Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes the Government's report and with regard to the Act respecting the amendment of Act No. 130/1996 on collective labour agreements and its supplement (hereafter referred to as the Amending Act).

The Committee notes that the above Act limits negotiations on collective agreements to 60 days. Recalling that under the Convention, voluntary negotiations of collective agreements should be promoted, the Committee requests the Government to indicate in its next report the procedure adopted when after 60 days of negotiations a collective agreement has not been concluded.

The Committee notes that the prescribed percentage for an employers' organization to represent employers on a national level has been reduced and that an employers' organization should be made up of employers representing at least 25 per cent of all sectors of activity. The Committee notes that to represent workers on a national level, workers' associations must represent 5 per cent of the workforce in at least 25 per cent of all sectors of activity. The Committee takes due note that the number of trade union members required for a trade union to be representative has been reduced to at least one-third of the total workforce of the enterprise.

The Committee requests the Government to provide a copy of the 1999 collective labour agreement as well as an up-to-date copy of the 1973 Labour Code. The Committee requests the Government to inform it of any developments with regard to the amendment of the Labour Code and to forward a copy of the legislative text as soon as it has been adopted.