Texts of pending comments

The Committee notes the observations of the European Transport Workers’ Federation and the International Transport Workers’ Federation received on 29 July 2021 alleging violations of a collective labour agreement. The Committee requests the Government to provide its comments thereon.

The Committee also notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2021 concerning matters examined by the Committee in the present comment. It further notes the observations of the International Organisation of Employers (IOE) received on 8 September 2021 concerning the discussions that took place at the Conference Committee on the Application of Standards with respect to the application of the Convention.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

The Committee notes the discussion which took place in June 2021 in the Conference Committee on the Application of Standards (the Conference Committee) concerning the application of the Convention by Romania. The Committee observes that the Conference Committee, after noting that there were significant compliance issues regarding the Convention in law and practice with respect to the protection against anti-union discrimination and the promotion of collective bargaining, requested the Government to: (i) ensure adequate protection against acts of anti-union discrimination in law and practice in compliance with the Convention; (ii) collect detailed information on the number of cases of anti-union discrimination and employer interference brought to the various competent authorities; the average duration of the relevant proceedings and their outcome; how the burden of proof is applied in such cases affecting trade union officers as well as the sanctions and remedies applied in such cases; (iii) ensure, in law and practice, that collective bargaining with the representatives of non-unionized workers only takes place where there are no trade unions in place at the respective level; and (iv) amend the law so as to enable collective bargaining for public servants not engaged in the administration of the State in line with the Convention. The Conference Committee also requested the Government to: (i) provide information on all of the above points to the Committee of Experts before its next session in 2021; and (ii) accept an ILO technical advisory mission before the next International Labour Conference.

The Committee observes that in its report the Government essentially reiterates the information already provided to the Conference Committee.

Articles 1, 2 and 3 of the Convention. Effective protection against acts of anti-union discrimination and interference. In its previous comments, the Committee requested the Government to: (i) take measures to amend the legislation in order to guarantee that acts of anti-union discrimination are subject to specific and dissuasive sanctions; (ii) indicate how the burden of proof is placed in cases of allegations of anti-union discrimination affecting trade union officers; (iii) provide detailed statistical information on the number of cases of anti-union discrimination and employer interference brought to the various competent authorities, the average duration of the relevant proceedings and their outcome, as well as the sanctions and remedies applied in such cases; and (iv) ensure that anti-union practices, and in particular preventive measures, would be subject to tripartite discussions. The Committee notes that the Government indicates that, following consultations with the social partners, the Labour Code was amended in 2020 by Law 151/2020 to ensure a proper recognition of harassment, intimidation and victimization of employees and their representatives, including in the exercise of legitimate trade union rights and activities, with dissuasive sanctions applied effectively. It indicates that: (i) section 5, paragraph 2 of the Labour Code, as amended, explicitly prohibits direct or indirect discrimination based on membership or trade union activity; (ii) section 59(a) of the Labour Code was amended to explicitly prohibit dismissal based on trade union affiliation or activity; and (iii) section 260(1)(r) of the Labour Code, as amended, provides that non-compliance with the provisions of section 5, paragraphs (2)–(9), and of section 59(a) is sanctioned with fines between 1000 LEI and 20,000 LEI (equivalent to US$229 and 4,575 respectively). Regarding the burden of proof in cases of union discrimination against union leaders, the Government indicates that, as provided for in section 272 of the Labour Code, the burden of proof with regard to labour disputes rests with the employer. The Committee notes that in the ITUC’s view, section 260 of the Labour Code does not permit verification of the extent to which the legislation is effective and sufficiently dissuasive. The Committee also takes note of the Government’s indication that no fines were applied for violations of the law related to union membership or activity between January 2020 and April 2021. The Committee finally notes that, at the discussion held at the Conference Committee, the Government indicated that the Ministry of Justice manages the courts databases and that data is collected with a particular nomenclature that did not allow the Government to identify the type of statistical information requested by the Committee.

The Committee takes note of the information provided by the Government. As regards sanctions, the Committee recalls the importance of legislation prohibiting acts of anti-union discrimination to be accompanied by dissuasive sanctions and rapid and effective procedures. In this respect, the Committee considers that the amount of the fines established in the Labour Code might not be sufficiently dissuasive, particularly for large enterprises. The Committee also recalls that, with respect to anti-union dismissals the reinstatement with retroactive compensation constitutes, in the absence of preventive measures, the most effective remedy. The Committee finally recalls the importance of statistical information for the Government to fulfil its obligation to prevent, monitor and sanction acts of anti-union discrimination. Based on the above, the Committee requests the Government to: (i) take measures, after consultation with the representative social partners, to strengthen the existing sanctions in cases of anti-union discrimination in order to ensure their effectiveness and dissuasiveness, particularly for large enterprises; (ii) indicate whether reinstatement is an available remedy in cases of dismissal based on trade union affiliation or activity; and (iii) gather and communicate information on the number of cases of anti-union discrimination and employer interference brought to the various competent authorities, the average duration of the relevant proceedings and their outcome, as well as the sanctions and remedies applied in such cases. As mentioned in its previous comments, the Committee further requests the Government to ensure that anti-union practices, and in particular preventive measures in this respect, will be subject to tripartite discussions.

Article 4. Promotion of collective bargaining. The Committee notes that Case No. 3323 concerning, inter alia, allegations of shortcomings and gaps in the national legislation with respect to collective bargaining was examined by the Committee on Freedom of Association (CFA) (see 393rd Report, March 2021). The Committee notes that the CFA referred to it the legislative aspects of the case, related to issues that have been the subject of comments by this Committee since the adoption of the Social Dialogue Act (SDA) in 2011.

Collective bargaining at the company level. In its previous comments, against the background of a sharp decline in collective bargaining coverage in the country following the adoption of the SDA, the Committee noted that a number of aspects of the SDA and its implementation raised issues of compatibility with the Convention. The Committee noted in particular the high representativeness threshold required to negotiate at company level (50 per cent plus one of the workers of the company) and the fact that the SDA allowed elected workers’ representatives to bargain collectively for the totality of workers of the company. In its last comment, while noting the Government’s indication that, following a 2016 amendment to section 134.2 of the law, negotiation with elected workers’ representatives was now only possible in the absence of a trade union, the Committee had noted with concern the statistical data provided by the ITUC according to which 86 per cent of all collective agreements signed were by elected workers’ representatives and only 14 per cent by trade unions. On that basis, the Committee had requested the Government to amend the threshold applicable to negotiations at the company level so as to effectively promote collective bargaining, to clarify whether the negotiating powers granted to the elected workers’ representatives existed only when there is no trade union and to provide its comments on the statistics provided by the ITUC.

As regards the representativeness thresholds established by the legislation with respect to collective bargaining at the company level, the Committee notes that, in its replies to the CFA, the Government clarified that voluntary bargaining is not conditioned by the representativity of the organizations since minority unions have the right to bargain collectively based on mutual recognition and can conclude collective agreements applicable to members of the signatory parties. The Committee notes the ITUC observations in this respect, according to which, while the Government states that nothing prevents trade unions from negotiating for their members at the company level, given their lack of representativeness, the agreements reached have no erga omnes effect. With regard to the impact of negotiations conducted by elected workers’ representatives on the right to collective bargaining recognized by the Convention to trade unions, the Committee notes that the Government refers to a draft revision of the SDA currently being adopted but does not comment on the ITUC’s observations that the vast majority of company collective agreements were still signed by elected workers’ representatives to the detriment of trade unions. The Committee notes in this respect that, in its 2021 observations, the ITUC adds that: (i) while the Government states that collective bargaining through elected representatives is only possible in companies that do not have a representative union, the fact that the required representativeness threshold is 50 per cent plus one means in practice that in the majority of companies it is the elected representatives who negotiate instead of the unions who do not reach that threshold; (ii) elected representatives have concluded over 92 per cent of collective agreements in the private sector; and (iii) the procedure for electing representatives does not allow trade unions to present lists when they are affiliated to a federation at the branch level.

The Committee recalls that, under the terms of the Convention, collective bargaining with non-union actors should only be possible when there are no trade unions at the respective level. The Committee also recalls that, by virtue of Article 4 of the Convention, the Government has the obligation to effectively promote free and voluntary collective bargaining in a manner appropriate to national conditions. Expressing its concern at the persistent indications of a very low level of bargaining coverage and noting the recommendations of the Committee on Freedom of Association in Case No. 3323, the Committee requests the Government to take the necessary measures to promote collective bargaining between workers’ and employers’ organizations and to ensure that the existence of elected workers’ representatives is not used to undermine the position of the workers’ organizations concerned. In this regard, the Committee specifically requests the Government to: (i) specify how the mutual recognition between an employer and a minority trade union mentioned by the Government takes place in practice; (ii) provide information on the number of collective agreements concluded at the enterprise level, indicating those concluded by minority trade unions on behalf of their own members; (iii) clarify whether, under section 134(2) of the SDA, the negotiating powers granted to the elected workers’ representatives exist only when there is no trade union at the respective level; and (iv) take the necessary measures to ensure that agreements concluded with elected representatives prior to the 2016 amendment to the SDA do not have the effect of continuing to undermine the position of trade unions.

Collective bargaining at the sectoral and national levels. The Committee recalls that in its previous comments, it had taken note of the information from both the Government and the trade unions concerning the drastic decrease in the number of sectoral collective agreements following the changes introduced by the SDA. The Committee had therefore requested the Government to take the necessary measures to amend the representativeness thresholds so as to effectively promote collective bargaining at all levels. The Committee notes the absence of specific information from the Government in this respect. Taking due note of the conclusions and recommendations of the CFA in Case No. 3323, the Committee recalls once again that collective bargaining should be possible at all levels and that the Government has an obligation to ensure effective promotion of collective bargaining in a manner appropriate to national conditions. The Committee therefore reiterates its request to the Government to revise, in consultation with the representative social partners, the relevant thresholds and conditions in order to ensure that collective bargaining is effectively possible at all levels, including the sectoral and national levels. The Committee further requests the Government to provide information on the evolution of the number of collective agreements signed at the different levels above the enterprise level, as well as on the overall coverage of collective bargaining in the country.

