Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report. It also notes the observations of 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU).

In earlier comments, the Committee noted the adoption of Act No. 429/2003 amending the Constitution, Act No. 53/2003 on the new Labour Code and the new Act on trade unions, No. 54/2003. The Committee noted that Act No. 188/1999 on civil servants has been amended by Act No. 251/2004 and Act No. 251/2006 of 22 June 2006. From the information supplied by the Government, it notes that the new “social stability pact, 2004” concluded by the social partners, provides for resumption of the discussions on the law governing labour disputes and that governing labour courts. The Committee requests the Government to inform it of any developments in these matters.

Articles 2 and 3 of the Convention. The Committee noted in earlier comments that section 221(2) of Act No. 53/2003 prohibits any interference by the employer or by employers’ organizations, either directly or through their representatives or members, in the establishment of trade unions or in the exercise of trade union rights. Act No. 54/2003 provides for similar protection. Section 235(3) of Act No. 53/2003 prohibits any interference by employees or trade unions, either directly or through trade union representatives or members, in the establishment of employers’ organizations or the exercise of their rights. The Committee again asks the Government to indicate the penalties for acts of interference.

Article 6. Public servants. The Committee observes that Act No. 188/1999 on civil servants was amended by Act No. 251/2004. In its report, the Government indicates that civil servants may form organizations, join them and perform any kind of duty in them. They have the right to associate in occupational organizations or any other type of organization the aim of which is to represent their own interests, promote vocational training and protect their status. Concerning Act No. 251/2006 of 22 June 2006 amending and supplementing Act No. 188/1999 on the status of civil servants, and is waiting for it to be translated and will therefore wait for the translation before expressing its views on any particular issues relating to the Convention. It notes the ICFTU’s assertion that public employees may bargain for everything except salaries, which are set by the Government. The Committee reminds the Government that restrictions of this kind on collective bargaining are contrary to the Convention. It requests the Government to send its comments on the ICFTU’s observations and to send to the ILO, in one of its working languages, the text of the provisions that govern collective bargaining for public employees and officials not engaged in the administration of the State, together with information on collective agreements concluded in the public sector in the last three years.