Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information provided by the Government in its first reports. It requests it to provide information on the following points.

Articles 6 and 7 of the Convention. The Committee notes that the information provided by the Government relating to these Articles of the Convention only concern national workers who left the country to work abroad. It requests the Government to provide further information on any migration movement within the country and, where appropriate, to indicate the measures taken to encourage migrant workers working temporarily away from their homes, to transfer part of their wages and savings from the area of labour utilization to the area of labour supply. The Committee also notes Presidential Decree No. 140 of 18 July 1991 and Government Order No. 460 of 27 July 1993 introducing the minimum subsistence budget which, according to the Government’s report, is intended to ensure its citizens the minimum standard of living it considers acceptable, given the current level of development of national productive resources. It requests the Government to transmit copies of the above two legislative texts and to specify whether the minimum subsistence budget takes into account the specific situation of the persons referred to under Article 6 of the Convention.

Article 8, paragraph 3. The Committee notes that agreements concerning migrant workers have been concluded with the Russian Federation, Ukraine and the Republic of Belarus. It also notes that the member countries of the Community of Independent States have concluded an agreement on collaboration in the field of labour migration and social protection for migrant workers. The Committee notes the statement that, in accordance with these agreements, the entry and departure of migrant workers into and from the territory of the country of labour utilization, their placement and residence, the signature of individual labour contracts, the taxation of income from employment, the recognition of diplomas, studies, qualifications and seniority, as well as insurance and medical and social assistance are covered by the legislation of the area of labour utilization. The Committee would be grateful if the Government would transmit copies of all the bilateral and multilateral agreements to which it refers in its first report relating to migrant workers, and provide further information on the practical arrangements to facilitate the transfer of part of the migrant workers’ wages and savings to their homes.

Article 9. The Committee recalls that, according to the present Article, where workers and their families move from low-cost to higher-cost areas, account shall be taken of the increased cost of living resulting from the change. While noting the Government’s statement in its report that "such measures are not being implemented", it requests the Government to indicate the measures that it intends to take to give effect to these provisions.

Article 10, paragraphs 3-4. The Committee notes that the minimum wage is determined by the State, in accordance with section 11 of Act No. 847-XV of 14 February 2002 on remuneration, section 2(1) of Act No. 1432-XIV of 28 December 2000 respecting minimum wage fixing and adjustment machinery, and section 83 of the Labour Code. It also notes that section 13(3) of the Act on remuneration, section 2(4) of the Act respecting minimum wage fixing and adjustment machinery, and section 84 of the Labour Code provide that the minimum wage is compulsory for all enterprises, institutions and organizations, irrespective of the type of ownership, and cannot be abated by these institutions by virtue of either collective or individual labour contracts. The Committee notes that section 3 of the Act respecting minimum wage fixing and adjustment machinery provides that minimum wages shall be fixed and adjusted in consultation with employers’ and workers’ organizations, and that the need to adjust minimum wages shall be examined once a year. It notes that the minimum wage shall be based on the average consumer price index, the average national wage, GDP, labour productivity and the subsistence level. The Committee also notes the statement that Government Order No. 335 of 25 May 2001 fixes the national minimum wage at 100 lei per month for 160 hours of full-time employment, or 0.592 leu per hour, whereas Order No. 35 of 17 January 2001 provides for tripartite negotiations to determine rates by sectors through collective contracts. The Committee requests the Government to provide the Office with a copy of the above two Orders and to indicate the measures taken or envisaged to ensure that workers are aware of the minimum wage rates in force, for example by posting the applicable rules and notices at the workplace. Furthermore, the Committee requests the Government to indicate the measures taken to enable workers covered by minimum rates and who, since they became applicable, have been paid wages at less than these rates, to recover the amount by which they have been underpaid, in accordance with the provisions of this Article of the Convention.

Article 11, paragraphs 1 and 7. The Committee notes the information contained in the Government’s first two reports indicating the existence, in both the public and private sectors, of several cases of non-payment of wages, with arrears of two months or more, due to the difficult economic situation. It also notes that wage arrears are also reported in cases of the termination of individual employment contracts. Moreover, the Committee notes the Government’s statement that it is necessary to adopt additional measures to comply more fully with the requirements of the Convention regarding the payment of wages in kind. In this respect, the Committee wishes to refer to its previous observation made in the context of the Protection of Wages Convention, 1949 (No. 95) at the debate held in the Committee for the Application of Standards in June 2002 at the 90th Session of the International Labour Conference, and the recommendations adopted by the Governing Body in June 2000 following its examination of the representation made under article 24 of the ILO Constitution. It reiterates that the problems of wage arrears and the payment of wages in kind in the form of goods that are not in conformity with the Convention demand sustained efforts, a frank and continuous dialogue with the social partners, as well as a number of important measures in both law and practice, which ensure effective enforcement by means of labour inspection. The Committee therefore requests the Government to keep it informed of any measures taken and any progress achieved relating to the problem of wage arrears, the partial payment of wages in kind in the form of alcoholic beverages or tobacco or any other goods or services in violation of the Convention, and the reinforcement of methods of enforcing the legislation in this respect.

Article 12. The Committee notes the information contained in the Government’s second report indicating that the practice of wage advances does not exist. It notes, however, that section 132 of the Labour Code provides that deductions from employees’ wages for the payment of workers’ debts to the enterprise, institution or organization in which they are employed can be made on the basis of an order of the administration, in particular for the repayment of wage advances. The Committee therefore requests the Government to provide clarification on the situation in law and practice in the country in relation to wage advances.

Article 13. The Committee requests the Government to indicate the measures taken to encourage forms of voluntary thrift among wage earners and independent producers and to protect wage earners and independent producers against usury.

Articles 15, paragraph 3, and 16. The Committee notes the statistical data indicating the number of schools classified by educational category and the number of students being trained, as well as the information on the vocational training programme for the unemployed. It requests the Government to continue to provide information on the implementation of its policy in the field of education, vocational training and apprenticeships for young persons. It also requests it to indicate the measures taken to prohibit the employment of children below the compulsory school-leaving age during school hours, in areas where educational facilities are provided on a scale adequate for the majority of children of school age. Finally, the Committee requests the Government to provide information in its next report on the measures taken or envisaged to promote training in new production techniques, in consultation with employers’ and workers’ organizations.

Part V of the report form. The Committee would be grateful if the Government would continue to provide general information in future reports on the goals fixed, the progress achieved and the difficulties encountered in all the areas of social policy covered by the Convention.