The Committee notes that the Government indicates that the Parliament is in the process of adopting a draft law revising the SDA with proposals and amendments made by trade unions and employers in relation to representativeness and collective bargaining and recalls in that regard that the ITUC had previously indicated that trade unions had not been consulted on the proposed amendments. The Committee requests the Government to ensure that the mentioned reform has been duly consulted with the representative social partners and that its content will take on board the present comments in order to give full effect to the Convention. The Committee further trusts that the ILO technical advisory mission requested by the Conference Committee will take place before the next International Labour Conference and that it will be able to take note of the progress achieved in this respect.

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. Assessment of the gender pay gap and its underlying causes. In its previous comment, the Committee requested the Government to provide statistics on the earnings of women and men in employment and to indicate the measures taken to address the structural and underlying causes of the gender pay gap. The Committee notes that the Government’s report does not provide information in this regard. However, it notes that according to Eurostat statistics, the unadjusted gender pay gap on the basis of average gross hourly earnings was 5.2 per cent in 2016 (down from 9.7 per cent in 2012). Eurostat data also shows that the gender pay gap is higher in the public sector (9.9 per cent) than in the private sector (6.8 per cent). The Committee further notes that sectors where the gender pay gap is the highest are the financial and insurance sectors (29.2 per cent) and manufacturing sector (18.6 per cent); and that the gender pay gap is negative in the construction sector (-20.5 per cent). The Committee notes, from the document entitled “Women and Men: Work and Life Partnership” published by Romania’s National Institute of Statistics (NIS) in 2017, that in 2015, men’s average monthly gross earning was at 193 Romanian Leu (RON) (approx. US$50) above that of women, but that it varied greatly according to the sector of work (in construction, women earned RON404 ($100) more than men while in the financial activities they earned RON1,994 ($502) less than men). According to the NIS, the gender pay gap can partly be explained by the fact that women work fewer hours on average than their male counterparts, mostly due to maternity and maternal leave up to two years. The Committee also notes that, in its 2017 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), expressed concern about the high unemployment rate of women, especially in rural areas and among Roma women, and about the low participation of women in the private sector, especially at senior management positions (CEDAW/C/ROU/CO/7-8, paragraph 28). The Committee requests the Government to continue its efforts to lower the gender pay gap by addressing its structural and underlying causes, such as vertical and horizontal occupational job segregation and gender stereotypes on the role of women in the family. It once again requests the Government to indicate the steps taken or envisaged to achieve this objective and all measures taken to combat effectively the gender pay gap in sectors where it is particularly wide. The Committee also reiterates its requests to the Government to provide statistics on the earnings of women and men in employment, by occupational group and economic sector, and any research available on the evolution of the gender pay gap and its underlying causes.

Equal remuneration for work of equal value. Legislation. Public sector. The Committee recalls its previous comments in which it requested the Government to provide information on the application in practice of section 3(c) of the Framework Act No. 284/2010 on the unitary pay system for public sector employees, which provides that the salary system is based on the principle of equal remuneration for work of equal value. The Committee notes the Government’s indication, in its report, that following consultation and negotiation with the civil servants concerned, it has increased salaries in the public sector across the board through the adoption of a new salary law for public service employees in July 2017. Noting that the Government report is silent on this point, the Committee reiterates its request that the Government provide information on the application of section 3(c) of the Framework Act No. 284/2010 in practice, specifying the manner in which and by which public authority observance of this provision is ensured, as well as the procedure allowing public servants to assert their rights in the event of wage discrimination.

Article 2. Application of the principle by means of collective agreements. The Committee recalls that, Collective Agreement No. 710 for the automobile construction industry does not reflect the principle of equal remuneration for men and women for work of equal value, since it only provides for “equal salary for equal work between men and women”. It previously noted that the labour legislation providing for equal remuneration for work of equal value applies to all workers and employers whether they are covered or not by collective agreements and that under Law No. 62/2011 on social dialogue, terms of collective labour agreements may establish rights and obligations only within the limits and conditions provided by law (section 132(1)). The Committee requested the Government to provide information on the measures taken to encourage the social partners to reflect the concept of equal remuneration for work of equal value in sectoral collective agreements. The Committee notes that the Government’s response reiterates its previous statement that under section 132 of Law No. 62/2011, clauses of collective agreements which are contrary to the law are void. The Committee therefore observes that it remains unclear whether the Government has taken measures to encourage social partners to reflect the principle of the Convention in collective agreements. Consequently, the Committee once again requests the Government to provide information on the measures taken, or envisaged, to encourage social partners to reflect in sectoral collective agreements the principle of equal remuneration for work of equal value, including any training and awareness-raising measures among workers’ and employers’ organizations on the concept of “work of equal value”.

Articles 2 and 3. Determination of remuneration and objective job evaluation in the public sector. In its previous comments, the Committee noted that under the Framework Act No. 284/2010 on the unitary pay system for public sector employees, the basic wage scale is established on the basis of a job evaluation, according to the following criteria: knowledge and experience; complexity; creativity and diversity of activities; impact of decisions; influence; coordination and monitoring; contacts and communication; conditions of work; incompatibility; and special regimes. According to the Government, the system of remuneration establishes the actual remuneration of public servants with respect to the responsibility of the post, work done, quality and quantity of work, the social importance of the work, the concrete conditions of work, and results obtained, in addition to the aforementioned criteria. In its report, the Government merely refers to the 2017 salary increase in the public sector, failing to provide information on how it is ensured that the methods and criteria used and applied to determine remuneration in the public service are free from gender bias and do not result in undervaluing the jobs predominantly held by women in the public sector. Recalling that particular care must be taken to ensure that the method and criteria used for a job evaluation exercise are free from gender bias, the Committee emphasizes the importance of ensuring that the selection of criteria for comparison and their weighting and the actual comparison carried out are not discriminatory, either directly or indirectly, and do not undervalue or overlook skills considered to be “female”, such as those required in the caring professions, in comparison with skills traditionally considered to be “male”, such as technical skills (see 2012 General Survey on the fundamental Conventions, paragraph 701). Consequently, the Committee once again requests the Government to indicate whether the job evaluation methods and criteria selected to determine remuneration in the public sector are free from gender bias and do not result in undervaluing the jobs predominantly held by women in the public sector. The Committee also requests the Government to provide information on the access of male and female civil servants to additional benefits and to indicate how, and by which authority, complaints regarding discrimination in remuneration are addressed. Once again, please provide data on the distribution of men and women in the various posts and occupations of the public sector and their corresponding levels of earnings.

Awareness raising and enforcement. Noting the Government’s indication that labour inspections concerning equal opportunities and treatment between men and women are, in general, focused on prevention, the Committee had requested the Government to provide information on any training and awareness-raising activities provided to labour inspectors and judges regarding the principle of the Convention. The Committee notes that the Government merely reiterates that labour inspectors’ work does not focus on detecting violations of the principle of equal remuneration for work of equal value. It therefore stresses once again the importance of training labour inspectors to increase their capacity to prevent, detect and remedy cases of pay discrimination (see 2012 General Survey, paragraphs 872–876). The Committee therefore reiterates its requests to the Government to take measures to train labour inspectors, raise awareness of judges and promote and ensure application of the principle of equal remuneration for men and women for work of equal value through a range of proactive measures, in cooperation with workers, employers and their organizations. The Committee also once again requests the Government to provide information on any complaints regarding discrimination in remuneration dealt with by the courts and any cases reported to labour inspectors, including their outcomes.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Discrimination based on religion. Access to education, training and employment. The Committee notes, from the European Commission’s website, that a draft bill to amend the Romanian Education Law was filed on 2 December 2017 and received a positive advisory opinion from the Economic and Social Council on 9 January 2018. The bill proposes the following additions to section 7 of the Education Law: “for the purpose of facilitating the identification of persons in educational units, institutions and all spaces used for education and professional training, it is prohibited to cover one’s face with any material which make it difficult to recognize the face, except for medical reasons. Infringement of these provisions constitutes a reason to deny access to the perimeter of the educational units, institutions and spaces for education and professional training.” The sanction, introduced as an amendment to section 360(1) of the Education Law would be a fine ranging from 5,000 to 50,000 Romanian Leu (RON) (approximately €1,100 to €11,000). The Committee notes that, if adopted, this new provision will be discriminatory towards those Muslim women and girls who wear a full face veil in terms of their access to educational or training institutions and might therefore limit their opportunities to find and exercise employment in the future – for reasons associated with their religious convictions, contrary to the Convention. Noting that this provision of the draft bill may have a discriminatory effect towards Muslim women who wear a full-face veil in terms of their possibilities of finding and exercising employment, the Committee requests the Government to provide information on: how it is ensured that this provision of the draft bill will not have the effect of reducing the opportunities of girls and women to access education and finding employment in the future; (ii) the progress of the draft bill in the legislative process; and (iii) to supply information on the number of girls and women who might be affected by the implementation of this new provision.

