Definitive Report - Report No 272, June 1990

Case No 1492 (Romania) - Complaint date: 20-FEB-89 - Closed

1. 78. The Committee examined the substance of this case at its November 1989 meeting, at which it submitted an interim report approved by the Governing Body at its 244th Session (see 268th Report, paras. 588-636). Since then, the Government has sent further observations on this case in a communication dated 19 April 1990.
2. 79. In addition, following a request by the International Confederation of Free Trade Unions (ICFTU) made in view of the changes which occurred in Romania at the end of 1989, the Governing Body, at its February 1990 Session, directed the Director-General of the ILO to undertake the appropriate consultations with the Romanian Government so that a direct contacts mission could take place shortly (See 270th Report, para. 12.) The mission, consisting of Mr. Bernard Gernigon, Chief of the Freedom of Association Branch, and Mr. Patrick Carrière, an official of the same branch, visited Romania from 22 to 26 April 1990. The mission report is annexed to this report.
3. 80. Romania has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948, (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 81. In the interim report submitted to the Governing Body in November 1989, the Committee noted that the allegations made by the ICFTU concerned acts of reprisal and repression (arrest, detention, conviction, violence, dismissal) allegedly perpetrated against workers who created or encouraged the creation of organisations independent of the existing trade union structure or who participated in protest movements or strikes.
2. 82. The Committee made the following recommendations:
   • "(a) As regards the allegations concerning the "Sixth of March" factory in Zarnesti, the Committee requests the Government:
     • - to supply precise information on the allegations that Marin Brincoveanu was summoned to the police station and beaten, and concerning the termination of his employment contract;
     • - to make the necessary inquiries to determine whether Mihai Torjo and Marian Lupou were previously employed by the "Sixth of March" factory and, if so, to indicate exactly why they left the enterprise;
     • - to supply information on the arrest and beating of Mr. Serban and information as to why he might have been transferred;
     • - to indicate whether Mihai Torjo and Marian Lupou were called in for questioning by the police and, if so, in what circumstances.
   • (b) As regards the allegations concerning the events of November 1987 in Brasov, the Committee requests the Government to supply precise information on the number of arrests and convictions involved and the grounds adduced therefor, and on the six deaths said to have occurred during demonstrations and the alleged dismissal of 215 workers.
   • (c) As regards the allegations concerning the establishment of an independent trade union organisation Libertatea, the Committee requests the Government to supply information regarding the fate of the persons who are said to have founded this organisation and, specifically, on the circumstances in which some of them have emigrated and on the grounds for any arrest and sentencing of Radu Filipescu, as well as on the allegation that he is regularly detained and beaten.
   • (d) The Committee recalls the importance that it attaches to the principle that workers and employers have the right to establish organisations of their own choosing without previous authorisation. The Committee draws the Government's attention to the need to bring its legislation into conformity with the letter and spirit of Convention No. 87 and it draws this aspect of the case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.
   • (e) As regards the alleged action taken against other workers, the Committee requests the Government to supply precise information on the grounds and specific facts on which Dimitru Iuga's conviction was based and on the reprisals which Valer Sabau and Nicolae Litoiu allegedly suffered.
   • (f) The Committee requests the Government to communicate its observations on the allegations concerning the dismissal of 150 workers following the organisation of a strike in Iasi in February 1987."

B. The Government's further observations

1. 83. It its communication dated 19 April 1990, the Government states in general terms that most of the allegations made by the ICFTU in its complaint against the previous Government are well founded. It adds that the new ruling body, the Council of the National Salvation Front, set up following the revolution of December 1989, promptly adopted a series of measures paving the way for the economic and social reconstruction of the country and for the observance of human rights and international standards, including those laid down in Conventions Nos. 87 and 98.
2. 84. The measures referred to by the Government include the following:
   • - abolition of the single party's leading role and establishment of a pluralist system of government (Legislative Decree published on 28 December 1989, point I);
   • - abolition of house arrest for political opinions and the immediate release of those persons who had been placed under it. The persons deported for having taken part in the strikes in the Jiu valley and Brasov have now returned home, have been reinstated in their former posts and have had their rights restored to them;
   • - Legislative Decree of 3 January 1990 providing for an amnesty of political offences committed after 30 December 1947 (political offences were defined in extremely broad terms, covering virtually any activity aimed at obtaining democratic rights and including the crime of having one's own opinion).
