Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Hours of Work (Industry) Convention, 1919 (No. 1) - Romania (Ratification: 1921)

Article 8 of the Convention and Part VI of the report form. Violations of the rules respecting hours of work and practical application of the Convention. The Committee notes with interest that, following the amendment of section 276 of the Labour Code by Emergency Ordinance No. 65 of 29 June 2005, failure to comply with the provisions of the Labour Code respecting the performance of overtime hours and weekly rest henceforth constitutes an infringement with a fine of between 1,500 and 3,000 lei. It also notes the Government’s indications that in 2007 labour inspectors inspected 90,677 economic entities in which 3,776,476 workers were employed, and that sanctions were imposed on 406 employers under this provision of the Labour Code. The Committee requests the Government to indicate the measures adopted or envisaged to extend the application of section 276(h) of the Labour Code to other cases of failure to comply with the provisions of the Labour Code respecting hours of work, as suggested by the Block of National Trade Unions in the observations that it made in 2004 on the application of the Convention. The Government is also requested to confirm that the amount of the fine indicated in section 276 of the Labour Code is expressed in Romanian new lei (RON) (i.e. a fine of between €400 and €800). Finally, the Committee requests the Government to continue providing information on the application of the Convention in practice, including information on the types of working time arrangements (for example, compressed work weeks, averaging of hours, etc.) used by employers, and the types of violations of the legal provisions respecting hours of work reported by the labour inspection services, and any remedial action taken.

The Committee is also addressing a request concerning a number of other points directly to the Government.