Articles 1(2) and 4. Discrimination based on political opinion. Inherent requirements of the job. Activities prejudicial to the security of the State. For a number of years, the Committee has been drawing the Government’s attention to the fact that the restriction set by section 54(j) of Act No. 188/1999, which provides that “to hold public office a person shall meet the following conditions: ... (j) shall not have been carrying out an activity in the political police as defined by the law”, could amount to discrimination on the basis of political opinion because it applies broadly to the entire public service rather than to specific jobs, functions or tasks. In its previous report, the Government had explained that, in order to clarify the legal norm and remove any possible inconsistency with the Convention, it had proposed an amendment to the current text of section 54(j) of Act No. 188/1999 as follows: “… was not a worker of the Securitate or a collaborator thereof, as provided by specific legislation”. According to the Government, “specific legislation” refers to section 2 of Ordinance No. 24/2008 which defines an “employee of Securitate” and a “collaborator of Securitate”. While understanding the Government’s concerns regarding the requirement for all government unit members to be loyal to the State, the Committee had drawn attention to the fact that, for such measures not to be deemed discriminatory under Article 4 of the Convention relating to activities prejudicial to the security of the State, they must affect an individual on account of activities he or she is justifiably suspected or proven to have undertaken. These measures become discriminatory when taken simply by reason of membership to a particular group or community. They must refer to activities that are objectively prejudicial to the security of the State and the individual concerned must have the right to appeal to a competent body in accordance with national practice (see 2012 General Survey on the fundamental Conventions, paragraphs 832–835). The Committee therefore requested the Government to specify and define the functions in respect of which section 54(j) of Act No. 188/1999 would apply and to provide information on its application in practice. The Committee notes that the Government’s report does not contain any information in this regard. It notes, however, that the European Court of Human Rights (ECHR) (Naidin v. Romania, No. 38162/07) held that the barring of a former collaborator of the political police from public service employment was justified by the loyalty expected from all civil servants towards the democratic regime. In this regard, the Committee recalls that, under Article 1(2), political opinion may be taken into account as an inherent requirement of a particular position involving special responsibilities in relation to developing government policy, which is not the case of section 54(j) given that it applies to any state civil service position, whatever the level of responsibility. Further, the Committee recalls that the principle of proportionality must apply and that the exception under Article 4 should be interpreted strictly. The Committee urges the Government to take the necessary steps to amend section 54(j) of Act No. 188/1999 or to adopt other measures clearly stipulating and defining the functions to which this section applies. It also asks the Government to provide information on the application of section 54(j) of Act No. 188/1999 in practice, including information on the number of persons dismissed or whose application has been rejected pursuant to this section, the reasons for these decisions and the functions concerned, as well as information on the appeal procedure available to the affected persons and any appeals lodged and their results.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 2 of the Convention. National policy on equality of opportunity and treatment. Public sector. The Committee recalls that in its previous comments, it noted that the Government had submitted to the Ministry of Regional Development and Public Administration, a draft law amending and supplementing Law No. 7/2004 on the Code of Conduct, containing provisions “completing definitions associated to terminology used in the text of normative measures” such as “discrimination, harassment, sexual harassment, sex-based discrimination, ethical dilemma” and asked the Government to ensure that the amendments would contain clear definitions of discrimination and sexual harassment. The Committee notes, from the Ministry of Foreign Affair’s website that Law No. 7/2004 remains unchanged. It also notes that the Government’s report does not reply to its previous request to provide information on legislative and practical measures taken to promote equality and eliminate discrimination on any of the grounds enumerated in the Convention, other than sex and national extraction, nor on the measures taken to promote equality in the public service. The Committee recalls that, even though the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds in implementing the national policy (see the 2012 General Survey on the fundamental Conventions, paragraphs 848–849). The Committee therefore reiterates its request to the Government that it provide information on the legislative and practical measures taken at the national and local levels, including, for example, measures to combat stereotypes and prejudice and promote mutual tolerance, as well as information on the activities carried out by the National Council for Combating Discrimination (NCCD), to promote equality and eliminate discrimination on the basis of all of the grounds enumerated by the Convention, and not only on sex and national extraction. It requests the Government to provide information on the measures taken to promote equality of opportunity and treatment in the public service. Finally, the Committee asks the Government to indicate whether the current draft law amending and supplementing Law No. 7/2004 now contains comprehensive definitions of discrimination and sexual harassment (including both quid pro quo and hostile environment harassment) and to keep it informed as to the progress of the draft Law. The Government is asked to provide a copy of the Law once adopted.

Equality of opportunity and treatment between men and women. The Committee previously noted the higher proportion of women in the civil service compared to the private sector where their participation remained low and therefore asked the Government to provide information on the measures taken to increase women’s participation in the labour market. It also noted the objectives of the National Strategy for Boosting Employment 2014–20 (NSBE), (which include, job scholarships for women and measures to combat occupational gender stereotypes) and asked the Government to identify the measures taken under the NSBE and any assessment made and the results achieved. The Committee notes that, according to the Government’s report, the National Agency for Equal Opportunities between women and men (ANES) is responsible for the promotion of the principle of equality between women and men in all the public policies and national strategies adopted by the Government, for implementing gender mainstreaming at all levels and ensuring the implementation of Law No. 202/2002 on equal opportunities for women and men. The Government further indicates that it adopted the National Strategy in the field of equal opportunities for women and men (2014–17) and its General Plan of Action by Government Decision No. 1050/2014. Further, the Committee takes due note of the main measures of intervention taken by this National Strategy, including: gender mainstreaming in occupation, mobility and migration of labour force policies, raising awareness with regards to legal provisions on gender equality and equal opportunities, and supporting the insertion of more vulnerable women into the labour market. In addition, the Committee notes the Government’s indication that it has created a network of Gender Equality Experts responsible for proposing, developing and implementing public and local policies to ensure gender equality and evaluate their impact. It notes, however, that the Government does not identify the measures taken to operationalize the NSBE, nor does it provide information on the assessment of the measures taken so far. In this regard, the Committee wishes to stress that it is essential to assess the results and effectiveness of the measures taken, to ensure that the development of new programmes is informed by the difficulties and challenges encountered in the implementation of the previous ones. Finally, the Committee notes from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that it expressed concern over the high unemployment rate among women, especially in rural areas, and the low participation of women in the private sector, especially in senior management positions (CEDAW/C/ROU/CO/7-8, 24 July 2017, paragraph 28). The Committee once again asks the Government to provide information on the concrete steps taken to increase the participation of women in the labour market, including measures to address occupational gender segregation and combat gender stereotypes, and the measures taken to reconcile work and family responsibilities for both men and women workers, as well as any assessment made and the results achieved. The Committee asks that the Government provide information on the activities carried out, in the field of training and employment, by the National Committee on Equal Opportunities for Women and Men, the Department for Equal Opportunities between Men and Women and the ANES. It also asks the Government to provide further information on the activities carried out by the Gender Equality Experts network, as well as on their impact in ensuring gender equality in employment and opportunity. Please provide detailed statistics on the employment of women and men in the private and public sector, disaggregated by occupational category and job level.

Men and women workers with family responsibilities. With respect to clauses in collective agreements stipulating that certain provisions addressing work and family issues are only applicable to fathers when the child’s mother is deceased, the Committee notes the Government’s indication that non-compliant clauses of collective agreements are null and void and that collective agreements are periodically renegotiated and cannot be concluded for more than two years. The Committee notes, however, that it remains unclear from the Government’s reply whether collective agreements still contain provisions granting the right to shorter working hours or additional leave days to care for children to women workers only. The Committee therefore once again asks the Government to indicate if such discriminatory provisions can still be found in collective agreements and, if so, to provide its views concerning the compatibility of these clauses with the principle of equality of opportunity and treatment, and on whether any steps are being taken to ensure that arrangements and entitlements aimed at reconciling work and family responsibilities are available to both women and men on an equal footing.

Equality of opportunity and treatment of the Roma. Access to education, training and employment. In its previous comments, the Committee noted the persisting disparities in education and employment levels between Roma and non-Roma persons and requested that the Government to promote their participation in education and training at all levels and to ensure sufficient funding and adequate administrative coordination to further equal opportunities in employment among the Roma community. The Committee also noted the adoption of the Strategy on the Inclusion of Romanian Citizens belonging to the Roma minority for the period 2012–20 (2012–20 Strategy) pursuing the promotion of equal access and treatment in education, training and employment both in the public and the private sectors. The Committee notes that the Government’s report is silent in this regard. However, the Committee notes that in 2016 Order No. 6158 was adopted, introducing the action plan on school desegregation and that Framework Order No. 6134 was also adopted prohibiting school segregation in primary and secondary education on the following protected grounds: ethnic origin, mother tongue, disability and/or special educational needs, socio-economic status of the families, residence environment or educational achievement of the beneficiaries. Despite this progress, the Committee notes that according to the European Commission against Racism and Intolerance’s (ECRI) conclusions published on 16 May 2017, there is no mechanism in place that guarantees the accountability of local authorities to the central authorities in implementing the 2012–20 Strategy on Inclusion of Romanian Citizens. The Committee also notes that, in its concluding observations mentioned above (paragraph 26), the CEDAW remained concerned by the low enrolment, high drop-out and poor performance rates in Roma communities and that the United Nations Committee on the Rights of the Child, in its concluding observations, remained deeply concerned that Roma children continue to face discrimination with regard to access to education and employment (CRC/C/ROU/CO/5, 13 July 2017, paragraph 16). The Committee asks the Government to provide information both on the steps taken to implement Order No. 6158 and Framework Order No. 6134 and those envisaged to assess their effectiveness in addressing school segregation with respect to Roma pupils and to promote their participation in education and training at the various levels, including through school mediators. It further requests the Government to provide information on the measures taken or envisaged to guarantee accountability of local authorities with regard to the application of the 2012–20 Strategy. Noting the lack of information provided in this regard, the Committee once again asks the Government to ensure that there is sufficient funding and adequate administrative coordination to further equal opportunities in employment among the Roma community and asks the Government to provide information on the measures taken in this regard in collaboration with the social partners and representatives of this community – including within the framework of the 2012–20 Strategy. Recalling the Government’s past target of employing 10,000 Roma annually, the Committee once again reiterates its requests that the Government provide information on the underlying reasons behind the decline of persons from the Roma community entering employment each year.