3. 85. In addition, the Government repealed a series of unjust and discriminatory Acts, decrees, regulations, etc., which seriously infringed individual freedom and human rights, including the following:
   • - Decree No. 68/1976 making it compulsory to move to the towns declared "major towns" by the law;
   • - Decree No. 56/1978 on the systematisation of the territory and of urban and rural localities;
   • - Act No. 25/1976 making it compulsory to engage in useful work;
   • - Decree No. 367/1980 on the rational utilisation of personnel of socialist units.
4. 86. Legislative Decree No. 8, adopted on 31 December 1989, laid down rules for the registration and operation of political parties and civic organisations. Under the terms of this Legislative Decree and of other legislation in force, including Act No. 52 of 1945, free and independent trade unions have been set up in virtually all enterprises. Moreover, 30 federations and two confederations have been created and the process is continuing.
5. 87. Lastly, the following Bills have been drafted and submitted to the Provisional Council for National Unity (the Parliament of Romania):
   • - the Act respecting trade unions;
   • - the Act respecting collective bargaining;
   • - the Act respecting the settlement of collective labour disputes and the excercise of the right to strike;
   • - the Act repealing certain provisions of the labour code or other normative acts which run counter the provisions of international Conventions adopted by the ILO.
6. 88. As regards the specific cases referred to in the complaint, inquiries undertaken have yielded the following facts:
   • - Marin Brinconveanu, Mihai Torjo, M. Serban and Marian Lupan of the "Sixth of March" factory in Zarnesti had been summoned to the police station and questioned, then transferred to other posts for having attempted to set up the "Libertatea" trade union organisation. All of the above-mentioned persons have now returned to their former posts and have recovered all of their rights, the first two having been elected to the committee of the free trade union set up at the "Sixth of March" factory in Zarnesti.
   • - Following the events of November 1987 in Brasov, 60 persons had been arrested and convicted to suspended sentences, to be served at the workplace. No deaths were registered. Some 200 workers were forcibly transferred to other posts. In January 1990 the 60 persons were tried again in the Brasov district court, which acquitted all of them. All of the persons who had been convicted or transferred have returned to their posts and recovered all of their rights.
   • - Radu Filipescu participated in the revolution and was elected to the National Salvation Front Council; he is now active in the Republican Party.
   • - Nicolae Litoin had been sentenced to 12 years' imprisonment for conspiracy and propaganda against the socialist system in 1981. He was released on 3 January 1990 and now lives in the commune of Dumbraveni in the Prahova district.
   • - Dumitru Iuga had been convicted of propaganda against the socialist system; he was released on 3 January 1990 and reinstated in his job in Romanian television and all of his rights have been restored. He now heads the trade union for Romanian radio and television.
7. 89. The Government states further that it has not been possible yet to identify Valer Serban, or to confirm that some 150 workers were dismissed during a strike in February 1987 in Iasi.

C. The Committee's conclusions

1. 90. The Committee notes the report of the ILO mission carried out in Romania from 22 to 26 April 1990. It welcomes the fact that the mission received considerable co-operation from the Government throughout its visit. The Committee also notes the written information provided by the Government in reply to the requests for information which it had made in its previous report.
2. 91. The allegations made by the ICFTU in this case concerned acts of reprisal and repression perpetrated against workers who had created organisations independent of the existing trade union structure or had participated in protest movements or strikes. The ICFTU had referred, among other things, to arrests, convictions, violence and dismissals or acts of prejudice in employment.
3. 92. Since the complaint was presented and the case was first examined by the Committee, political changes have occurred in Romania, where a new Government has been in power since December 1989.
4. 93. The Committee notes with interest that the new Government has provided exhaustive replies to the allegations pending, both in writing and orally during the ILO mission to Romania.
