Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Romania (Ratification: 1958)

The Committee notes with interest the information supplied in the Government's report in reply to its previous direct request, to the effect that Act No. 14 of 1991 which allowed disputes to be referred to compulsory arbitration is no longer in force and that a large number of collective agreements were concluded in 1993.

It also notes the Government's reply to the comments of the World Confederation of Labour (WLC) and the Cartel Alfa National Trade Union Confederation, which contain complaints, inter alia, about section 8, paragraph 3 and section 12, paragraph 3 of Act No. 13 of 1991.

1. The above organizations contend that section 8, paragraph 3 of Act No. 13 of 1991 respecting collective labour agreements restricts the right of employers to collective bargaining by providing that the Chamber of Commerce and Industry shall appoint employers' representatives, and thus imposes on workers' organizations a bargaining partner which has to be recognized by the Government, since the establishment of Chambers of Commerce and Industry, which are not union-type associations, is subject to Government recognition under Legislative Decree No. 139 of 1990. The Government states in its report that a Bill on employers' organizations is in the process of being drafted and that section 8 of Act No. 13 of 1991 will be brought into line with it once it has been enacted.

The Committee notes this information and asks the Government to provide a copy of the Bill once it has been enacted.

2. The comments of the WLC and Cartel Alfa also concern section 12, paragraph 3, of Act No. 13 of 1991 which provides that a collective agreement applies as from the date of its registration. The Government explains that the purpose of this section is to enable the Ministry of Labour and Social Welfare to keep a check on the form of collective agreements and ascertain that they contain no clauses that are inconsistent with the minimum conditions of work set in the legislation.

The Committee considers that, if it is applied in this manner, section 12, paragraph 3 of Act No. 13 is not contrary to the requirements of the Convention.