Enforcement. The Committee previously observed that the Constitutional Court had issued a decision (No. 997/2008) declaring section 20(3) of Ordinance No. 137/2000 unconstitutional, thereby preventing the NCCD from determining cases where the alleged discrimination derives directly from the content of a legal provision. It therefore asked the Government to provide information on any further changes to legislation or court decisions that would affect the NCCD’s competency to examine cases relating to discrimination in employment and occupation, and to indicate how the protection of workers against discrimination is now enforced by the NCCD or the civil courts when discrimination derives directly from the content of discriminatory legal provisions. The Committee notes the Government’s statement that, in 2016 the labour inspectorate carried out 21,123 inspections and imposed 72 sanctions in relation to Law No. 202/2002 equal opportunities for women and men. It also notes, from the European Commission’s News Report dated 28 May 2018, that in 2017, the NCCD received a total of 652 petitions, among those, 273 were about access to employment and 51 on access to education. In relation to the petitions dealt with in 2017: the NCCD issued 65 fines, 51 warnings, 47 recommendations, and three decisions requiring that there was continued monitoring of the situation. In 40 cases, perpetrators were ordered to publish “briefs” of the NCCD decision in the media. The Government further states that national courts and the NCCD have jurisdiction to hear cases whereby discrimination is brought about by law but that they cannot cancel or refuse its application. The Committee observes, once again, that this appears to leave victims of discrimination without any protection in cases where the discrimination is triggered by the laws. The Committee once again asks the Government to clarify how workers are protected against discrimination when the discrimination derives directly from the content of discriminatory legal provisions. The Committee also asks the Government to continue to provide information on cases of discrimination either recorded or detected by the labour inspection services as well as specific information on any legal ruling relevant to issues of discrimination in employment or occupation on all of the protected grounds of the Convention.

Articles 1 and 2 of the Convention. Employment trends and active labour market policies. The Committee notes the Government’s indication that the overall employment rate for the active population (15–64 years) reached 66.0 per cent in the third quarter of 2020, showing an upward trend compared to 63.9 per cent in 2017. It also notes the persistently lower employment rates for women in 2017 (55.8 per cent for women compared to 71.8 per cent for men) and in the third quarter of 2020 (56.9 per cent for women compared to 74.9 per cent for men). The Committee notes that, according to ILOSTAT data, the overall unemployment rate in 2020 was 5 per cent (5.3 per cent for men and 4.7 per cent for women, respectively). The Government refers to the Human Capital Operational Program (HCOP) as an important tool for financing employment measures, structures in seven priority axes, including employment (axes 1, 2 and 3), social inclusion (axes 4 and 5), education (axis 6) and technical assistance (axis 7). The Government also indicates that Act No. 76/2002 on the unemployment insurance system and employment stimulation during the period 2016–18 was amended, with the aim of increasing employment opportunities for registered unemployed persons and jobseekers and stimulating employers to hire registered unemployed persons. The Committee notes that job subsides are provided to employers who offer employment opportunities to specific groups of workers, including new graduates, persons with disabilities, registered unemployed persons over the age of 45, long-term unemployed persons, young people in the NEET category (not in employment, education or training), youth at risk of social marginalization and unemployed single parents. The Committee requests the Government to continue providing updated detailed information on general employment trends, including statistical data disaggregated by sex and age. It further requests the Government to continue providing information on the impact of its employment policy measures in terms of the creation of productive employment and decent jobs, job creation, particularly for specific groups such as women, youth at risk of social marginalization, persons with disabilities, older workers and the long-term unemployed.

Youth employment. The Committee notes that the unemployment rate of youth (15–24 years) stood at 18.3 per cent in 2017, rising to 19.2 per cent in the third quarter of 2020. Moreover, according to the 2020 European Commission Country Report for Romania (SWD (2020) 522 final), in 2018 the percentage of young people not in education, employment or training (NEET) was one of the highest in the European Union, with three times as many NEETs among the young rural resident population (15–24) compared to those living in urban areas. The Government indicates that, as part of its efforts to support the labour market integration of young persons, particularly those in the NEET category, the Ministry of Labour and Social Justice elaborated the Youth Guarantee Implementation Plan 2017–2020. The Government also reports that it approved a draft Youth Law on 5 July 2018 which was sent to Parliament. The Committee requests the Government to continue providing updated detailed information, including statistical data disaggregated by age, sex and rural/urban areas on the nature and impact of the measures taken to facilitate lasting employment opportunities for young people, especially those classified as NEETs. It also requests the Government to provide information on progress made regarding the adoption of the new Youth Law, and to provide a copy once adopted.

Roma minority. The Committee notes the Government’s reference to the Strategy for the Inclusion of Romanian citizens belonging to the Roma Minority 2012–2020 as well as to axes 4 and 5 of the HCOP, which focus on reducing social exclusion. The Government indicates that the National Agency for Employment is responsible for implementing measures taken to attain the employment objectives, based on annual employment programs. Measures taken include the provision of information on employment services in communities with large numbers of Roma, allocation of territorial budgets, job exchanges and development of collaboration with Roma representatives. The Committee notes that the Government exceeded its target of providing employment to 5,385 members of the Roma community in 2015, with 6,295 Roma being placed in employment; however, the targets set for 2016 and 2017 were not fully achieved. The Committee requests the Government to continue to provide updated detailed information, including statistical data disaggregated by sex and age, on the nature and impact of the measures taken to promote access to lasting employment and decent work for members of the Roma community.

Article 3. Participation of the social partners in the formulation and implementation of policies. The Committee previously requested the Government to provide specific examples of how the social partners are effectively consulted and participate in decision making on the matters covered by the Convention. In this respect, the Committee notes the Government’s reference to the development of the Youth Guarantee Implementation Plan, indicating that the social partners were consulted during this process. The Government also indicates that social partners and non-governmental organizations play an important role in the implementation of various programmes and projects related to employment, promotion of youth-related initiatives, training ventures, job placement, apprenticeship and traineeship programmes. The Committee further notes that the National Employment Program, developed each year by the National Agency for Employment since 2002, is formulated on the basis of proposals from the county employment agencies and the Bucharest Municipality Agency, taking into account the economic and social situation at the territorial level and the strategic targets in the programmatic documents adopted at national level. The Government indicates that the National Employment Program targets specific groups that encounter difficulty in accessing the labour market, such as members of the Roma community, persons with disabilities, young persons covered by the child protection system, foreigners, refugees and beneficiaries of other forms of international protection, persons who have executed custodial sentences and victims of trafficking. The Committee requests the Government to provide updated information on the manner in which the social partners are effectively consulted and participate in the development of the National Employment Programme each year. It also requests the Government to provide information on the measures taken or envisaged to ensure that these consultations include representatives of other segments of the economically active population, including representatives of the Roma community, persons with disabilities, women and young persons, as well as of persons working in informal economy.

The Committee is raising other matters in a request addressed directly to the Government.

Article 2 of the Convention. Employment programmes. Education and training policies. The Committee notes the Government’s reference to the National Vocational Training Plan. The Government indicates that the organization of vocational training for jobseekers takes into account the momentum and perspective of the labour market, as well as the individual options and aptitudes of the person concerned. The Government also indicates that the apprenticeship and appraisal arrangements have been included in the National Vocational Training Programme since 2014. Moreover, the National Employment Agency submits to the Ministry of Labour and Social Justice a monthly report on the situation of the vocational training, appraisal and apprenticeship programmes. The Committee notes the statistic information provided by the Government on the implementation of the Plan. As of 31 July 2018, 7,014 persons belonging to disadvantaged groups have benefited from vocational training, including 1,248 long-term unemployed persons, 5,481 unemployed persons from rural areas, 11 unemployed persons with disabilities, 145 unemployed members of the Roma community, 22 persons released from detention and 107 persons released in detention. The Committee also notes that, according to the report on the status of implementation of the national vocational training plan for 2020, there were 10,391 beneficiaries, including 7281 unemployed persons and 22 persons of other categories who received vocational training, and 3088 persons who obtained apprenticeship contracts. The Committee requests the Government to continue providing detailed information, including disaggregated statistical data, on the impact of its education and training policies and programmes in terms of job opportunities created, particularly for the unemployed, young persons, members of the Roma community minority and other vulnerable groups.

Promotion of small and medium-sized enterprises (SME). The Committee notes the Government’s indication that the Department for SME Business and Tourism Measures provides incentives to encourage young entrepreneurs to develop micro enterprises, leading to the establishment of 15,253 micro enterprises and the creation of 8,576 new jobs. The Committee requests the Government to continue providing information on the measures taken to support the creation of small and medium-sized enterprises and on their impact in terms of stimulating employment and creation of decent jobs.

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006), received after an urgent appeal formulated by the Committee in 2020. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014, 2016 and 2018 entered into force for Romania on 18 January 2017, 8 January 2019 and 26 December 2020 respectively. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and on 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue. In this regard, the Committee further notes that according to the “Measures adopted and enforced by the Romanian authorities with respect to COVID-19”, as communicated to the European Commission and the European Maritime Safety Authority, in March 2020, the crews of the ships calling at Romanian maritime ports remain isolated on board (they do not receive shore passes), regardless of the risk area from which they come. The Committee recalls that in its 2020 general observation it requested ratifying countries with responsibilities as port States to adopt the necessary measures to fully comply with their obligations under the Convention. In particular, the Committee called upon governments with port State responsibilities to allow seafarers to enjoy their right to shore leave in accordance with Regulation 2.4, paragraph 2, subject to the strict respect of any public health measures applicable to the local population. The Committee accordingly requests the Government to adopt without delay the necessary measures to bring all relevant legislation in full compliance with the Convention and to allow seafarers of the ships calling at Romanian ports to enjoy their right to shore leave.

General questions on application. Implementing measures. The Committee notes the Government’s indications that it is currently in the process of adopting Implementing Rules intended to give effect to the requirements of the Convention.

