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

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

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.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Repetition

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s report for the period ending 2014, the observations made by the Block of National Trade Unions (BNS) in September 2010 and the Government’s reply received in January 2011. The Committee also notes the adoption of Act No. 62/2011 on social dialogue and Act No. 248/2013 on the organization and operation of the Economic and Social Council. The Government indicates that the views, recommendations and proposals made by the Economic and Social Council, with a view to reinforcing the application of international labour standards and the action deemed necessary for the adoption, revision or ratification of those standards, are submitted for debate to the National Tripartite Council for Social Dialogue. The Government adds that the ratification of the Domestic Workers Convention, 2011 (No. 189), and of the Maritime Labour Convention, 2006 (MLC, 2006), have been submitted for examination by the authorities following consultations with the respective trade unions. The Committee invites the Government to provide more specific information on the content and outcome of the tripartite consultations held on matters relating to international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Tripartite consultations required by the Convention. Further to its previous comments, the Committee notes with interest the registration in November 2008 of the ratification of the Labour Administration Convention, 1978 (No. 150), and in October 2009 of the Social Security (Minimum Standards) Convention, 1952 (No. 102). In its report received in August 2010, the Government indicates that these ratifications have been the result of extensive tripartite consultation at national level. The report also contains brief information on the written communications with the social partners concerning international labour standards. The Committee requests the Government to provide detailed information in its future reports on the content and outcome of the tripartite consultations held, particularly within the Economic and Social Council, on the matters relating to international labour standards referred to in Article 5(1) of the Convention.

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

Tripartite consultations required by the Convention. In reply to the Committee’s direct request of 2006, the Government reports that the tripartite consultations addressing the ratification of the Social Security (Minimum Standards) Convention, 1952 (No. 102), have been held and that legislation has been drafted with a view to obtaining, in 2008, parliamentary approval of the ratification of Convention No. 102. The Committee hopes that the next report will contain updated information on the content and outcome of the tripartite consultations held, particularly in the Economic and Social Council, on the matters relating to international labour standards referred to in Article 5, paragraph 1, of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Tripartite consultations required by the Convention. The Committee notes the Government’s statement in its report received in September 2006 that the internal procedures to initiate the process of ratifying the Social Security (Minimum Standards) Convention, 1952 (No. 102), should start by the end of 2006. It notes that the procedures for the consultation of the social partners and the Economic and Social Council (CES), an independent tripartite body, are compulsory in the context of the formulation of laws and the ratification of international Conventions. It therefore requests the Government to continue providing detailed information on the content and outcome of the tripartite consultations held, particularly in social dialogue commissions and the CES, on each of the matters covered by Article 5, paragraph 1, of the Convention during the period covered by the next report.

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

Tripartite consultations required by the Convention. The Committee notes the information provided by the Government’s report received in September 2004 and the legislative amendments which occurred further to the consultations in the social dialogue commissions. It notes with interest that consultations were held on a possible ratification of Convention No. 102 and requests the Government to keep it informed of the follow-up to these consultations (Article 5, paragraph 1(c), of the Convention). The Committee invites the Government in general to continue to provide detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, during the period covered by the report.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the Government’s latest report on the application of the Convention. It notes with interest that in February 2001 all the trade union organizations and most employers’ organizations concluded a Social Pact for 2001 which includes, among the activities envisaged for 2001, the revision of the labour legislation and the ratification of certain ILO Conventions. A tripartite surveillance committee has been established to follow up the application of the Pact. The Committee also notes that the Government issued Order No. 314/2001 on the establishment, organization and operation of social dialogue commissions in ministries and prefectures. These commissions meet monthly in ministries and the participants include representatives of employers and workers and of other sectors of civil society. Please indicate whether the above commissions hold consultations on the matters covered by the Convention and, if so, provide information on the consultations held during the period covered by the above report and the results obtained.

2. Article 5, paragraph 1, of the Convention. The Committee notes the information contained in the Government’s report concerning paragraph 1(a), (b) and (d). It requests the Government to provide information on the content of the consultations held on the matters covered by the above subparagraphs during the period covered by the next report. With regard to subparagraphs (b) and (c), it notes that a first consultation meeting on the re-examination of unratified Conventions and Recommendations was held in October 1999 in the context of a special session of the Economic and Social Council (ECOSOC) devoted to the promotion and application of international labour standards. According to the Government, during the above session, the possibility was examined of ratifying certain Conventions and one of the results obtained was the ratification of Convention No. 182. A new round of tripartite consultations was organized at another meeting of the ECOSOC in April 2001 and the ratification of certain ILO Conventions currently continues to be the subject of tripartite consultations. Please indicate the Conventions for which the ratification is the subject of consultations during the period covered by the next report, and the results achieved.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's last report on the application of the Convention. It notes the statement that the Economic and Social Council (CES), which, as the Committee noted previously, has jurisdiction for compliance with obligations deriving from the Convention, began its activities in August 1998. The Committee also notes the brief indications on the consultations held in 1999 on issues concerning ILO activities covered by Article 5, paragraph 1, of the Convention. In this connection, the Committee would draw the Government's attention to the need to provide information which is as detailed as possible, to allow it better to assess the effect given to each provision of the Convention. It therefore trusts that in its next report the Government will provide full particulars of consultations held within the CES on the subjects set out in Article 5 of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee has noted the Government's report. It notes the enactment of the Law on the Organization and Functioning of the Economic and Social Council (CES) and, in this regard, observes with interest that the Council has the jurisdiction to fulfil the obligations emanating from the provisions of the Convention. It requests the Government to keep the Office informed of the Committee's work in helping to organize the CES, as provided for in the final provisions of the Law.

