Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Romania (Ratification: 1958)

The Committee takes note of the information provided in the Government’s report. It notes the adoption of Act No. 429/2003 amending the Constitution, Act No. 53/2003 on the new Labour Code and the new Act No. 54/2003 on trade unions. The Committee notes that Act No. 188/1999 on civil servants has been amended by Act No. 251/2004. The Committee notes that, according to the Government’s indications, the resumption of the discussions on the law of labour disputes and the laws related to labour courts is provided for in the new "Social Stability Pact for 2004" concluded between the social partners. The Committee requests the Government to keep it informed of any developments in this respect.

Articles 1 and 3 of the Convention. The Committee notes with interest that Act No. 54/2003 has broadened the protection against acts of anti-union discrimination in certain respects and that it completes Act No. 53/2003.

Articles 2 and 3. The Committee notes that section 221(2) of Act No. 53/2003 prohibits any interference on the part of the employer or employers’ organizations, either directly or through their representatives or members, in the establishment of trade unions or in the exercise of their rights. A similar protection is afforded under Act No. 54/2003. Further, section 235(3) of Act No. 53/2003 prohibits any interference on the part of the employees or trade unions, either directly or by trade unions’ representatives or members in the establishment of employers’ organizations or the exercise of their rights. The Committee requests the Government to indicate what are the applicable sanctions to any acts of interference.

Article 4. In its previous comments, the Committee had noted that Act No. 143/1997 amending Act No. 130/1996 on collective labour agreements limits negotiations on collective agreements to 60 days and it requested the Government to indicate the procedure adopted in the event negotiations would continue after the expiry of this time limit. The Committee notes that, in its report, the Government indicates that, when the negotiations exceed 60 days, they result, in accordance with section 68(c) of Act No. 168/1999 on the settlement of labour disputes, in a conflict of rights concerning "the finding of the cessation of the applicable collective labour contract", which should be settled by the courts in accordance with section 70. The Government adds that, when negotiations last more than 60 days, they may also result, in accordance with section 12 of Act No. 168/1999, in a conflict of interests. The Committee notes that, in case a conflict of interest arises, the union which is party to the conflict shall submit the matter for conciliation to the Ministry of Labour and Social Protection under section 17. Under section 26, if the conflict of interest has not been settled through conciliation, the parties can agree to submit the matter to mediation. Under section 32, at any point in time during the conflict of interest, the parties may agree to submit the matter to arbitration.

Article 6. The Committee notes that Act No. 188/1999 on civil servants has recently been amended by Act No. 251/2004. The Committee will examine whether the Act, as amended, raised any particular issue under the Convention once it has received its translation. The Committee recalls that, while public servants engaged in the administration of the State, that is, public servants who by their functions are directly employed by the administration of the State (for example, those employed in government ministries and other comparable bodies), can be excluded from the scope of the Convention, all other persons employed by the Government, by public enterprises or by autonomous public institutions, should benefit from the guarantees provided for in the Convention. The Committee therefore requests the Government to specify the manner in which public servants not engaged in the administration of the State are covered by the provisions of the Convention.