Observing that the Convention was ratified in 2015 and that the Government has still not adopted the required legislation, the Committee requests the Government to adopt without delay the necessary measures to fully implement the requirements of the Convention taking into account the points raised below. The Committee further requests the Government to clarify whether the Draft Implementing Rules have been elaborated after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee reminds the Government that it may avail itself of the technical assistance of the Office.

Regulation 1.2 and Standard A1.2, paragraph 2. Medical certificate. The Committee notes the Government’s indication that, according to the Draft Implementing Rules, section 10(7), a Governmental Ordinance issued by the Minister of Transport and Infrastructure (MTI) shall establish the nature of the medical examination and the form and content of medical certificate, after consultations with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to adopt the necessary measures to give effect to Regulation 1.2 and Standard A1.2, paragraph 2 and to provide a copy of this Ordinance once adopted.

Regulation 1.2 and Standard A1.2, paragraph 7. Medical certificate. Period of validity. The Committee notes the Government’s reference to Order No. 1260/2013 for the approval of the Methodological Norms on the Medical and Psychological Examination of the Personnel with duties in Transport Safety and the Periodicity of the Examination. The Committee notes that section 6(2) foresees that the validity of the medical and psychological endorsements for the maritime and railway transport for vocational training shall not exceed two years. The Committee notes that this provision applies for vocational training staff only. The Committee further notes that section 2 of the same Order prescribes periodical check-ups by age group for the staff assigned to tasks with responsibilities in transport safety. The Committee recalls that periodical examination to renew the medical certificate shall be conducted for all seafarers under the meaning of the Convention and not only for the staff with responsibilities in transport safety. The Committee consequently requests the Government to adopt the necessary measures to implement the requirements of Standard A1.2, paragraph 7(a) regarding the maximum period of validity of certificates. Noting that no information has been provided regarding the validity of the colour vision certificate, the Committee accordingly requests the Government to clarify how it applies the requirement of Standard A1.2, paragraph 7(b).

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s reference to the provisions of the Decision No. 83/2003 of 23/01/2003 on the authorization of companies that provide services for the selection and placement of Romanian maritime or river navigation personnel on ships flying the Romanian or foreign flag as well as to the Draft Implementing Rules, giving effect to a large number of the requirements of the Regulation 1.4 and the Code. The Committee has not identified, however, provisions implementing the requirements of Standard A1.4, paragraph 5(a) (prohibition of seafarers’ blacklisting). The Committee accordingly requests the Government to indicate how it gives effect to this requirement of the Convention. Noting the Government’s indication that Decision No. 83/2003 will be abrogated upon entry into force of the Draft Implementing Rules, the Committee requests the Government to provide a copy of the new legislation that will be applicable to recruitment and placement services.

Regulation 1.4 and Standard A1.4, Paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes the Government’s indication that, according to the Draft Implementing Rules, section 15 the crewing agencies must submit a copy of the financial security assurance concluded by the shipowner for ships which are recruiting seafarers from crewing agencies, covering repatriation and financial loss of seafarers, by fault of the shipowner not having fulfilled its obligations, by virtue of the labour contract. The Committee further notes that section 16 of the same Draft Implementing Rules foresees that financial security should be constituted as a bank deposit guarantee of at least €300,000 or an insurance of at least €300,000, concluded with an insurance company agreed by the Financial Monitoring Authority. In this respect, the Committee recalls that such system of protection shall also ensure compensation of seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement agency under the employment agreement to meet its obligations to them (and not only for the failure of the relevant shipowner). The Committee thus requests the Government to amend accordingly the Draft Implementing Rules to give full effect to the provisions of Standard A1.4, paragraph 5(c)(vi).

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. Noting that no relevant provisions or draft provisions have been identified within the available documentation, the Committee requests the Government to indicate the laws or regulations providing that seafarers shall be given a document containing a record of their employment on board the ship as required by Standard A2.1, paragraphs 1(e) and 3.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments, the Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under the national legislation? (Standard A2.1, paragraph 7); and (c) do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7). The Committee requests the Government to reply to the above questions, indicating in each case the applicable national provisions.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes the Government’s indication that, according to section 43(1) of the Draft Implementing Rules, the shipowners flying the Romanian flag shall not require seafarers to make an advance payment towards the cost of repatriation at the beginning of their employment and also from recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws to be in serious default of the seafarer’s employment obligations. While noting this information, the Committee requests the Government to indicate the procedure to be followed and the standard of proof to be applied before a seafarer can be found to be in “serious default of the seafarers’ employment obligations” (Standard A2.5.1, paragraph 3).

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes the Government’s indication that the currently applicable legislation regarding financial security in case of abandonment are Decision No. 83/2003 on the authorization of companies providing services for the selection and placement of seagoing or inland waterway personnel on ships flying Romanian or foreign flag, as well as the establishment of financial security measures in case of abandoning it outside Romania and Order of the Minister of Transport and Infrastructure No. 247/2010 setting up the procedure for the establishment of financial security and the release of amounts, the approval of the model of the financial security certificate and the procedure for issuing the financial security certificate in case of seafarers’ abandonment. The Government further indicates that these legal instruments will be abrogated upon entry into force of the Draft Implementing Rules. The Committee notes that Decision 83/2003 foresees obligation to provide financial security measures only for placement agencies and that the Draft Implementing Rules, section 34(5), foresee the obligation for the shipowners flying the Romanian flag, engaged in international voyages to prove the establishment of a financial security in the form of an insurance policy. The Committee recalls that although Standard A2.5.2, paragraph 6 requires that ships engaged in international voyages carry on board evidence of financial security, paragraph 3 of the same Standard foresees that each Member shall ensure that a financial security system is in place for ships flying its flag. This financial security system requirement therefore applies to all ships within the scope of the MLC, 2006. The Committee consequently requests the Government to indicate the measures taken or envisaged to fully comply with the requirements of Standard A2.5.2, paragraph 3.

Regulation 2.5 and Standard A2.5.2, paragraph 6. Repatriation. Financial security. Documentary evidence. The Committee notes the Government’s reference to section 35(2) and (3) of the Draft Implementing Rules transposing the requirements of Standard A2.5.2, paragraphs 6 and 7. The Committee notes, however, that financial security must be not only available on board, as provided in the section 35, but also its copy shall be posted in a conspicuous place on board where it is available to the seafarers. The Committee accordingly requests the Government to indicate the measures taken to ensure the compliance with this requirement of the Convention (Standard A2.5.2, paragraph 6).

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes the Government’s reference to section 51(1) of the Draft Implementing Rules foreseeing the development and maintenance of a national policy to promote employment in the maritime sector and to encourage career development and skills of the Romanian seafarers, which shall include clear targets for the development of vocational skills, education and training of seafarers, including training for the safe operation of the ship. The Committee requests the Government to provide a copy of national policy once adopted.

Regulation 3.1 and Standard A3.1, paragraph 9. Accommodation and recreational facilities. Sleeping rooms. The Committee notes the Government’s reference to the Draft Implementing Rules which intend to transpose requirements of a number of provisions of the Convention, including those of the Title 3. The Committee notes that section 56(j) of these Rules foresees that “on special purpose ships sleeping rooms may accommodate more than four persons; the area occupied by these sleeping rooms is not less than 3.6 square meters”. The Committee recalls that Standard A3.1, paragraph 9(j) requires that the floor area of the sleeping rooms in such case shall not be less than 3.6 square meters per person. The Committee consequently requests the Government to amend accordingly the Draft Implementing Rules to ensure full compliance with this requirement.

Regulation 4.1 and Standard A4.1, paragraphs 3 and 4. Medical care on board and ashore. On-board hospital and medical facilities, equipment and training. The Committee notes the Government’s reference to sections 62 and 63 of the Draft Implementing Rules, foreseeing measures to ensure that seafarers have access to the medical care that is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise. The Committee recalls that each Member has to adopt laws and regulations establishing requirements for on-board hospital and medical care facilities and equipment and training on ships that fly its flag (Standard A4.1, paragraph 3). Noting that the Government has not provided information in this regard, the Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.

Regulation 4.1 and Standard A4.1, paragraph 4(a). Medical care on board and ashore. Minimum requirements. Medicine chest, medical equipment and medical guide. The Committee notes the Government’s reference to section 63(1)(a) of the Draft Implementing Rules, prescribing that all ships shall carry a medicine chest, medical equipment and medical guide. The Committee recalls that the specifics of medicine chest, medical equipment and medical guide shall be prescribed and subject to regular inspection by the competent authority (Standard A4.1, paragraph 4(a)). The Committee requests accordingly the Government to explain how it gives effect to these requirements of the Convention, indicating, in particular, how due consideration has been given to Guideline B4.1.1, paragraph 4, which provides that inspections should take place at regular intervals not exceeding 12 months.

Regulation 4.1 and Standard A4.1, paragraph 4 (c). Minimum requirements. Seafarer in charge of medical care. Noting that there were no relevant provisions indicated by the Government as to the requirement for person designated to provide medical first aid to have satisfactory completed training in medical first aid meeting requirements of the STCW, the Committee requests the Government to indicate how it gives effect to these requirements of the Convention (Standard A4.1, paragraph 4 (c)).

Regulation 4.2 and Standard A4.2.2, paragraph 3. Shipowners’ liability. Financial security. Treatment of contractual claims. The Committee notes the Government’s reference to section 65(1) of the Draft Implementing Rules, stating that the term “contractual claim” means any claim relating to the death or long-term incapacity of seafarers due to an occupational injury, illness or hazard, as provided for in national legislation or the employment contract. The Committee further notes that section 65(2) of the same Rules specifies that the contractual compensation, where set out in the seafarer’s employment agreement shall be paid in full and without delay. The Committee recalls that national laws and regulations shall ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation referred to in Standard A4.2.1, paragraph 8, through expeditious and fair procedures. The Committee accordingly requests the Government to explain how it gives effect to this requirement of the Convention, indicating the relevant national laws and regulations. The Committee also requests the Government to indicate how due consideration has been given to the Guideline B4.2.2 in this respect.

Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. Policies and programmes. The Committee notes the Government’s reference to the provisions of section 66(1) of the Draft Implementing Rules, foreseeing that to ensure on board ships flying the Romanian flag a working environment, safety and hygiene for seafarers and access to an adequate health protection system, MTI, in consultation with the representatives of the shipowners’ and seafarer’ organizations shall develop national guides for the management of the safety and health at work for seafarers and to adopt legislation on safety and health protection standards. The Committee further notes that section 66(2) of the Draft Implementing Rules specifies the objectives and purpose of the national guides and laws to be adopted to ensure the safety and health of the workers in all aspects related to the work. The Committee accordingly requests the Government to provide such guides and legislation implementing requirements of Regulation 4.3, paragraphs 1–3 and Standard A4.3, paragraphs 1 and 2 once adopted.

Regulation 4.3 and Standard A4.3, paragraphs 5 and 6. Health and safety protection and accident prevention. Reporting, statistics and investigation. The Committee notes that the Draft Implementing Rules foresee an obligation for the master of the ship to notify the shipowner and the RNA of the injury and any event as defined in section 5 Letter (f) of the Law on Safety and Health at Work No.319/2006, the latter having not been provided by the Government. The Committee further notes that the shipowner shall communicate these events in accordance with the provisions of section 26 and section 27, paragraph 1 of the Law No.319/2006 (with the subsequent modifications) and that the investigation of these events is carried out according to the legislation in the field of safety and health at work. Noting that these texts (i.e., section 5 Letter f), section 26 and section 27, paragraph 1 of the Law on Safety and Health at Work No. 319/2006 as well as the legislation in the field of safety and health at work) have not been communicated by the Government, the Committee requests the Government to produce the relevant texts. The Committee further requests the Government to indicate how it has taken into account the guidance provided by the International Labour Organization with respect to the reporting and recording of occupational accidents and diseases (Standard A4.3, paragraphs 5(a) and 6).

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the Government’s reference to section 68(1) of the Draft Implementing Rules, according to which, MTI, in consultation with the shipowners’ and seafarers’ organizations, promotes the creation of welfare facilities and social services in Romanian ports, where possible and appropriate to the purpose. According to the section 68(3) of the same Rules, seafarers on ships flying a foreign flag and located in Romanian ports have the right to free access to the Romanian diplomatic missions of their state of citizenship or state of residence. The Committee recalls that each Member shall ensure that shore-based welfare facilities are easily accessible (Regulation 4.4, paragraph 1) and shall require that shore-based welfare facilities are available for the use of all seafarers, irrespective of nationality, race, colour, sex, religion, political opinion or social origin and irrespective of the flag State of the ship on which they are engaged (Standard A4.4, paragraph 1). The Committee accordingly requests the Government to indicate how it gives effect to these requirements of the Convention (Regulation 4.4, paragraph 1, Standard A4.4, paragraph 1).

Regulation 4.5 and the Code. Social security. The Committee notes that in accordance with Standard A4.5, paragraphs 2 and 10, the Government has specified the following branches of social security: unemployment benefit; old-age benefit and family benefit. The Committee further notes the Government’s indication that the Draft Implementing Rules, section 70(1), provides that the social security protection, which is granted according to national legislation, to all seafarers on board ships flying the Romanian flag, includes at least the following: medical care, sickness benefits and indemnities in the event of accidents at work or occupational disease, unemployment benefit, old-age benefit and family benefit. The protection thus guaranteed shall be no less favourable than that enjoyed by workers on land domiciled in Romania. The Committee further notes that, according to section 70(3) of the same Rules, in the absence of adequate coverage in the rest of the branches mentioned in the Code, seafarers are offered comparable benefits in accordance with national legislation and practice. The Committee also notes the Government’s reference to the Draft Implementing Rules, section 69, according to which all seafarers on vessels flying the Romanian flag, as well as persons under their responsibility, shall benefit from social security under Law No. 53/2003 – Labour Code. The Committee notes the content of these provisions, which, however, do not seem to address the situation of seafarers ordinarily resident in Romania working on board vessels flying a foreign flag. The Committee accordingly requests the Government to indicate the measures taken to give effect to these provisions of the Convention (Regulation 4.5, paragraph 1, Standard A4.5, paragraphs 1 and 3). As regards the main benefits provided under each branch concerned, the Committee notes the Government’s reference to section 72 of the Draft Implementing Rules, of which the Government, however, does not reproduce the content. The Committee accordingly requests the Government to indicate the main benefits provided in respect to each of the social security branches to seafarers ordinarily resident in Romania (Standard A4.5, paragraphs 1 and 3). In the absence of the relevant information provided, the Committee requests the Government to indicate whether shipowners’ and, if applicable, seafarers’ contributions to relevant social protection and social security systems or schemes are monitored to verify that the contributions are made in accordance with the requirements of Standard A4.5, paragraph 5, and how a due consideration has been given to Guideline B4.5, paragraphs 6 and 7 in this respect.

Regulation 4.5 and Standard A4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. The Committee notes the Government’s reference to the Draft Implementing Rules, section 70(5), according to which each competent authority, under the responsibility area, shall establish effective and fair procedures for the settlement of disputes. The Committee accordingly requests the Government to indicate how it gives effect to the requirements of Standard A4.5, paragraph 9.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. Regarding authorization of recognized organizations, the Committee notes the Government’s indication that the criteria for the authorization of recognized organizations and requirements for inspectors, competences and qualification criteria are established by Order of the Minister of Transport No. 1225/2015 regarding the observance of Romania’s obligations as a flag state, which, however, has not been provided by the Government. The Committee accordingly requests the Government to provide a copy of this Order.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s reference to section 72 of the Draft Implementing Rules foreseeing that inspectors shall have status and independence to enable them to carry out the inspection of ships. The Committee notes that the Government has not provided information regarding implementation of requirements of Standard A5.1.4, paragraph 6 (adequate rules provided and enforced to ensure independence of the flag state inspectors of changes of government and of improper external influences), Standard A5.1.4, paragraph 11(a) (prohibition of any direct or indirect interest in any operation) and Standard A5.1.4, paragraph 17 (adequate penalties and other corrective measures for breaches of the requirements of the Convention). The Committee accordingly requests the Government to indicate how it gives effect to these requirements of the Convention (Standard A5.1.4, paragraphs 6, 11(a) and 17). The Committee further notes the Government’s reference to section 83 of the Draft Implementing Rules transposing requirements of Standard A5.1.4, paragraph 5 as to the treatment of complaints received for non-compliance of the ship to the requirements of the Convention. Noting that no information has been provided regarding the implementation of the requirements of Standard A5.1.4, paragraph 10 (confidential treatment of any grievance or complaint) and Standard A5.1.4, paragraph 11(b) (prohibition to reveal commercial secrets or confidential working processes or information of a personal nature), the Committee requests the Government to indicate how effect has been given to these requirements of the Convention.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaints procedures. The Committee notes the Government’s reference to the Order No. 1388/2014 regarding the amendments to Annex to the Order of the Minister of Public Works, Transport and Housing No. 1.894/2002 for the approval of the Flag State Control Manual for vessels flying the Romanian flag which prohibits the victimization of seafarers as regards the formulation of complaints in accordance with the MLC, 2006. The Committee also notes provisions of the Draft Implementation Rules, section 86(3)(e), according to which the complaint procedure shall contain protection measures against victimization of any seafarer making a complaint. The Committee, however, has not identified in the available texts provisions regarding penalization of the victimization, in conformity with the requirement of Regulation 5.1.5, paragraph 2. The Committee therefore requests the Government to indicate how it gives effect to this requirement of the Convention. As to the Draft Implementation Rules, section 86, which refers to the requirements of the Convention regarding the on-board complaint procedures, the Committee notes that no provision seems to allow seafarers in all cases to complain directly to the master and, where they consider it necessary, to appropriate external authorities. The Committee accordingly requests the Government to indicate how it gives effect to these requirements of the Convention (Standard A.5.1.5, paragraph 2). The Committee notes that no model for on-board complaint procedures appears to have been developed so far. The Committee recalls in this respect that in addition to a copy of their seafarers’ employment agreement, all seafarers shall be provided with a copy of the on-board complaint procedures applicable on the ship (Standard A5.1.5, paragraph 4). The Committee accordingly requests the Government to indicate the measures taken to comply with Standard A5.1.5, paragraph 4.

Additional documents requested. The Committee notes that the Government has omitted to provide the large majority of documents requested in the report form. The Committee requests the Government to provide them with its next report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement. In its previous comments, the Committee welcomed the numerous measures taken by the Government to reinforce the legal and institutional framework to combat trafficking in persons and encouraged the Government to pursue its efforts in this respect. The Committee notes the information provided by the Government in its report on the number of inspections undertaken between 2016–2018 (including the number and amount of penalties imposed) to monitor compliance with the legislation protecting workers from trafficking in persons. The Committee also notes the 2016 report of the Group of Experts on Action Against Trafficking in Human Beings (GRETA), on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Romania. It notes that this report welcomes the measures undertaken, for instance with regard to the number of convictions for trafficking in persons between 2012 and 2015. The Committee also notes that the report recommends the intensification of measures in a number of areas, including with regard to the training of labour inspectors, law enforcement officers, prosecutors and judges on trafficking in persons. The Committee further notes the adoption of the third National Strategy against trafficking in persons (2018–2022), which contains five components: (1) prevention; (2) victim protection and assistance; (3) investigation; (4) research and monitoring; and (5) inter-institutional and international cooperation. One of the proposed measures relating to investigation concerns the development of the capacities of the judiciary and law enforcement staff in the area of trafficking in persons. The Committee requests the Government to provide information on the measures taken to give effect to the components of the National Strategy against trafficking in persons (2018 – 2022), and to provide information on the results achieved and obstacles encountered. The Committee also requests the Government to continue to provide statistical information on the activities of labour inspectors to ensure compliance with the legal provisions concerning the protection of workers from trafficking in persons (including the number of fines imposed and cases referred to the judicial authorities), as well to provide information on the number of prosecutions initiated and convictions of perpetrators. It also requests the Government to provide information on the training provided to judges, labour inspectors and other relevant actors.

