Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Protection of Wages Convention, 1949 (No. 95) - Romania (Ratification: 1973)

The Committee notes the Government’s report and the information provided in response to the previous direct request. In this connection, it wishes to draw attention to the following points.

Article 4 of the Convention. In reply to the Committee’s comments, the Government indicates that under article 37 of the national collective agreement for 1999-2000, agricultural workers may receive a part not exceeding 30 per cent of their wage in the form of allowances in kind. It also states that the new draft Labour Code which was officially communicated to social partners for discussion in November 1999, provides that up to 25 per cent of the wage due may be paid in kind. The Government further indicates that the employees of commercial undertakings, cooperatives and autonomous enterprises of the public sector as well as other persons employed by virtue of an individual labour contract, may receive a subsistence allowance in the form of meal coupons the cost of which is borne by the employer in accordance with Act No. 142/1998. The Committee, nevertheless, requests the Government to indicate the legislative provisions that prohibit the payment of wages in the form of alcohol or narcotic substances. Recalling that according to the Government’s report a new Labour Code is under preparation, the Committee hopes that the Government will not fail to take the necessary measures to ensure that payment in the form of allowances in kind is limited to industries or occupations where it is customary or desirable, that, where authorized, such allowances are appropriate for the personal use and benefit of the worker and his/her family, and that the value of such allowances is fair and reasonable. The Committee asks the Government to supply the text of the abovementioned collective agreement, the Act relative to meal coupons and the relevant provisions of the new Labour Code as soon as it is adopted.

Article 6. The Committee requests the Government to indicate measures taken or contemplated to ensure that employers are prohibited from limiting in any manner the freedom of the worker to dispose of his/her wage.

Article 7. In the absence of any information on this point in the report, the Committee again requests the Government to provide concrete information as to the extent to which company stores for the sale of commodities to the workers are established or services are operated in connection with an undertaking, and further to specify the measures taken or envisaged to guarantee that these stores are set up for the sole object of serving the interests of the workers.

Articles 8 and 10. The Committee notes that the Government refers to article 409 of the Code on Civil Procedure which lays down the conditions and limits for the attachment of and deductions from wages. It would appreciate the Government’s supplying a copy of the relevant provisions of the Code. Moreover, the Committee notes that, under article 10(1), (2) of the Emergency Ordinance No. 117/2000 to amend and supplement the Emergency Ordinance No. 58/2000 regarding measures to redress the financial situation of certain state-controlled enterprises, high ranking officials of those establishments may only receive the basic salary and other wage entitlements in their entirety on a monthly basis on condition that the approved deficit reduction targets have been successfully met while the salary reduction may not exceed 30 per cent. The Committee asks the Government to provide further clarifications in this regard, bearing especially in mind the requirement for regular payment of wages and the need to protect wages from unfair or excessive deductions in accordance with the relevant provisions of the Convention.

Article 13(1). The Committee notes that the Government’s report does not contain any information regarding the payment of wages on working days only and at or near the workplace, as provided for in the Convention. The Committee would be grateful if the Government could specify the legislative or regulatory provision, if any, which expressly gives effect to this requirement.

Article 14(b). While noting the information supplied on this point in the report, the Committee requests the Government to indicate the legislative provision that requires wage statements to be issued setting out the particulars of wages at each payment.

Part V of the report form. The Committee asks the Government to supply detailed information on the practical application of the Convention, including any difficulties encountered in the enforcement of national legislation.