Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Administration Convention, 1978 (No. 150) - Romania (Ratification: 2008)

The Committee notes the Government’s first report as well as the observations made by the Bloc of National Trade Unions (BNS), received on 18 January 2011 and the Government’s reply thereto.

Article 1 of the Convention. Legislative and policy reforms affecting the labour administration system. The Committee notes that the Government has embarked on a set of reforms supported by the European Union (EU) and the International Monetary Fund (IMF), including austerity measures and measures aimed at implementing European legislative and policy requirements.

The Committee notes the Government’s indication, in response to the observations made by the BNS under the Labour Inspection Convention, 1947 (No. 81), that the reform of public administration, in conformity with the “National Reform Programme”, is a priority of the Government. It further notes that changes have been made to a number of laws, including the Labour Code, the Social Dialogue Act and other laws concerning or affecting the organization and functioning of the labour administration system.

As most of the laws that seem to have an effect on the labour administration system, are not available at the ILO, the Committee is not in a position to assess the conformity of these laws with the requirements of the Convention. The Committee requests the Government to provide copies of any laws concerning labour administration including the new Social Dialogue Act No. 62/2011; the Labour Code No. 53/2003 as revised by Act No. 40 of 2011; Act No. 108/1999 on the establishment and organization of labour inspection, as amended; DG No. 369/2009 on the establishment and functioning of social dialogue at central and territorial level of public administration, as amended; as well as information on the impact of these reforms on the labour administration system.

Please also provide the ILO with a copy of relevant documents such as the National Reform Programme for 2007–10, the National Strategy of Employment for 2004–10, and the National Pact for Employment and Social Stability, as well as any follow-up programmes or strategies.

Please also provide an organigramme of the labour administration system.

Article 5 of the Convention. Consultation, cooperation and negotiation between the public authorities and organizations of employers and workers. The Committee has already noted, under the Employment Policy Convention, 1964 (No. 122), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the existing provisions and procedures for consultation and cooperation with the social partners, including through tripartite social dialogue commissions and other tripartite bodies, such as the Economic and Social Council (CES), the National Commission for Employment Promotion, the National Employment Agency and the National Council for Adult Vocational Training.

The Committee also notes that the Government, in reply to the observations made by the BNS in January 2011 alleging the lack of involvement of the social partners in labour administration, refers to consultations with the social partners on legislative and policy reforms and to their membership in the Management Board of the National Employment Agency, the National Fund for Pensions and Social Security and the National Health Insurance Fund. The Committee also notes however, the observations made by the BNS under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), to the effect that the legislative framework for tripartite consultation is well designed, but in practice, the views of the social partners are ignored and bills are hastily promoted without genuine consultation. Further, it understands from the comments made by a representative of the CNS Cartel Alfa to the Conference Committee on the Application of Standards in June 2011 during the examination of the application by Romania of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), that there are conflicting views between the Government and the trade unions over legislative reforms, and particularly with regard to the level of consultation and the account taken of the views of the social partners in this framework. The Committee would be grateful if the Government would provide information on any future consultation with the social partners in the ongoing legislative and policy reforms. As the Government refers to the establishment of tripartite structures for the negotiation of particular problems (such as a plan on anti-crisis or austerity measures), the Committee would be grateful if the Government would provide further information in this regard, including on the relevant legal texts and any reports on the activities of these structures.

Articles 6 and 10. Impact of austerity measures on labour administration. The Committee notes the comments by the BNS received on 18 January 2011 under the Protection of Wages Convention, 1949 (No. 95); by the Democratic Trade Union Confederation of Romania (CSDR) received on 23 August 2010 under the Labour Inspection Convention, 1947 (No. 81); as well as by the International Trade Union Confederation (ITUC) received on 4 August under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). According to these comments, in the framework of the abovementioned reforms, budget cuts became effective on 1 June 2010, resulting in public sector wage cuts by 25 per cent.

The Committee would be grateful if the Government would specify the impact of the reforms on the conditions of service of the staff of the labour administration with regard to the requirements established in Article 10 of the Convention. If applicable, please also provide a copy of the amended version of Act No. 188/1999 on the status of civil servants.

The Committee further asks the Government to provide information on the budget allocated to the Ministry of Labour, Family and Social Protection and its subordinated and coordinated structures and institutions (in relation to the budget allocated in previous years and in proportion to the national budget).

Part III of the report form. The Committee asks the Government to provide, if applicable, and as requested under Part III of the report form, information on judicial decisions involving questions of principle relating to the application of the Convention and supply the text of these decisions.

Part IV of the report form. The Committee would be grateful if the Government would provide any reports, extracts of reports or other periodic information concerning the work of the principal labour administration services, for instance, the Ministry of Labour, Family and Social Protection, the National Employment Agency, the National Council for Adult Vocational Training, or any other national or local bodies involved in the formulation and implementation of labour policies or programmes.