2. Protection and assistance for victims. In its previous comments, the Committee requested the Government to continue its efforts regarding the identification of victims of trafficking in persons and to provide information on the number of persons benefiting from protection and assistance measures. The Committee notes the Government’s reference to the adoption of the Expeditious Ordinance of the Government No. 24/2019, implementing and supplementing Act No. 211 of 2004 on certain measures to ensure the protection of victims of crime, which applies to all victims of crime, including victims of trafficking in persons. The Committee notes that the Act provides for a number of measures to enhance the protection of victims of crime, including the confidentiality of their names and addresses. The Committee also notes the detailed information in the 2016 GRETA report and the information provided by the Government in its 2019 reply to the questionnaire for the evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings. In this regard, it notes: (i) the statistical information on the number of victims having benefited from protection and assistance services between 2015 and 2019; (ii) the information on the various awareness-raising measures targeting vulnerable groups, in particular Roma communities; (iii) the drawing up of indicators and tools for the identification of victims of human trafficking; and (iv) the revised procedures of the National Identification and Referral Mechanism, such as the information requirements regarding the rights of victims of trafficking in persons, and the existing alternatives to informed consent regarding referral to assistance and protection services. The Committee also notes the information provided to GRETA by the Government in 2019, referring to a downward trend in the number of victims identified since 2015, which the Government indicates is not linked to authorities having identified fewer victims but to the efforts undertaken in previous years and a shift towards related crimes, which do not fall under the crime of trafficking in persons. The Government also indicates the number of victims of trafficking granted financial compensation by the courts. The Committee requests the Government to provide specific information on the implementation of the component in the National Strategy 2018–2022 regarding victim protection and assistance. In this respect, it requests the Government to provide information on the number of victims identified and the measures taken, such as the training of relevant actors, the use of indicators and tools, etc., which have enabled their identification. It also requests the Government to indicate the number of victims having benefited from protection and assistance services, and to provide information on the number of cases in which financial compensation has been granted.

Articles 1(1), 2(1) and (2)(c). Work exacted for private entities as a consequence of a conviction in a court of law. In its previous comments, the Committee noted the Government’s indication that, while section 78 of Act No. 254/2013 on the execution of penalties and sentences of imprisonment provides for the right of convicted prisoners to work, there is no obligation for prisoners to work. It further noted that section 83 of Act No. 254/2013 and section 175 of Government Decision No. 157 (implementing Act No. 254/2013) provide for the conclusion of service contracts between the prison administration and the natural or legal persons benefiting from such work. Moreover, pursuant to section 174(3) of Government Decision No. 157/2016, prisoners shall sign a document confirming their willingness to work, which contains information on their rights and obligations. In response to the Committee’s request for copies of the implementing texts of Act No. 254/2013, the Government refers to Decision No. 500165/2017 of the Director-General of the National Prisons’ Administration approving the instructions on the organization of work of prisoners. The Committee notes that Annex 5 of Decision No. 500165/2017 contains a form for prisoners indicating their rights and obligations, to be signed by the prisoners giving their consent to work. It also notes that both Government Decision No. 157/2016 and Decision No. 500165/2017 require working conditions which approximate a free labour relationship, including with regard to wages (which may not be below the national minimum wage), working hours, social security and occupational safety and health. The Committee therefore notes that by virtue of the above Decisions, prisoners have the right, but not the obligation, to work.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. 1. Additional duties entrusted to labour inspectors related to immigration. The Committee previously noted that, in accordance with the Regulation on the organization and functioning of the labour inspectorate (approved by Government Decision No. 488/2017), labour inspectors are entrusted with supervising the employment of migrant workers (section 12(1)B(i)).

The Committee notes the Government’s reference in its report to Ordinance No. 25/2014 which provides that on the employment and secondment of foreigners, employers who employ migrant workers without a work permit shall pay the overdue remuneration to the workers concerned, as well as all relevant taxes, fees and social security contributions as if the workers concerned had the appropriate permit, including to those who have returned to their home country (section 38(1) and (2)). Moreover, employers bear liability, including joint and several liability, to any subcontractors for overdue wages for the work performed by migrant workers in an irregular situation (section 38(4)). The Committee also notes that a migrant worker found to be carrying out work without a permit shall be informed in writing in both Romanian and English, by the General Inspectorate for Immigration or, as the case maybe, by labour inspectors of the territorial labour inspectorates, regarding their rights to the recovery of outstanding remuneration, before the execution of a possible obligation to return. The Committee further notes that, according to the information of the 2019 annual report on labour inspection activities (Annual Report), 1,302 controls were carried out regarding compliance with relevant provisions of Ordinance No. 25/2014, of which 667 were conducted jointly with the General Inspectorate for Immigration; 69 sanctions were applied, including 55 orders of fines worth 1,928,000 Romanian lei (RON) (US$464,500) and 14 warnings; and 135 measures were ordered to remedy the non-conformities found.

The Committee observes that, although Ordinance No. 25/2014 provides for the reinstitution of the statutory rights of migrant workers in an irregular situation, the relevant information in the 2019 Annual Report does not indicate how these provisions are applied by the labour inspectors. The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as set forth in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. Noting the information provided in the annual report on the application of Ordinance No. 25/2014, the Committee requests the Government to provide information on specific measures undertaken by the inspectorate to ensure the enforcement of the rights of migrant workers, including those in an irregular situation. In addition, the Committee requests the Government to provide information on the number of cases in which these workers have been granted their due rights, such as the payment of outstanding wages or social security benefits, disaggregated based on controls carried out by the labour inspectorate alone and controls conducted jointly with the General Inspectorate for Immigration. The Committee further requests the Government to provide information on the number of cases in which migrant workers were deported following the control activities of labour inspectors, again disaggregated based on controls carried out by the labour inspectorate alone and controls conducted jointly with the General Inspectorate for Immigration.

2. Control of undeclared work. The Committee notes that, pursuant to section 12(1)B of the Regulation on the organization and functioning of the labour inspectorate, the labour inspectorate identifies cases of undeclared work, and notifies, as required, the criminal investigation bodies (clause b); ascertains whether the activity being performed constitutes a labour relationship but performed on the basis of another type of contract (clause d); and orders the conclusion of individual employment contracts and the registration of workers concerned in the general register as employees (clause e). The Committee also notes that, according to the information in the 2019 Annual Report, 67,632 controls were performed in this regard and 8,551 persons were found engaged in undeclared work, including 5,942 persons performing work without an employment contract. Moreover, 4,793 measures were ordered to correct the non-conformities. The Committee requests the Government to provide information on the definition of undeclared work in national legislation, as well as information on specific measures ordered to correct the non-conformities. It requests the Government to continue to provide information on the work of the labour inspectorate with respect to undeclared work, including the number of persons found engaged in undeclared work, the number of cases in which the labour inspectorate orders the conclusion of an employment contract, as well as the action taken by the inspectorate with respect to those workers where no employment contract is subsequently concluded.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control over the system of labour inspection by a central labour inspection authority. The Committee previously noted the 2012 amendment of Law No. 108/1999 on the organization of the labour inspectorate, as well as Government Decision No. 488/2017 and Government Decision No. 12/2017 regarding the organization and functioning of the labour inspectorate under the Ministry of Labour and Social Justice. It requested information on the impact of this restructuring.

The Committee notes the Government’s information in its report that the Ministry of Labour and Social Justice is the superior body of the labour inspection services. The labour inspectorate performs the function of state authority that provides the exercise of control in the fields of labour relations, occupational safety and health at work and labour market surveillance, and it has 42 territorial labour inspectorates. The Unit for the Food Industry, Agriculture, Public Administration, Education and Culture, under the Directorate of Occupational Safety and Health, coordinates the supervision in agriculture, with four labour inspectors at the central level and between one and three within each territorial labour inspectorate. The Committee notes the information of the Government.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers and their organizations. The Committee previously noted with interest the establishment of tripartite consultative councils at the central and territorial levels of the labour inspectorate in accordance with section 10 of Government Decision No. 488/2017, as well as the conclusion of protocols concluded between the labour inspectorate and employers’ and workers’ organizations.

The Committee notes that the mandate and functioning of tripartite consultation councils is provided for by section 3 of the Regulation of the organization and functioning of the labour inspectorate and section 10 of the Regulation on organisation and functioning of territorial labour inspectorates, which were approved by Order of the Minister of Labour and Social Justice No. 1095/2018. According to these provisions, the functioning of the tripartite consultative council at the central level is determined by a decision of the State Inspector General, and at the territorial level by decisions of each territorial chief inspector. The Committee requests the Government to provide further information on the functioning of tripartite consultative councils at both the central and territorial levels, including their composition, the frequency of meetings and subject matters covered at these meetings, and their outcome.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits, including in the agricultural sector. Following its previous comments, the Committee notes the information provided by the Government that the number of labour inspectors continued to decline from 1621 in 2016 to 1529 in 2018. It notes, however, that the 2019 annual report on labour inspection activities (Annual Report) shows a slight increase in the number of inspectors at 1,536 in total. The information in the 2018 and 2019 Annual Reports also demonstrates an increase in the budget allocated to the labour inspectorate, from 164,218,000 Romanian lei (US$39,281,734) in 2018 to 214,274,000 lei (US$51,255,369) in 2019. Regarding inspection services in agriculture, the Committee notes that, according to the detailed information contained in the Government’s report and the Annual Reports from 2016 to 2018, the number of agriculture undertakings doubled from 25,271 to 51,043. However, the number of agricultural workplaces inspected increased only slightly from 1,987 in 2016 to 2,097 in 2018, and the number of employees in the inspected units rose from 43,170 to 44,272. In addition, the number of inspections carried out at those agricultural workplaces increased from 2,132 in 2016 to 2,223 in 2018. The Committee requests the Government to pursue its efforts to ensure that the number of inspectors is sufficient to secure the effective discharge of their duties, and to provide specific information on its efforts to attract additional inspectors including through adequate remuneration and opportunities for career stability and advancement. The Committee also requests the Government to provide information on the measures it is taking to ensure that the rising number of agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the application of the relevant legal provisions. The Committee finally requests the Government to continue providing statistical information in this regard, including the number of inspectors and inspection visits performed, as well as the number of workers and undertakings liable to inspection.