5. 94. As regards the conviction and arrest of officers and members of independant trade unions, the Committee notes with interest that all of the persons referred to by name in the ICFTU's complaint have now been released under the Legislative Decree of 3 January 1990 declaring an amnesty for political offences committed after 30 December 1947. The persons covered by this amnesty include those convicted in connection with activities in defence of human rights and those aimed at obtaining civil, political, economic, social and cultural rights and the satisfaction of democratic demands. Only one of the persons referred to in the complaint could not be identified, apparently because of some confusion as to his surname. The Committee also notes that this information on the release of the persons referred to in the complaint has been confirmed by all of the interlocutors the ILO mission met during its visit.
6. 95. The written information provided by the Government and the mission report also indicate that the workers dismissed for trade union activities have been reinstated in their jobs. Moreover, some of them now hold office as trade union officers in organisations set up since the change of government.
7. 96. The Committee notes this information with interest. It observes, however, that the mission report refers to difficulties encountered by the persons dismissed under the previous Government in their attempts to recover all of their rights, in particular seniority entitlements. The Committee notes the statement of the Minister of Labour to the effect that this matter will be examined and the situation remedied. The Committee hopes that discussions will be held with the workers concerned regarding the problems still outstanding and that a prompt solution will be found to remove any prejudice still suffered by the person concerned as a result of their trade union activities under the previous Government.
8. 97. The Committee notes further that the Government states that it has not received confirmation of the dismissals alleged to have taken place in Iasi in February 1987. Since the allegations on this point were fairly vague (failing to mention names or the factories concerned) and none of the mission's interlocutors has given information in this respect, the Committee considers that there is no point in pursuing the examination of this matter further.
9. 98. As regards the state of legislation, the Committee notes with interest that under the Legislative Decree published on 28 December 1989 the leading role of the communist party in the activity of mass organisations - including the trade unions - has been abolished. It also notes with interest that under the terms of Act No. 52 of 1945 respecting trade unions, a number of trade union organisations have been set up, including in particular 30 federations and two confederations.
10. 99. The Committee also notes that draft legislation has been submitted concerning trade unions, collective labour disputes and the right to strike, as well as collective bargaining. It welcomes the fact that the first two Bills, which have already been drafted, were the subject of discussions with the ILO mission, which was thus able to make certain comments regarding several provisions in the light of the principles of the ILO's supervisory bodies. The Committee notes that these Bills will now be published in the media for public discussion of their contents. In this respect, the Committee draws the Government's attention to the importance of prior consultation of employers' and workers' organisations before the adoption of all legislation respecting the field of labour law. It therefore hopes that consultations on the three above-mentioned Bills can take place rapidly. Lastly, the Committee notes the commitment made by the Government to consult the ILO on the Bills now being drafted, once they have been amended, before their adoption. The Committee urges the Government to do so in order to enable the ILO's comments on the draft to be taken into consideration so as to ensure conformity with Conventions Nos. 87 and 98, ratified by Romania.

The Committee's recommendations

1. 100. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee notes the report of the ILO mission to Romania and welcomes the considerable co-operation the mission received from the Government.
   • (b) The Committee notes with satisfaction the measures taken by the new Government, in particular the release of detained unionists and the reinstatement of dismissed workers, which bring an end to the serious violations of the principles of freedom of association which had occurred under the previous Government.
   • (c) The Committee expresses the hope that the problems outstanding concerning the workers reinstated in their jobs - in particular as regards their seniority rights - will be rapidly solved.
   • (d) The Committee hopes that prior consultation with the social partners will take place on the Bills now being drafted on trade unions, collective labour disputes and the right to strike, and collective bargaining. It urges the Government to consult the ILO before adopting the Bills in order to ensure their conformity with Conventions Nos. 87 and 98.

ANNEX

1. REPORT OF THE DIRECT CONTACTS MISSION TO ROMANIA
2. I. Introduction
3. The mission described in this report was carried out from 22 to 26 April 1990
4. in the framework of the examination procedure of the complaint of violation of
5. trade union rights (Case No. 1492) presented in 1989 against the Government of
6. Romania by the International Confederation of Free Trade Unions (ICFTU).
7. Since the complaint was presented, in February 1989, the Committee on Freedom
8. of Association of the Governing Body examined this case in November 1989, then
9. in February 1990 when, at the request of the complainant organisation and in
10. view of the radical changes which had occurred in Romania at the end of 1989,
11. it was decided to undertake the appropriate consultations with the Government
12. so that a direct contacts mission could be sent promptly in order to examine
13. any outstanding issues relating to the complaints, as well as to explore the
14. potential areas where ILO assistance might be envisaged in the trade union
15. field, in particular as regards legislation.
