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Dock Work Convention, 1973 (No. 137) - Romania (RATIFICATION: 1975)

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Article 5. Cooperation between employers’ and workers’ organizations. The Government reports that, pursuant to Law No. 62/2011 on social dialogue, which seeks to establish a permanent tripartite social dialogue framework, the sectoral social partners are consulted in commissions established at the level of the relevant ministry or the local public authority on all regulatory initiatives, strategies and measures. The Committee requests the Government to describe the arrangements for cooperation between employers’ and workers’ organizations in the dock work sector in improving the efficiency of work in ports, and the participation, if any, of the competent authorities in these arrangements.
Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied, including, for instance, copies of collective agreements or any new regulations in force on dock work and on the employment and working conditions of dockworkers, extracts from reports by the authorities responsible for the application of measures giving effect to the Convention, and any available information on numbers of dockworkers on the registers maintained and the variations in such numbers.

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National policy to provide permanent and regular employment for dockworkers. The Committee notes with interest the replies provided by the Government to its 2002 direct request, including the English version of the relevant provisions of Law No. 528 of 17 July 2007 by which Ordinance No. 22 of 29 January 1999 on port administration and port services was approved. The Government also appended a detailed text on Romanian Maritime Ports Operation Regulations, published by the National Company of Ports Administration, Constantza. Professional training is assured by a “port school”, a non-profit association specialized in providing training for all categories of dockworkers. The Committee further notes that according to the statistical data provided in the report, the number of registered dockworkers remained stable (3,595 dockworkers were registered in January 2003 and 3,722 were registered in June 2007). The Committee invites the Government to continue to provide information in its next reports on the results achieved at the tripartite level in improving the efficiency of work in ports (Part V of the report form).

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The Committee notes the Government’s report and the information supplied in answer to its direct request of 2000. It notes the information on the practical application of Ordinance No. 22/1999 on Port Administration and Port Services, particularly the activities of the dockworkers’ employment and vocational training agencies, and the particulars of some of the measures implemented pursuant to the collective labour agreement by the "Port Units Group" (CCM-GUP) to attenuate the adverse effects of the reduction in the number of dockworkers. It also welcomes that an initiative of the National Federation of Dockworkers Unions Constata in cooperation with the dockworkers’ union of Copenhagen and the financial support of the PHARE programme, has resulted in a school being created in Constata for the purpose of offering dockworkers vocational training and retraining.

The Committee requests the Government to continue to provide information on the practical effects given to Ordinance No. 22/1999, and the CCM-GUP collective labour agreement, and on the activities of the Constata school for dockworkers. The Government may find it useful to send with its report available statistics or extracts of the reports of the Territorial Labour Inspectorates and the Civil Navigation Inspectorate. The Committee hopes that the information supplied will also cover the activities of the dockworkers’ employment and vocational training agencies and will show, in particular, the numbers of dockworkers on their registers and variations in these numbers (Part V of the report form).

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The Committee notes the Government’s report for the period ending in July 1999. It notes with interest that the Government has adopted Ordinance No. 22/1999 on port administration and port services in order to give full effect to the provisions of the Convention.

Noting that section 37 of the above Ordinance establishes that reserve personnel entitled to the compensation provided for in section 36 shall be dismissed after 90 days’ payment of the compensation, the Committee asks the Government to indicate whether, in practice, these workers are struck from the registers kept by employment and vocational training agencies and to describe in detail the measures taken pursuant to the provisions of Article 4(2) of the Convention, to minimize the detrimental effects on dock workers of the reduction in strength of registers. The Government is also asked to supply information on how effect is given in practice to Article 6, particularly with regard to vocational training for dockers which comes in the purview of employment and vocational training agencies pursuant to sections 22 and 23 of the abovementioned Ordinance No. 22.

With reference to the information requested under Part V of the report form, the Committee asks the Government to provide particulars of the implementation in practice of Ordinance No. 22/1999 including, for instance and as far as possible, extracts from reports by the abovementioned employment agencies concerning the number of dockers on their registers and any changes.

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The Committee has noted the succinct information contained in the Government's report for the period ending in September 1997. It notes in particular the information according to which the Convention is applied through a collective agreement concluded in 1997 by the Federation of Dockworkers' Trade Unions and port employers' associations.

To help it assess the effect given to all the provisions of the Convention, the Committee requests the Government to provide, in its next report, more detailed information of the application of each Article, in accordance with the report form adopted by the Governing Body. The Government is also asked to provide a copy of the collective agreement in question it its report as well as copies of any other relevant texts.

[The Government is asked to report in detail in 1999.]

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