Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes the texts of the three fundamental labour laws of 1991 adopted by the Romanian Parliament: Act No. 54 concerning trade unions, Act No. 13 concerning collective labour agreements and Act No. 15 concerning the settlement of collective labour disputes, and the new Constitution.

The Committee notes with interest that the new texts, and the repeal of several legislative provisions which had been the subject of its previous observations, change the general orientation of the industrial relations system, establish trade union pluralism and the independence of the trade union movement, and provide a number of protective measures for workers' representatives.

Article 1 of the Convention. The Committee notes, however, that section 11(3) of Act No. 54 restricts the specific protection granted to trade union officers under section 11(1) against the modification or termination of their contract of employment, by excluding persons who have been removed from trade union office "on the grounds of having infringed legal or statutory provisions".

The Committee considers that, in accordance with the principles of freedom of association, such a restriction should not be placed upon the activities of a trade union officer. It requests the Government to indicate in its next report the precise statutory or legal provisions in question.

Article 2. In addition, the Committee requests the Government to supply information on the measures that have been taken to afford workers' representatives facilities in the undertaking in order to enable them to carry out their functions promptly and efficiently in the light of the examples set out in Recommendation No. 143 (access to the workplace and the management of the enterprise, the posting of trade union notices, the distribution of news sheets and other trade union publications, etc.), as well as any administrative or judicial decisions relating to the effect given to the Convention in practice.

[The Government is asked to report in detail for the period ending 30 June 1992.]