazardous activities determined by national regulations, consultations were indeed organized in this respect with the representative organizations of employers and workers.

Article 6, paragraphs 5 and 6. As the Government has not provided information on the right to benefit of women who do not meet the conditions to qualify for cash benefits, that is completing six or 12 months of contributions, as appropriate, the Committee would be grateful if it would indicate whether they are entitled to adequate benefits out of social assistance funds, subject to the means test which may be required for such benefits. The Committee also requests the Government to indicate whether the level of such benefits is established so as to ensure that the woman can maintain herself and her child in proper conditions of health and with a suitable standard of living. Please also indicate whether, in accordance with the provisions of the Convention, the conditions to qualify for cash benefits can be satisfied by a large majority of the women to whom the Convention applies.

Article 6, paragraph 7. The Committee notes the information provided by the Government concerning the organization and provision of medical benefits related to maternity and it requests the Government to provide statistical data with its next report on the different types of medical benefits provided and the rates of maternal and infant mortality in the country.

Article 8, paragraph 2. The Committee notes that, under the terms of section 50 of the Labour Code, the employment contract is suspended during the period of maternity leave. It requests the Government to indicate in its next report whether there are explicit provisions guaranteeing women on maternity leave the right to return to the same position occupied before their leave, or an equivalent position paid at the same rate, at the end of their maternity leave.

Article 9, paragraph 1. The Committee notes that, under Act No. 202 of 2002 respecting equality of opportunity between men and women, maternity shall not constitute a source of discrimination in relation to access to employment (except with regard to the types of work prohibited for pregnant and nursing women) and prohibits pregnancy tests for recruitment. It also notes that, in general, the principle of equality of opportunity between men and women applies in relation to employment. The Committee would be grateful if the Government would provide information concerning compliance with these provisions in practice and indicate the number of cases in which complaints have been based on discrimination on grounds of maternity, with an indication of the compensation and penalties imposed in cases of failure to comply with this principle.

Part V of the report form. The Committee notes the statistical data provided by the Government concerning the manner in which the Convention is applied in the country, and particularly the number of violations reported and the penalties imposed in the event of violations of Emergency Ordinance No. 96 of 2003 respecting maternity protection at the workplace. It notes that inspections carried out in enterprises led to labour inspectors taking 1,823 measures in relation to violations by employers between February and May 2004, or over a four-month period, and imposing 427 fines. The Committee would be grateful if the Government would continue in future to provide information on the manner in which effect is given to the Convention and it hopes that the Government will make every effort to ensure compliance with the Convention in both law and practice.