Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2(1) of the Convention. Entitlement to weekly rest. The Committee notes with satisfaction that as it was suggested in its previous observation, Emergency Order No. 65/2005 introduces a new provision (section 276(1)(i)) into Act No. 53/2003 issuing the Labour Code, establishing that any breach of the legal provisions on weekly rest constitutes an offense punishable by a fine of 1,500 to 3,000 lei (i.e. approximately €400 to €800; provided that, as understood by the Committee these amounts are expressed in Romanian new lei). It also notes the statistics supplied by the Government for the period from 2005 to 2008 and notes, in particular, the increase in the number of employers sanctioned under the new provision of the Labour Code. The Committee recalls in this connection that fines must be set and periodically adjusted at a level that is really dissuasive and enables breaches of the legislation on weekly rest to be prevented effectively.

The Committee is also addressing a request concerning a number of other points directly to the Government.