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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Romania (Ratification: 1973)

1. Discrimination on the grounds of sex. The Committee notes with interest the draft text of the Law on Equality of Opportunities between Men and Women which covers both direct and indirect discrimination (section 2) in all aspects of employment, including the prohibition of sexual harassment in the workplace. In this connection, the Committee wishes to recall that its 1996 General Survey on equality of opportunity and treatment in employment and occupation stated that in view of the gravity and serious repercussions of sexual harassment, the practice should be considered as being discriminatory on the grounds of sex. The Committee further notes the Government's statement that the draft law has been evaluated on its accordance with European law on equality and that training on equality-related issues is envisaged for the staff of the Ministry of Labour and Social Protection. The Committee notes however that the draft law has been pending in Parliament for almost two years and is still being debated. It hopes that progress will be made soon on its adoption and that a copy of the legislation will be sent to the Office. It also understands that a draft law on paternity leave is pending in Parliament and that a study on harmonizing family and career is under way. The Committee requests the Government to keep it informed of the outcome of these initiatives and to provide it with a copy of the study on harmonizing family and career as well as of the text of the law on paternity leave, upon adoption.

2. The Committee further notes from the Government's report that the Ministry of Labour and Social Protection recently submitted to the Government a draft decision on the creation of a consultative interministerial commission on equal opportunities, and that an advisory and consultation centre has been established for disadvantaged women. The Committee understands that for the first time a tripartite seminar on women in the labour market was organized by the Ministry of Labour and Social Protection (September 1999), which formulated a number of recommendations with regard to the promotion of equal opportunities of men and women in employment and occupation. The Committee welcomes all of these initiatives and would be grateful if the Government would continue to inform it of their impact on the promotion of equality between men and women in employment and occupation. It also hopes to receive information on any follow-up action, in cooperation with the employers' and workers' organizations, of the recommendations made at the tripartite national seminar. The Committee further wishes to point to the importance of statistics, studies, and other forms of research as a means of assessing the action taken and the progress made in pursuance of the national policy to promote equality of opportunity and treatment in employment and occupation. The Committee therefore requests the Government to provide in its next report any information available (including statistics, surveys and studies) which may allow the Committee to assess the changes which have occurred on the employment of women in respect of access to training, access to employment and conditions of work in the various branches of activity and the various occupational levels.

3. Enforcement of equality provisions. Further to its observation, the Committee notes that section 6(1) of Act No. 108/1999 on labour inspection provides that the Labour Inspectorate is responsible for monitoring, in the field of labour relations, the access to the labour market of all workers without discrimination, and compliance with the specific provisions relating to young persons, women, and other disadvantaged categories of workers. The Committee requests the Government to provide information in its next report on the specific action taken by the Labour Inspectorate in the effective application of the provisions and policies concerning equality of opportunity and treatment in employment and occupation. The Committee also notes from the Government's report that the Ministry of Labour and Employment is collaborating with non-governmental organizations to provide specialized training on equality of opportunity in employment for the Labour Inspectorate. The Committee has pointed out in its 1988 General Survey (paragraph 193) the special importance of the Labour Inspectorate being properly trained as regards questions of equality, and requests the Government to provide information on the training for labour inspectors on equality-related issues in employment and occupation.

4. Referring to its previous request, the Committee understands that a Department for Child, Women and Family Protection has been set up within the newly established Advocate of the People. The Committee hopes that the Government's next report will contain information on the activities of the Advocate of the People, including the abovementioned Department, in so far as they affect the application of the principle of equality in employment and occupation set out in the Convention.