Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the comments made by the Federation of National Education (FEN) concerning the alleged failure of the Government to implement pay increases for teaching staff in the State education system. More concretely, FEN indicates that in October 2008 the Chamber of Deputies of the National Parliament adopted Act No. 221/2008 awarding a 50 per cent pay rise to all teaching staff but the Government has systematically refused to apply the new legislation. The FEN adds that the Government first took the matter to the Constitutional Court and, when its challenge was dismissed, it decided to block the implementation of Act No. 221/2008 by making abusive use of the Prime Minister’s power to issue emergency ordinances. The first such ordinance was Emergency Ordinance No. 136/2008, which repealed Act No. 221/2008, but was later struck down by the Constitutional Court. According to the FEN’s detailed account, the Government has deliberately created through political manoeuvring and delaying tactics a confusing situation for the sole purpose of not honouring the wage entitlements of the employees concerned.

The Committee recalls that in its previous observation – following similar comments received from the Confederation of Democratic Trade Unions of Romania (CSDR) and the Free Trade Union Federation in Education (FSLI) – it expressed concern about the ongoing controversy over pay conditions of education personnel. Noting that the Government’s reply has not yet been received, the Committee requests the Government to transmit any comments it may wish to submit in response to the allegations of the FEN.