16. Since the Committee's February 1990 meeting, the Government has sent a
17. communication, dated 19 April 1990, containing replies on the specific cases
18. referred to in the complaint, as well as information on a number of
19. legislative texts already adopted, currently being adopted or being drafted.
20. The mission, which visited Bucharest and Brasov, consisted of Mr. Bernard
21. Gernigon, Chief of the Freedom of Association Branch, and Mr. Patrick
22. Carrière, an official of the same branch. The mission met the Minister of
23. Labour and his colleagues on two occasions, on 23 and 26 April. It also met
24. two senior officials of the Ministry of Foreign Affairs. On the trade union
25. side, the mission met representatives of the National Confederation of Free
26. Trade Unions, the Fraternity Confederation of Independent Trade Unions
27. ("Fratia") and the Free Trade Unions in the Printing and Allied Trades, as
28. well as the correspondent in Romania of the International Confederation of
29. Free Trade Unions. The mission also visited Brasov, where it attended a
30. meeting of trade union officers, heard eyewitness accounts and replied to
31. questions. The Government afforded the mission all of the necessary facilities
32. and co-operation to enable it to carry out its work and meet with the
33. organisations and persons it wished to contact. A full list of the persons met
34. is contained in the Appendix. Unfortunately, the mission was unable to meet
35. employers' representatives because, according to the information received, no
36. such organisations exist as the private sector is still at an embryonic stage,
37. and the few existing private enterprises are nearly all family enterprises.
38. It should also be noted that the various trade unions and federations gave the
39. mission a warm welcome, at the same time expressing - even emphatically in
40. some cases - the considerable and urgent need for information on the
41. Organisation and on democratic trade union structures and activities. Some
42. also requested prompt assistance in this regard; therefore the mission
43. sometimes felt necessary to explain the role, composition and mandate of the
44. International Labour Organisation, the Office and the Freedom of Association
45. Branch.
46. II. The current situation in Romania
47. General elections are to be held on 20 May 1990 and some 67 parties are
48. contesting them. The date of the elections itself is a matter of some
49. controversy; some groups have requested that it be postponed, believing it to
50. favour the National Salvation Front (NSF) currently in power; criticism is
51. also levelled at certain NSF officials alleged to have collaborated with the
52. previous régime. There were constant demonstrations on this subject during the
53. week of the mission's visit; according to the media, there were more
54. gatherings and counter-demonstrations the following week. There is an
55. atmosphere of unrest and the expectations of the population are running high
56. in every respect.
57. The trade union situation, which reflects the political and social climate, is
58. one of intense activity and a certain amount of instability, which are the
59. natural consequences of the removal of previous structures and the creation of
60. an entirely new trade union landscape. The features of the new landscape are
61. briefly as follows: a multitude of independent trade unions which are not
62. affiliated to a confederation, in most cases set up at enterprise or
63. occupational level and sometimes grouped together geographically by town, as
64. well as two confederations, the National Confederation of Free Trade Unions
65. (NCFTU) and the Fraternity Confederation of Independent Trade Unions
66. ("Fratia"). All of these organisations, with the apparent exception of the
67. NCFTU (see below), come up against considerable practical difficulties in
68. their daily activities due to a lack of funds and the most basic material
69. resources (telephones, photocopiers and office equipment).
70. As regards the independent trade unions, in the wake of the events of December
71. 1989-January 1990, a considerable number of free and independent trade unions
72. were set up under Act No. 52 of 1945 respecting trade unions, many provisions
73. of which are still in force. The mission felt a distinct reluctance on the
74. part of several spokespersons of these trade unions to join a federation or a
75. confederation, which is attributable to the widespread rejection of the
76. previous trade union system, which was very centralised, but perhaps also due
77. to lack of experience in democratic trade unionism.
