Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 2 of the Convention. Coverage of atypical forms of dependent work. Section 211(1) of Law No. 95/2006 on the Reform in the Field of Health stipulates that all residents in Romania are subject to the social health insurance upon the payment of contributions. Section 213(1)(f) further provides that pregnant women and women who have recently given birth, who have no income or whose income is below the national minimum wage are covered by the social health insurance without paying contributions. The Committee would like the Government to explain, on the basis of appropriate statistics, how these provisions have permitted to extend in practice the protection provided by the Convention to women engaged in atypical forms of dependent work, including part-time, temporary and domestic women workers.

Article 4, paragraph 1. Minimum qualifying period necessary to benefit from maternity leave. With reference to its observation, the Committee notes that section 7 of Emergency Government Ordinance No. 148/2005 regarding the provision of Leave and Indemnities for Social Health Insurance establishes that the right to maternity leave and benefits is subject to a minimum contribution of one month in the last 12 months preceding the month for which maternity leave and benefits are granted. The Committee asks the Government to explain whether a woman who has not made the above minimum contribution of one month would still be granted the right to maternity leave, albeit without benefits.

Article 6, paragraphs 5 and 6. Social assistance. Taking into account the very broad coverage of the social health insurance (see Article 2 above), the Committee asks the Government to indicate what category of women workers that do not qualify for cash benefits under Emergency Government Ordinance No. 148/2005 receive cash benefits from social assistance funds. Please also indicate the amount of such benefits.

Article 8, paragraph 2. Employment protection. Section 50 of the Labour Code provides that the employment contract is suspended during the period of maternity leave and section 60(1)(d) obliges employers not to fire an employee while on maternity leave. The Committee asks the Government to confirm that read together, these provisions guarantee women on maternity leave the right to return to the same position occupied before their leave, or an equivalent position paid at the same rate, at the end of their maternity leave.

The Committee once again asks the Government to provide information on the manner in which effect is given to the Convention in practice including the statistical data on maternity and infant mortality rates in the country, the number of contraventions reported and the penalties imposed in the event of violations of the applicable rules respecting maternity protection (Part V of the report form) and discrimination on grounds of maternity (Article 9(1)).