Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Romania (Ratification: 1957)

The Committee notes the Government’s report and its reply to the comments made by the National Confederation of Trade Unions (CARTEL ALFA) of 15 November 2006 concerning the application of the Convention. The Committee also notes the debate which took place within the Conference Committee in June 2007 and particularly the fact that the Government accepted a technical assistance mission with regard to bringing its law and practice into conformity with the Convention.

The Committee notes the Government’s indication that on 19 July 2007, Parliament adopted Act No. 261/9 concerning the settlement of labour disputes, amending and supplementing Act No. 168/1999. The Government points out that a new clause (e) has been introduced into section 12, adding the words: “in case of divergence from the compulsory annual negotiations concerning wages, working hours, the programme of work and conditions of work”. Nevertheless, the Committee considers that this amendment is not sufficient to settle all the issues raised in its previous observation (with regard to the settlement of labour disputes – sections 55 to 62 – particularly section 62 concerning submission of a dispute to the arbitration commission when the strike lasts over 20 days) and direct request. In this regard, the Committee hopes that the technical assistance mission accepted by the Government will take place in the near future.

Moreover, the Committee requests the Government to communicate its observations, in the context of the regular reporting cycle, at the next session in November–December 2008, on issues connected with the legislation and the practical application of the Convention which are mentioned in its previous observation (see 2006 observation, 77th Session).