78. As regards the confederations, there is the National Confederation of Free
79. Trade Unions (NCFTU) on the one hand, which claims to group together 19
80. federations representing 2,800,000 members, 1,800,000 of whom belong to
81. federations which have already held their congresses. The NCFTU is headed by a
82. provisional National Council appointed after the previous trade union
83. structure, embodied in the General Trade Union Confederation of Romania
84. (GTUCR), was dissolved following the events of December 1989. The NCFTU has
85. its headquarters in the premises of the former GTUCR, in the same building as
86. the Ministry of Labour. The independent trade unions contacted by the mission
87. expressed certain misgivings, if not outright rejection of the idea of
88. affiliation to the NCFTU. The latter is not yet affiliated to an international
89. confederation, although some discussions have taken place on this subject; the
90. decision will be taken at the General Congress planned for around 14 or 15 May
91. 1990 (before the elections). According to the representatives of the other
92. trade unions contacted by the mission, the NCFTU appears still to have access,
93. if not to the funds and contributions of the former trade unions, at least to
94. the former GTUCR's facilities and equipment. Generally speaking, the NCFTU
95. described its relations with the Government as fairly good; it reproaches the
96. other confederation, "Fratia", for its political bias and its stance on the
97. distribution of trade union assets, which it considers unrealistic.
98. For its part, the Fraternity Confederation of Independent Trade Unions
99. ("Fratia"), set up following the events of December 1989, claims to group
100. together 38 independent trade unions (including four federations) and over 1
101. million members, 830,000 of whom pay contributions. This Confederation is in
102. huge material difficulties and relies on the work of volunteers for its
103. day-to-day management. The question of the distribution of trade union assets
104. is of crucial importance for Fratia, which believes that many trade unions
105. affiliate to the NCFTU solely because of the considerable advantages, in
106. particular material and financial ones, of doing so. Once the situation has
107. been clarified, Fratia believes that most of these trade unions will affiliate
108. to it (see below the comments on the distribution of trade union assets). In
109. this respect, the mission noted that some independent organisations which do
110. not yet have ties with any confederation are much closer to Fratia and rule
111. out the possibility of affiliating to the NCFTU, which they consider to be too
112. identified with the former GTUCR, which was linked to the previous régime.
113. Similar misgivings to those expressed regarding affiliation to a confederation
114. are also to be found with respect to the legislation on trade unions:
115. according to the Ministry of Labour, some trade unions have even said that
116. they do not see the need for laws on trade unions, collective bargaining,
117. strikes, etc. The mission had the opportunity to point out to representatives
118. of Fratia that an adequate legislative framework, far from being a hindrance,
119. could guarantee trade union rights.
120. III. Issues relating to the allegations outstanding (Case No. 1492)
121. At his first meeting with the mission, the Minister of Labour confirmed the
122. information given in the communication dated 19 April and stated that all the
123. persons concerned have now recovered their rights and been reinstated in their
124. jobs under the amnesty for political offences declared on 3 January 1990. All
125. of the trade union organisations contacted stated likewise. However, a trade
126. union officer of the Brasov combine, who had been detained and dismissed
127. following the strikes organised in this town in 1987, told the mission that,
128. although he had been reinstated in his post and acquitted in January 1990 of
129. the charges brought against him in 1987 (as against 60 other workers), he has
130. not been fully compensated, in particular as regards entitlement to seniority,
131. leave and family allowances. He also told the mission that the workers
132. subjected to reprisals under the previous Government had set up a collective
133. and that the President of the National Salvation Front had been approached,
134. with a request that the rights of the persons concerned be fully restored. At
135. its last meeting with the Ministry of Labour, the mission drew this fact to
136. the attention of the Minister, who undertook to adopt the necessary measures
137. to inform himself and remedy the situation.
138. Lastly, the authorities stated that inquiries were still under way regarding
139. Mr. Valer Sabau (or Serban) whom it had not yet been possible to identify.
140. IV. The issue of trade union assets
141. The mission brought up this issue with all of the persons and organisations
142. contacted; they gave different evaluations of the assets in question, which is
143. in any case considerable: 3 to 4.3 thousand million lei in cash (i.e. 136 to
144. 200 million US dollars at the current official rate: 1 dollar = 22 lei), and a
145. considerable amount of real estate (numerous leisure and holiday centres,
146. recreation facilities and equipment of various kinds) amounting to between 30
147. and 100 thousand million lei. This issue is a vital one for all of the trade
148. unions, as none of them have sufficient resources to operate, except the NCFTU
149. which appears to have inherited the premises, equipment and organisation of
150. the former GTUCR, all of these elements being vital for rapid reorganisation.