Articles 13, 17 and 18 of Convention No. 81 and Articles 18, 22, 23 and 24 of Convention No. 129. Prevention and enforcement measures. The Committee previously noted a significant drop in the number of inspectors’ orders in the event of serious or imminent danger to the health or safety of workers and requested information on the reasons behind this decrease.

The Committee notes that, according to the information in the 2018 and 2019 Annual Reports, the number of prohibition orders for the use of work equipment increased from 103 in 2018 to 231 in 2019, while the number of orders for the stoppage of work increased from 120 in 2018 to 227 in 2019. The Committee requests the Government to continue to provide information on the number of orders issued in the event of serious or imminent danger to the health or safety of workers, for the use work equipment and for the stoppage of work.

Articles 14, 21(f) and (g) of Convention No. 81 and Articles 19, 27(f) and (g) of Convention No. 129. Notification of occupational accidents and cases of occupational diseases. Following to its previous comments, the Committee welcomes the detailed statistical information on occupational injuries and diseases in the 2018 Annual Report. The Committee encourages the Government to continue to ensure that the labour inspectorate collects statistical data on occupational accidents and diseases, including in agriculture, and to publish this information in its annual inspection report.

Issues specifically concerning labour inspection in agriculture

Article 9(3) of Convention No. 129. Specific training for labour inspectors in agriculture. The Committee notes the absence of information in the Government’s report in reply to its previous request. The Committee urges the Government to take the necessary measures to provide labour inspectors with specific training on agriculture and related issues upon their entry into service and in the course of employment to enable them to acquire the technical knowledge required for the performance of their duties. It requests the Government to provide information on any developments achieved or difficulties encountered in this respect.

Article 3 of the Convention. Right of workers’ organizations to elect their representatives in full freedom. Civil servants. In its previous comments, the Committee had drawn the Government’s attention to the need to amend section 29(3) of Act No. 188/1999 on the civil servant statute, which provides that high-level civil servants or civil servants with budgetary responsibilities are suspended if they choose to exercise activities in the management of a trade union. Noting from the Government’s report that no progress has been achieved, the Committee wishes to recall that there are cases where it is not necessary for the civil servant to be suspended and that, therefore, it would be more appropriate to leave such matters for consultation with the organizations concerned. The Committee reiterates once again the need to amend section 29(3) of Act 188/1999 to ensure that high-level civil servants or civil servants with budgetary responsibilities are not automatically suspended when they choose to exercise activities in the management of a trade union, and that the matter is the subject of consultations with the organizations concerned.

Eligibility conditions for trade union officers. In its previous comments, the Committee had raised concerns on a condition of eligibility set out in section 8 of the Social Dialogue Act (SDA) excluding “those who serve a sentence complementary to banning the right to hold an office or to perform an occupation of the same nature with those held when committed an offence”. The Committee notes the Government’s indication that the right of trade unions to freely choose their representatives is fully guaranteed by section 7 of the SDA. The Government emphasizes that the principles stated by the Committee are not applicable to section 8 of the SDA, which reiterates the criteria necessary for a person to exercise civil rights and obligations set out in sections 37, 38 and 43 of the Civil Code, including “18 years of age without a suspension of the exercise of rights”, and also refers to situations of complementary punishments prohibiting the exercise of certain rights, like the right to hold office. While taking due note of the information provided by the Government, the Committee requests it to indicate: (i) the list of offences that can lead to ineligibility for trade union office under section 8 of the SDA; (ii) if such ineligibility only applies for the duration of the sentence; and (iii) if minors who have reached the statutory minimum age for admission to employment can be elected as trade union officers.

Right of workers’ organizations to organize their activities and to formulate their programmes. In its previous comments, the Committee had requested the Government to take measures to amend section 205 of the Social Dialogue Act, which establishes minimum services by law, to allow for minimum services in the relevant sectors to be negotiated by the social partners concerned, and, in the absence of agreement, to be determined by an independent body. The Committee notes that no progress has been achieved in this regard. The Committee expects that the Government will take the necessary measures to amend section 205 of the Social Dialogue Act to allow for minimum services in the relevant sectors to be negotiated by the social partners concerned, and, in the absence of agreement, to be determined by an independent body.

With respect to the issue of wage payments to public servants on strike, the Committee notes the Government’s indication that provisions of section 30 of the Act No. 188/1999 are corroborated by provisions of sections 195 and 207 of the SDA (maintenance of health insurance right during the suspension), and that salary deductions during the strike may be imposed without infringing the principles related to the exercise of trade union freedom. The Government adds that it has no data on cases of suspension of service/individual employment contracts and non-payment of wage rights during a strike. The Committee recalls that the concern raised relates to the payment of wages by the public employer, and that in imposing the suspension of such payment for all strikes, the provision restricts the freedom of the public employer and the unions concerned to agree otherwise. The Committee thus invites the Government to amend section 30(2) of Act No. 188/1999 so that the suspension of wages of public servants on strike can be the subject of negotiation between the parties concerned.

The Committee trusts that the Government will be in a position to report progress in the near future on all the issues raised above.

The Committee notes the Government’s reply to the comments submitted by: (i) the International Trade Union Confederation (ITUC); and (ii) the Block of National Trade Unions (BNS); Confederation of Democratic Trade Unions of Romania (CSDR); and the National Trade Union Confederation (CNS “CARTEL ALFA”), referring to matters examined in this observation.

Article 2 of the Convention. Right of workers to establish and join organizations of their own choosing. Threshold requirements. The Committee notes that in its 2018 observations, the ITUC pointed out that section 3(2) of the Social Dialogue Act (SDA) imposes a minimum requirement of 15 founding members of the same company to set up a union. It further notes that according to the ITUC, this constitutes an insurmountable barrier in a country where the majority of employers are small and medium-sized enterprises, given that 92.5 per cent of all enterprises in Romania employ less than 15 workers and therefore this requirement denies over 1 million workers (42 per cent of the employees) the right to unionize. The Committee notes that in its observations, the CNS “CARTEL ALFA”, the BNS and the CSDR raised similar concerns regarding the minimum membership requirements. Noting that the Government does not provide observations in this regard, the Committee recalls that, while it has found that the establishment of a minimum membership requirement in itself is not incompatible with the Convention, it has always been of the view that the number should be fixed in a reasonable manner so that the establishment of organizations is not hindered. It also considers that this criterion should be assessed in relation to the level at which the organization is to be established (for example, at the industry or enterprise level) and the size of the enterprise (see the 2012 General Survey on the fundamental Conventions, paragraph 89). The Committee requests the Government, in full consultation with the most representative workers and employers’ organizations, to review the minimum membership criteria taking into consideration the high prevalence of small and medium-sized enterprises in the country so as to ensure the right of all workers to form and join the organizations of their own choosing. The Committee requests the Government to provide information on progress made in this respect.

Scope of the Convention. Retired workers. The Committee had recalled that legislation should not prevent dismissed workers and retirees from joining trade unions, if they so wish, particularly when they have participated in the activity represented by the union. The Committee takes due note of the Government’s information that the legislation does not prohibit the maintenance of the membership, or election in the union leadership, in case of dismissal or retirement since the trade union organization and its relations with its members are established by the trade union’s statutes according to section 32 of Law No. 62/2011.

Non-standard forms of work. The Committee notes that in its 2018 observations, the ITUC points out that pursuant to section 3(1) of the SDA, day labourers, self-employed workers and workers engaged in atypical employment relationships, which constitute an estimated 25.5 per cent of the total employed population in Romania, are excluded from the scope of the SDA and therefore cannot exercise their trade union rights. Recalling that all workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization, the Committee requests the Government to provide its comments thereon. It further invites the Government, in consultation with the social partners, to consider any necessary measures to ensure that workers engaged in non-standard forms of work can benefit from the trade union rights enshrined in the Convention.

Article 3. Right of workers’ organizations to organize their administration, as well as their activities. In its previous comments, the Committee had requested the Government to take measures to: (i) delete or amend section 2(2) of the SDA, according to which workers organizations shall not carry out political activities; and (ii) delete or amend section 26(2) of the SDA, in order to avoid excessive control of trade union finances (powers afforded to state administrative bodies to control the economic and financial activity and payment of debts to the state budget). Noting from the Government’s report that no progress has been achieved, the Committee requests the Government to take measures to delete or amend the above-mentioned sections of the SDA, so as to bring them into line with the Convention.

With respect to the consultations undertaken at the National Tripartite Council for Social Dialogue with a view to amend the SDA, the Committee is addressing these issues in the context of the observations on Convention No. 98.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Comments adopted by the CEACR: Romania

Adopted by the CEACR in 2021

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

C129 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Issues specifically concerning labour inspection in agriculture

Adopted by the CEACR in 2019

C087 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C087 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Romania

Display the list by:

Adopted by the CEACR in 2021

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

C129 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Issues specifically concerning labour inspection in agriculture

Adopted by the CEACR in 2019

C087 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C087 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)