Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Romania (Ratification: 1992)

The Committee notes the Government's first two reports. The first report indicated that tripartite consultations had been held within the context of the Office for Relations with Organizations of Workers and Employers and the Ministry of Labour and Social Protection on each of the matters enumerated in Article 5, paragraph 1, of the Convention, with the exception of proposals for the denunciation of ratified Conventions (point (e)).

The second report indicates the forthcoming establishment of an Economic and Social Council, the composition of which will be tripartite and which, among its other functions, will be responsible for receiving and examining denunciations by individuals and associations of cases of the non-observance of the social provisions of international treaties and Conventions, as well as for proposing appropriate solutions.

The Committee notes that this tripartite body will not have the competence to deal with matters relating to the standard-setting activities of the ILO, as they are enumerated in Article 5, paragraph 1, of the Convention.

It requests the Government to indicate in its next report whether the procedures for tripartite consultation relating to these matters will continue to be held under the responsibility of the Office referred to in the first report.

Furthermore, the Committee requests the Government to supply information on the following points, as requested in the report form:

Article 2 of the Convention. The Government is requested to describe the procedures which ensure effective tripartite consultations with respect to the matters set out in Article 5, paragraph 1; to report the manner in which these procedures were determined; and to indicate whether any tripartite consultations took place for this purpose.

Article 3, paragraph 2. In its first report, the Government stated that representatives of employers and workers participating in the consultations covered by the Convention are selected by the most representative organizations. The Committee would be grateful if it would indicate the measures taken to ensure their representation on an equal footing for the purposes of these consultations.

Article 4, paragraph 2. The Government is requested to provide information, where appropriate, on any arrangements made with the representative organizations of employers and workers for the financing of the training of participants in the consultative procedures covered by the Convention.

Article 5, paragraphs 1 and 2. The Committee particularly draws the Government's attention to the specific nature of the matters which should be covered by the tripartite consultations under the terms of the Convention. It emphasizes the duty of each State that has ratified the Convention to provide particulars to the ILO on the consultations held on each of these matters during the period covered by each report on the application of the Convention, including information as to the frequency of such consultations and the nature of any reports or recommendations made as a result of the consultations.

The Committee trusts that the Government will supply the information requested in each of its future reports.

Article 6. The Government is requested to indicate whether, as required by this provision, tripartite consultations have been held on the question of issuing an annual report on the working of the procedures provided for in this Convention. If so, please inform the Office of the results of these consultations.

Point V of the report form. In the light of the guidance given in the report form, please provide a general appreciation of the manner in which the Convention is applied.