151. The other organisations fear that the NCFTU will take advantage of this state
152. of affairs, which places other organisations at a considerable disadvantage,
153. to build up its structures rapidly, recruit numerous members and trade unions,
154. acquire a disproportionate share of the assets should a distribution take
155. place (which, moreover, it could influence) and thus perpetuate its supremacy.
156. The Government's current stance appears to be one of reluctance to intervene
157. in the distribution of assets and to leave the procedure to be arranged by the
158. different organisations. The Minister of Labour also stated that the trade
159. union assets are now frozen. At least one meeting between the different
160. factions in the trade union movement (the NCFTU and Fratia) and the
161. independent trade unions was held on 19 April 1990 in order to discuss the
162. details of the distribution and to set up a committee to carry it out. It is
163. alleged to have been agreed and recorded in a minute (a copy of which was
164. given to the mission) that 100 lei per trade union member would be immediately
165. paid out of the funds of the former trade unions to the present trade unions
166. in order to provide them with minimum financial resources. According to
167. Fratia, the agreement was denounced on 20 April by the NCFTU; Fratia planned
168. to hold a meeting on 2 May in order to achieve a consensus among free and
169. independent trade unions on this issue. The NCFTU, for its part, stated that
170. the assets should remain undivided until a decision was taken at a congress
171. "... to which Fratia would be invited". The NCFTU expressed misgivings as to
172. the powers attributed to the distribution committee, pointing out that it had
173. no mandate to speak on behalf of the some 7 million trade union members who
174. used to be affiliated to the former GTUCR and that it should confine itself to
175. technical matters. In particular, the NCFTU denies having signed the minutes
176. given to the mission and asserts that the document was falsified.
177. At meetings with the Free Trade Unions in the Printing and Allied Trades, and
178. in Brasov, trade union representatives expressed agreement with the principle
179. of freezing the assets, and immediately distributing certain amounts
180. calculated on the basis of membership, followed at a later date by the
181. distribution of all of the assets, the details of which would be determined
182. democratically among the trade unions. The assembly of independent trade
183. unions in Brasov suggested that since the immovable assets are concentrated in
184. certain regions and cannot be distributed, a joint stock company should be set
185. up, and the share certificates - and working profits - be distributed to the
186. various trade unions in proportion to their membership.
187. At all of the meetings, the mission explained, giving examples, various
188. possible methods of distributing the assets in a situation of this kind:
189. negotiation among trade unions with the possibility of independent mediation
190. failing a consensus; proportional distribution of assets on the basis of
191. membership calculated during elections held at the same time. The mission
192. insisted on the importance of an equitable distribution procedure both for the
193. immediate satisfaction of the trade unions and for future labour relations. At
194. the last meeting with the Ministry of Labour, the latter undertook to consider
195. the possibility of facilitating further discussions between the confederations
196. and the trade unions, probably within the framework of the committee on the
197. distribution of assets.
198. V. Legislative aspects
199. Concerning the current situation as regards legislation, the Minister stated
200. in the first meeting that the main provisions of Romanian legislation which
201. elicited observations of the ILO supervisory bodies in the past have been
202. repealed, in particular the sections linking the Communist party and the trade
203. unions, imposing the single trade union system and prohibiting trade unions
204. from freely drawing up their by-laws. The other provisions of Act No. 52 of
205. 1945 remain in force and lay down the legal framework applicable in this
206. field.
207. As the Government had stated in its written communication dated 19 April 1990,
208. three Bills are currently being drafted:
209. - an Act respecting collective bargaining;
210. - an Act respecting trade unions;
211. - an Act respecting the settlement of collective labour disputes and the
212. exercise of the right to strike.
213. The Ministry of Labour pointed out that three guiding principles had been
214. followed in drafting the Bills: observance of the international Conventions
215. and Recommendations of the ILO; drafting of the most democratic texts
216. possible; and the use wherever possible of existing state bodies (the Ministry
217. of Labour and its territorial bodies) in order to ensure a certain amount of
218. stability.
