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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body- 61. The Committee last examined this case, which concerns obstacles to
collective bargaining in a public institution (the Court of Audit), at its October 2013
meeting [see 370th Report, approved by the Governing Body at its 319th Session, paras
93–95]. On that occasion, noting with regret that the Government had not provided any
information on the developments in the negotiation of a collective labour agreement
between senior officials of the Court of Audit and the trade unions active within it, or
in the work of the committee that was established previously to monitor relations
between the Court and the trade union organizations, the Committee had once again
requested the Government to continue to inform it of any new developments in that
regard.
- 62. In a communication dated 6 February 2014, the Government states that
no dispute has been reported at the Court of Audit. Indeed, the trade unions of the
Court of Audit and the senior officials of the Court of Audit, freely participating in a
collective bargaining process, have agreed to the adoption of “special statuses” (the
status of public auditors and the status of members of the Court of Audit) by means of
which they established the rights, working conditions and terms of employment of
staff/members of the Court, in accordance with national legislation. In addition, the
parties are free to bargain collectively and to reach agreement on terms that are more
favourable than those stipulated by labour legislation, and accordingly the staff of the
Court of Audit have, as a result of their special status, terms of employment that are
clearly superior to those of other categories of officials or budgetary staff. Moreover,
neither the actions of the Romanian Government to encourage collective bargaining nor
the recommendations of the Committee of Experts on the Application of Conventions and
Recommendations can influence the outcome of this collective bargaining or the parties’
willingness to engage in collective bargaining based on the existence of a mutual
interest. The Government adds that collective bargaining takes place in full compliance
with Act No. 62/2011 on national dialogue and that the terms are negotiated in
accordance with the recommendations of the Committee of Experts.
- 63. The Committee notes this information and, in particular, welcomes the
indication that the trade unions and senior officials of the Court of Audit have agreed
on the adoption of “special statuses” establishing the rights and working conditions of
staff/members of the Court of Audit following a process of free collective bargaining
between the parties, the terms of which were negotiated in accordance with the
recommendations of the Committee of Experts.
