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

The Committee notes the information provided in the Government’s report, in particular the adoption of the new Labour Code (Act No. 154-XV of 28 March 2003).

Article 1 of the Convention. System of minimum wages. Further to its previous comments, the Committee notes the Government’s indication that Act No. 355-XVI of 23 December 2005 on the wage system in the budgetary sector prescribes the minimum monthly wage rate for category I of workers in the public sector at 400 lei (approximately US$35). It also notes that by virtue of the collective agreement (national level) No. 7 of 18 May 2007, the minimum wage rates are currently set at: 900 lei (approximately US$80) per month, or 5.33 lei (approximately US$0.47) per hour, for those in self-financing enterprises, with the exception of the agricultural and forestry sectors; 700 lei (approximately US$63) per month, or 4.15 lei (approximately US$0.37) per hour, for the agricultural and forestry sectors; and 550 lei per month (approximately US$49), or 3.26 lei (approximately US$0.29) per hour, for the auxiliary personnel in the agricultural sector.

Article 2(1). Appropriate penal or other sanctions. The Committee notes the information provided by the Government that by virtue of section 41 of the Code on Administrative Contraventions, as amended by Act No. 110-XVI of 2 June 2005, high-ranking officials are liable, in case of the violation of the labour legislation, to a fine ranging from 1,500 to 4,000 lei (from approximately US$133 to US$354). The Committee requests the Government to indicate the penal, monetary or other sanctions applicable in the event of infringement of the minimum wage legislation by persons other than high ranking officials.

Article 4(2) and (3). Full consultation and direct participation of employers’ and workers’ representatives. Further to its previous comment on this point, the Committee notes the Government’s indication that Title II of the new Labour Code provides for social partnership in the sphere of labour. In particular, it notes that under section 17 of the Labour Code, the basic principles of social partnership include, among others, equality of the parties and parity of representation of the parties. It further notes that under section 132 of the Labour Code, minimum monthly and hourly wage rates are established by the decision of the Government after consulting the employers’ and workers’ organizations. The Committee requests the Government to supply more concrete information on the manner in which the consultation process is carried out in practice.

Article 5 and Part V of the report form. The Committee would appreciate if the Government would supply up to date and documented information on the practical application of the Convention including, for instance, statistics on the number of workers remunerated at the minimum wage rate; copies of collective agreements establishing minimum wages for specific sectors of branches of economic activity; extracts from labour inspection reports showing the number of visits conducted, minimum wage-related contraventions observed and the sanctions imposed; copies of official studies or surveys addressing minimum wage issues, etc.