219. As regards the Act amending the Labour Code, a draft is now being discussed by
220. the specialised standing committees of the Provisional Council of National
221. Unity (the present Parliament). At its first meeting with the mission, the
222. Government said it was envisaging the possibility of publishing it in the
223. media for public discussion. The Bill on collective contracts is currently
224. being drafted, as the Government prefers to postpone discussion and adoption
225. to 1991, since state employees now account for at least 90 per cent of all
226. workers.
227. As regards the Bill on trade unions, which is on the whole in line with
228. international labour Conventions, the mission, after examining a French
229. version of the Bill, drew the Ministry's attention to certain provisions the
230. wording of which was either ambiguous or incompatible with international
231. Conventions, in particular:
232. - section 2(1) which could be interpreted as allowing only enterprise-level
233. trade unions to be set up;
234. - section 11 restricting trade union office to Romanian citizens who have
235. worked at least five years in the enterprise;
236. - section 43 allowing the sentencing of trade union officers to severe prison
237. terms in certain situations;
238. - section 45(2) which does not envisage the setting up of territorial unions
239. of trade unions from the grass-roots level up.
240. The mission also obtained clarifications of certain provisions which were
241. either obscure or appeared to be too broad.
242. As regards the Bill respecting the settlement of collective labour disputes
243. and the exercise of the right to strike, the Minister of Labour stated that
244. its adoption by Parliament was imminent (Tuesday, 24 April) and gave a verbal
245. outline of it. The mission commented on certain provisions which appeared a
246. priori to pose a problem as regards conformity with international Conventions,
247. stressed the importance of prior consultation of the main social partners
248. concerned before the adoption of legislation, and asked to see a French
249. version of the Bill, which was given to it during the visit. The mission has
250. since been informed that the Bill was left in abeyance and that the text will
251. be published in the media to enable discussions to take place and amendments
252. to be proposed. Both confederations claimed credit for this postponement,
253. while the printers' union suggested that the presence of the mission in
254. Romania and the preliminary meeting with the authorities had something to do
255. with it.
256. The Bill on the settlement of collective labour disputes and the exercise of
257. the right to strike raised certain fundamental questions, and in particular
258. Schedule 2 of the Bill, which contains a very extensive list of situations
259. where strikes are prohibited. The mission stated the position of the
260. supervisory bodies on this subject, pointing out sectors in which a
261. prohibition of the right to strike would be clearly incompatible with the
262. principles of freedom of association and explaining the possibility of
263. applying the concept of a minimum service which, without imposing a general
264. prohibition on the right to strike, may make it possible to limit the ensuing
265. consequences. The mission also drew the Government's attention to section
266. 11(3), which provides that a person convicted of infringement of this
267. Legislative Decree (of which the annex is an integral part) cannot be elected
268. as a workers' delegate.
269. A second important issue was raised by section 29, which appeared to create a
270. system resembling compulsory arbitration at the initiative of one of the
271. parties, as a judge could rule whether or not strikers' claims are
272. well-founded. According to the explanation given by experts in the Ministry of
273. Labour, the Government's intention here was not to set up a compulsory
274. arbitration system, but to satisfy itself that the procedural conditions
275. required for calling a strike had been met. Nevertheless, the mission insisted
276. that this section be redrafted in order to avoid any ambiguity.
277. The mission also drew the attention of the Ministry to several other
278. provisions:
279. - section 11(3), persons convicted of one of the offences listed in Schedule 1
280. (very detailed) not eligible to serve as strikers' delegates;
281. - section 19(2), calling of a strike conditional upon agreement of two-thirds
282. of the workers;
283. - section 19(4), prohibition on "strikes of a political nature", without a
284. precise definition of this concept;
285. - section 22(3), duration of strike established in advance by the organisers.
286. On all of these points, the mission stated the principles adopted by the
287. supervisory bodies, made suggestions and gave examples of labour legislation
288. adopted fairly recently by countries which made the transition from a
289. centralised system to political and trade union pluralism.
290. The mission's comments and suggestions regarding the two Bills appeared to be
291. favourably received by the Ministry, which expressed its firm intention to
292. co-operate with the ILO.
