Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Romania (Ratification: 1992)

The Committee notes the observations of the Employers' Confederation of Romania (CONCORDIA), received on 1 September 2023. CONCORDIA refers to the letter sent by the Government to the ILO Director General supporting the request of the Workers’ group to place an item on the agenda of the 349th Session of the Governing Body (October-November 2023) for urgent discussion and decision on a referral to the International Court of Justice for an advisory opinion concerning the interpretation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) in relation to the right to strike. In this respect, CONCORDIA expresses its deep concern that the Government did not undertake effective consultations with the social partners on this important matter prior to sending its letter. CONCORDIA concludes that the Government failed to comply with the Convention and undermined its voice as the most representative employers’ organization and hindered tripartism in the country. The Committee requests the Government to respond to these observations in its next report.

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Articles 1 and 2 of the Convention. Procedures. The Committee notes the information provided in the Government’s report regarding the establishment of the Ministry of Public Consultation and Social Dialogue (MCPDS) in 2017, which took over the responsibilities of the Ministry of Labour in the area of regulation of social dialogue and monitoring of tripartite consultations in the institutional structures at the governmental, sectoral and local levels. The Government indicates that, in May 2017, the MCPDS held consultations with the social partners to modify the existing legislation on social dialogue and to improve tripartite consultation processes at all levels. It adds that, according to judicial decisions notified to the MCPDS, five trade unions and six employers’ confederations are recognized as representative organizations at the national level. The Government indicates that the Economic and Social Council (ESC), the tripartite body established for purposes of implementing the Convention, has not notified the Government or the National Tripartite Council for Social Dialogue (CNTDS) of any proposals for measures to improve the application of international labour standards ratified by Romania. The Government reports that, since 2012, the provisions of Act No. 62/2011 on social dialogue and Act No. 248/2013 on the functioning of the ESC were the subject of consultations within the CNTDS and at the level of the Ministry of Labour. In 2016, Act No. 62/2011 was amended by Parliamentary legislative initiative. In 2017, the MCPDS decided to resume consultations to achieve a consistent amendment of the social dialogue law. The Committee requests the Government to provide updated information in its next report on the status of the amendments proposed to the legislation regulating tripartite consultations, and to provide a copy of any amendments adopted. In addition, the Committee requests the Government to provide extracts of judicial decisions relevant to the application of the provisions of the Convention.

Article 4(2). Financing of training. The Committee notes that a series of European projects have been carried out in tripartite institutional cooperation with the Ministry of Labour and the Subordinated Agencies or autonomously by trade union and employers’ organizations, including training through exchanges of experience and the transfer of best practices on collective bargaining and management of new issues in the field of labour and employment. The Committee requests the Government to provide updated information on any arrangements made for the financing of the training of participants in the consultative procedures covered by the Convention, including information describing the timing and content of the training provided.

Article 5(1). Effective tripartite consultations. The Committee notes the ratification in November 2015 of the Maritime Labour Convention, 2006 (MLC, 2006), following tripartite consultations at the level of the Ministry of Transports, within the Tripartite National Maritime Committee. It also notes that, in 2016, a proposal to consider the ratification of the ILO Conventions on safety and health at work was also the subject of tripartite discussion, but no conclusion has yet been reached. The Government indicates that, between 2015 and 2017, the Ministry of Labour, in collaboration with the Social Dialogue Directorate, held annual meetings of trade unions and employers on the participation in the International Labour Conference in Geneva. The Committee requests the Government to provide detailed information on the content and outcome of the tripartite consultations held, particularly within the Economic and Social Council, on all matters relating to international labour standards referred to in Article 5(1) of the Convention.