Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee recalls its previous observation in which it examined issues related to the regular payment of salaries to teachers and the financing of the education system following comments made by the Democratic Trade Union Confederation of Romania (CSDR) and the Free Trade Union Federation in Education (FSLI). The Committee has been in receipt of new comments made by the same organizations denouncing the Government’s continued failure to implement statutory provisions concerning the level of public expenditure for education and also a series of practices that allegedly violate various pay entitlements of teachers and related personnel. These comments were transmitted to the Government on 23 May 2007 and the Government’s reply was received on 4 October 2007.

More specifically, as regards the financing of the education system, the CSDR and the FSLI indicate that, contrary to section 170(1) of Act No. 84/1995 on national education which provides that the budgetary resources allocated to education should reach 6 per cent of the GDP in 2007, the state budget for 2007 allocates only 5.2 per cent of the GDP to public education. Moreover, by Emergency Ordinance No. 88/2006 the Government has suspended the application of section 170(1) of Act No. 84/1995 until 31 December 2007. In addition, a draft legislative amendment, which was massively supported by a FSLI-initiated petition, for the allocation of at least 7 per cent of the GDP to public education, primarily through VAT revenue, has been approved by Parliament but has remained in abeyance for the last two years at the Senate.

With respect to the actual wage policy, the CSDR and the FSLI enumerate several wage supplements and allowances that the Government refuses to pay to teachers and auxiliary staff, such as the allowance paid to the heirs of deceased teaching personnel provided for in section 106(2) of Act No. 128/1997, the 15 per cent supplement for library staff provided for in section 51(3) of Act
No. 334/2002, and the allowances provided for in the single collective agreement for the education branch (e.g. the birth allowance, the 15 per cent wage supplement for those working in units located in socially and economically disadvantaged areas, and the wage benefit for leaving the profession at the age of retirement). The two organizations also allege that other entitlements, such as holiday pay or the cash compensation for work performed during periods of weekly rest, are often miscalculated or simply ignored. According to the two organizations, some of the teachers’ claims have given rise to judicial proceedings and favourable court decisions have already been obtained. Moreover, the CSDR and the FSLI state that the Government has not as yet fulfilled its obligation under the agreement of 28 November 2005 to prepare draft legislation on the remuneration of public employees and therefore the question of wage differential between teachers and other categories of public employees remains unaddressed. It is further pointed out that the Government ignores the minimum wage rate established under section 40 of the national collective agreement for 2007–10 (440 lei, or approximately US$186, per month for full-time employment of 170 hours) by fixing lower pay rates through Government Decision No. 1825/2006.

In its reply, the Government indicates, firstly, that the legislative amendment seeking to allocate 7 per cent of the GDP to public education was finally rejected by the Senate and the Government has no power to influence or otherwise intervene in decisions of the legislature. Secondly, as regards the payment of various wage supplements, the Government maintains that most of the claims are unfounded. For instance, teaching personnel are not civil servants, but contractual workers, and therefore they are not entitled to receive holiday pay. Similarly, library staff are considered auxiliary teaching personnel and, as such, enjoy a wage increase under Government Decision No. 281/1993 and Order No. 1350/2007, but they are not entitled to receive the 15 per cent supplement provided for under Act No. 334/2002. Thirdly, concerning the minimum wage, the Government states that the rate of 440 lei applies only to private sector employees and therefore employees of the budgetary sector are not directly concerned.

While noting the Government’s explanations, the Committee expresses its concern about the persistence of the controversy over pay conditions of education personnel. It would appreciate receiving full particulars on any progress made in implementing the 2005 agreement and settling the accumulate wage debt within the agreed time framework. It also asks the Government to indicate the measures taken in execution of recent court decisions ordering the recalculation or retroactive payment of certain benefits and indemnities to teachers.