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

Collective Bargaining Convention, 1981 (No. 154) - Romania (Ratification: 1992)

Article 1 of the Convention. Application of the Convention in the public service. In its previous comments, the Committee requested the Government to clarify whether budgetary institution employees are regarded as public servants under Act No. 188/1999 on the status of public servants, as amended by Act No. 251/2004. The Committee notes the Government’s indication that the status of budgetary institution employees varies according to the institution and type of employment relationship. They may have the status of public servants, a special status or even the status of contract staff in which case they are subject to the provisions of the Labour Code.

The Committee notes the indication that the staff excluded from the scope of the status of public servants under section 6 of the Act (personnel not exercising public authority prerogatives; salaried personnel recruited to the dignitary’s cabinet; teachers) are subject, where appropriate, to the labour legislation or to specific legislation (status of teaching personnel or status of magistrates and prosecutors). The Committee requests the Government to indicate whether each of the categories of personnel who are excluded from the status of public servants under section 6 of the above Act benefit from the right to collective bargaining, as established by the Convention.

The Committee notes the Government’s statement that it wishes to amend certain laws in consultation with the social partners in order to extend collective bargaining to all branches according to the spirit of the Convention and in order to comply with ILO standards and European directives. It is also envisaging the adoption of an act on the salaried employment of budgetary institution personnel. The Committee requests the Government to indicate any developments in this regard.

Article 2. Scope of collective bargaining in the public sector. The Committee recalls that the Convention provides that the term “collective bargaining” extends to all negotiations for: (a) determining working conditions and terms of employment; and/or (b) regulating relations between employers and workers; and/or (c) regulating relations between employers or their organizations and a workers’ organization or workers’ organizations. The Committee previously requested the Government to clarify whether collective bargaining in the public service is indeed strictly limited to the matters listed in section 61 of Act No. 188/1999. The Government refers to section 1(1) of the Act on collective labour agreements, 1996, which provides that collective agreements concluded between an employer or an employers’ organization and trade unions may cover working conditions, wages and other rights and obligations arising from industrial relations. The Committee understands that the Act on collective labour agreements applies to the private sector and possibly to part of the public sector. The Committee therefore requests the Government to take measures to ensure the gradual extension of collective bargaining in the public sector to all matters covered by Article 2 of the Convention.