The Committee hopes that the Government will be able to provide more details in its next report of the measures taken to give effect in particular to the provisions of Articles 2 to 6 of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information of a general nature provided by the Government in reply to its previous comments. The Committee notes that a Bill submitted to Parliament envisages making the Economic and Social Council responsible for matters relating to the standard-setting activities of the ILO enumerated in Article 5, paragraph 1, of the Convention. It would be grateful if the Government would keep the Office informed of any development in this respect.

The Committee also notes that the principal representative organizations of workers were consulted in the process of ratifying the Abolition of Forced Labour Convention, 1957 (No. 105). It hopes that in future the representative organizations of employers will also be consulted and that the Government will provide full particulars on the consultations held not only on the matter covered by subparagraph (c) of Article 5, paragraph 1, of the Convention, but also on the matters covered by subparagraphs (a), (b), (d) and (e) of the same Article.

Furthermore, with reference to its previous direct request, the Committee would be grateful if the Government would provide information on the following points:

Article 2 of the Convention. The Government is requested to describe the procedures which ensure effective tripartite consultations with respect to the matters set out in Article 5, paragraph 1; to report the manner in which these procedures were determined; and to indicate whether any tripartite consultations took place for this purpose.

Article 3, paragraph 2. In its first report, the Government stated that representatives of employers and workers participating in the consultations covered by the Convention are selected by the most representative organizations. The Committee would be grateful if it would indicate the measures taken to ensure their representation on an equal footing for the purposes of these consultations.

Article 4, paragraph 2. The Government is requested to provide information, where appropriate, on any arrangements made with the representative organizations of employers and workers for the financing of the training of participants in the consultative procedures covered by the Convention.

Article 5. The Committee requests the Government to provide detailed information on the consultations held on each of the matters covered by paragraph 1, including information as to the frequency of such consultations and the nature of any reports or recommendations made as a result of the consultations.

Article 6. The Government is requested to indicate whether, as required by this provision, tripartite consultations have been held on the question of issuing an annual report on the working of the procedures provided for in this Convention. If so, please inform the Office of the results of these consultations.

Points III, IV, V and VI of the report form. The Committee would be grateful if the Government would supply the information required on each of the above points of the report form, and particularly if it would indicate any changes, progress or difficulties encountered in the application of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's first two reports. The first report indicated that tripartite consultations had been held within the context of the Office for Relations with Organizations of Workers and Employers and the Ministry of Labour and Social Protection on each of the matters enumerated in Article 5, paragraph 1, of the Convention, with the exception of proposals for the denunciation of ratified Conventions (point (e)).

The second report indicates the forthcoming establishment of an Economic and Social Council, the composition of which will be tripartite and which, among its other functions, will be responsible for receiving and examining denunciations by individuals and associations of cases of the non-observance of the social provisions of international treaties and Conventions, as well as for proposing appropriate solutions.

The Committee notes that this tripartite body will not have the competence to deal with matters relating to the standard-setting activities of the ILO, as they are enumerated in Article 5, paragraph 1, of the Convention.

It requests the Government to indicate in its next report whether the procedures for tripartite consultation relating to these matters will continue to be held under the responsibility of the Office referred to in the first report.

Furthermore, the Committee requests the Government to supply information on the following points, as requested in the report form:

Article 2 of the Convention. The Government is requested to describe the procedures which ensure effective tripartite consultations with respect to the matters set out in Article 5, paragraph 1; to report the manner in which these procedures were determined; and to indicate whether any tripartite consultations took place for this purpose.

Article 3, paragraph 2. In its first report, the Government stated that representatives of employers and workers participating in the consultations covered by the Convention are selected by the most representative organizations. The Committee would be grateful if it would indicate the measures taken to ensure their representation on an equal footing for the purposes of these consultations.

Article 4, paragraph 2. The Government is requested to provide information, where appropriate, on any arrangements made with the representative organizations of employers and workers for the financing of the training of participants in the consultative procedures covered by the Convention.

Article 5, paragraphs 1 and 2. The Committee particularly draws the Government's attention to the specific nature of the matters which should be covered by the tripartite consultations under the terms of the Convention. It emphasizes the duty of each State that has ratified the Convention to provide particulars to the ILO on the consultations held on each of these matters during the period covered by each report on the application of the Convention, including information as to the frequency of such consultations and the nature of any reports or recommendations made as a result of the consultations.

The Committee trusts that the Government will supply the information requested in each of its future reports.

Article 6. The Government is requested to indicate whether, as required by this provision, tripartite consultations have been held on the question of issuing an annual report on the working of the procedures provided for in this Convention. If so, please inform the Office of the results of these consultations.

Point V of the report form. In the light of the guidance given in the report form, please provide a general appreciation of the manner in which the Convention is applied.