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

The Committee takes note of the communication by the International Trade Union Confederation (ITUC), dated 29 August 2008, referring to the need for specialized labour courts to improve the enforcement of labour legislation and the Government’s reply.

The Committee also takes note of the conclusions and recommendations reached by the Committee on Freedom of Association in Case No. 2509 (344th Report, paragraphs 1216–1248).

The Committee takes note of the report of the technical assistance mission to Romania which took place in May 2008 in the context of the follow-up to the conclusions reached by the Conference Committee on the Application of Standards in 2007.

The Committee notes with interest from the Government’s report that pursuant to the ILO mission, the social partners that are representative at the national level in Romania, as well as representatives of the Government, signed a memorandum in which they agreed to improve the legal framework on labour and social dialogue and to request specialized ILO technical assistance on the legislative texts concerning: the right to freedom of association for trade unions and employers’ organizations (Act No. 54/2003 which according to the Government, is currently under discussion before Parliament); collective agreements (Act No. 130/1996); and settlement of industrial disputes (Act No. 168/1999). These issues have been included in the 2008-09 Decent Work Agenda concerning Romania as a result of extensive consultations carried out between the Ministry of Labour, Family and Equal Opportunities and the representative social partners, as well as the ILO, on 8 and 17 July 2008. A tripartite working group has been set up in order to examine amendments to the abovementioned Acts. In this framework, all the issues previously raised by the Committee will be examined with a view to their resolution. During the International Labour Conference of 2008, a timetable has been adopted for the work of this working group. At present, the working group focuses on a draft bill to amend Act No. 130/1996 on trade unions.

The Committee recalls that the issues raised in its previous comments are the following:

–      the need to amend section 62 of Act No. 168/1999 on the settlement of labour disputes (according to which the management of a production unit may submit a dispute to an arbitration commission in the event that a strike has lasted for 20 days without any agreement being reached between the parties and its continuation would affect humanitarian interests) so that compulsory arbitration may only be imposed in essential services in the strict sense of the term and for public servants exercising authority in the name of the State;

–      the need for detailed information on the application of sections 55 and 56 of Act No. 168/1999 on the settlement of labour disputes (according to which 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 an irrevocable decision may be taken in this respect by the Court of Appeal) and 58–60 of the same law (under which, the management can request the Court to pronounce itself on the illegality of a strike and its ending by issuing an urgent ruling within three days), and to provide copies of decisions handed down under these provisions;

–      the need to continue to provide information on the application in practice of section 12(e) of Act No. 168/1999 on the settlement of labour disputes (according to which a conflict of interest can be declared in case the parties fail to reach agreement in the framework of the compulsory annual negotiations concerning wages, working hours, the work programme and work conditions), in the light of previous comments made by workers’ organizations on the distinction between conflicts of interests and conflicts of rights which is reportedly applied in practice in a selective manner and on a case by case basis, leading to uncertainty on whether trade unions will be able to exercise the right to strike in each case.

The Committee requests the Government to indicate in its next report the measures taken or contemplated to address the above issues and to provide the information requested by the Committee.

The Committee notes that in Case No. 2509 the Committee on Freedom of Association requested the Government to amend section 66(1) of Act No. 168/1999 on the Settlement of Labour Disputes – which requires that in case of strike in units of public transport one-third of the unit’s normal activity must be ensured – so as to allow for the minimum services in this sector to be negotiated by the social partners concerned rather than set by the legislation; in the absence of agreement between the parties, minimum services should be determined by an independent body. The Committee requests the Government to indicate measures taken or contemplated in this regard.

The Committee trusts that the Government will be in a position to report progress soon on all the issues raised above in the framework of the law reform currently under way, and encourages the Government to continue to avail itself of the technical assistance of the Office if it so wishes.

The Committee is also raising other matters in a request addressed directly to the Government.