293. Two comments must be made regarding the reactions of the trade union
294. organisations to these two Bills. Firstly, they unanimously deplored the
295. inadequacy or even absence of consultation prior to the drafting of the texts.
296. Only a public televised debate appears to have been held on the subject.
297. Secondly, very different views were expressed concerning the substantive
298. provisions of the two Bills. The NCFTU did not level any basic criticism
299. regarding their philosophy, and described its concept of strikes as the last
300. weapon to be used in the social struggle, after petitions, protests and a
301. conciliation procedure. According to the NCFTU, strikes are now being resorted
302. to in an irresponsible and almost automatic manner. Fratia, for its part,
303. expressed profound disagreement with the Bill on the settlement of collective
304. disputes, particularly as regards the lack of definition of "political"
305. strikes and the excessive number of exceptions to the right to strike. Fratia
306. found the Bill on trade unions to be more acceptable, but criticised it none
307. the less. The independent trade unions contacted appear to share the view
308. expressed by Fratia.
309. In any case, the debate on this subject is now in full swing and it remains to
310. be seen how far the final text, once it is adopted, will reflect the mission's
311. comments and suggestions and the reactions of the trade union organisations.
312. At all events, the Government not only was receptive to the mission's
313. comments, but also expressed a profound desire to collaborate with the ILO,
314. and requested assistance in the form of examples of legislation adopted by
315. other countries and considered to be in conformity with international
316. standards. At the invitation of the mission, the Government undertook to
317. submit the Bills to the ILO, once they had been amended, for consultation
318. before they are adopted.
319. Lastly, in more general terms, the mission pointed out to the Government that
320. the radical changes which had occurred in Romania meant that there were no
321. major obstacles standing in the way of a rapid ratification of other
322. Conventions, in particular Conventions Nos. 135 and 144.
323. The mission would like to conclude this report by expressing its gratitude to
324. the Romanian authorities for their courtesy and receptiveness, for the
325. facilities they provided during its visit and in particular for the efforts
326. made by the Ministry of Labour to supply it at very short notice with a
327. translation of the above-mentioned draft legislation. The mission would also
328. like to thank the representatives of the trade union organisations and
329. confederations contacted for their co-operation.
330. B. Gernigon,P. Carrière.
331. APPENDIX
332. A. Ministry of Labour and Social Security (23 and 26 April)
333. Mr. Mihnea MARMELIUC, Minister
334. Mr. J. MOREGA Deputy, Minister
335. Mr. Gheorghe BADICA, Director, Directorate of Economic Legislation, Synthesis
336. and Supervision
337. Mr. Coriolan ATANASIU, Head, Foreign Relations Branch
338. Mr. Jon PACURARU, Adviser to the Minister
339. Mr. Babeanu CONSTANTIN, Specialist, foreign relations
340. B. Ministry of Foreign Affairs (23 April)
341. Mr. Valeriu TUDOR, Director
342. Mr. N. CEAUSU, Deputy Director, International Organisations
343. C. Free Trade Unions of the Printing and Allied Trades (24 April)
344. Mr. Mihaï IONESCU Chairman, Free Trade Unions of Printers of Romania
345. Mr. George MORMAN, Head, Free Trade Union of Printers (Bucharest Printing
346. Combine)
347. Mr. Ilarian TENE, Secretary, Free Trade Union of the Bucharest Printing
348. Combine
349. D. National Confederation of Free Trade Unions
350. Provisional National Committee (24 April)
351. Mr. Stefan CALINESCU, General Co-ordinator
352. Mr. Gavrila HENTER, Co-ordinator
353. Mr. Adrian MIRCEA, Federation of Free Trade Unions in Metallurgy and Iron and
354. Steel Industries, member of the National Committee of the NCFTU
355. Mr. Eugen CORLAN Free Trade Union of Cernavoda Atomic Power Plants, member of
356. the National Committee of the NCFTU
357. E. Fraternity Confederation of Independent Trade Unions ("Fratia") 24 April
358. Mr. Ian POPESCU, Vice-Chairman
359. Mr. Paul FLORESCU, Economic expert
360. Mr. Sorin MAYER, Drivers' Trade Union, International Relations
361. F. Correspondent of the ICFTU in Romania
362. Mr. Mihaï TUDOSIE