Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee notes the information contained in the Government's report to the effect that it is awaiting proposals from the most representative workers' and employers' organizations with a view to amending Acts Nos. 15/1994 on the settlement of collective labour disputes and 54/1991 on trade unions. The Committee has also noted the report of the Committee on Freedom of Association in relation to Case No. 1788 (see 297th Report of the Committee on Freedom of Association), approved by the Governing Body at its March-April 1995 Session.

Article 3 of the Convention. The Committee recalls once again that its previous comments referred to the need to amend or repeal the following provisions of Acts Nos. 15 and 54 concerning, respectively, the settlement of collective labour disputes and trade unions, in order to bring the legislation into full conformity with the Convention:

- sections 38 and 43 of Act No. 15 establishing a compulsory arbitration procedure which may be set in motion at the sole initiative of the Minister of Labour when a strike has lasted for more than 20 days and its continuation "is likely to affect the interests of the general economy";

- section 30 of Act No. 15 which provides that the Supreme Court of Justice may suspend the start or continuation of a strike for a period of 90 days if it deems that major interests of the economy may be affected;

- section 47 of Act No. 15 which provides for heavy penalties (up to six months' imprisonment) if a strike is called in disregard of section 45(4) and others of the Act;

- section 13 of Act No. 15 which prohibits persons who have declared a strike without respecting the terms laid down by the Act from being elected as trade union delegates;

- sections 32(3) and 36(3) of Act No. 15 which establish the financial liability of strike organizers if the conditions for starting or pursuing the strike have not been met;

- section 13(3) of Act No. 15 under which delegates of the workers can only be elected from among workers with three years' seniority in the unit, or if the unit has been in operation for less than three years, workers who have been in it since its foundation;

- section 9 of Act No. 54 which provides that only Romanian citizens employed in the production unit may be elected to trade union office.

The Committee once again expresses the hope that the Government will take the necessary measures, in concertation with the social partners, to bring its legislation into full conformity with the Convention. The Committee asks the Government to keep it informed of any developments in this respects and reminds it that the ILO is at its disposal for technical assistance.

Furthermore, the Committee notes with interest the adoption of the Bill on the conclusion, execution, suspension and termination of an individual labour contract repealing Act No. 1/1970 on labour organization and discipline in state socialist units which has been the subject of comments for many years and requests the Government to send it a copy of the text.