Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Wage Fixing Convention, 1970 (No. 131) - Romania (Ratification: 1975)

Articles 3 and 4 of the Convention. Periodic review of the minimum wage – tripartite consultations. In its previous comment, the Committee requested the Government to describe in detail the institutional framework which permits tripartite consultations to be held for the review and adjustment of the minimum wage and also to specify the functions and tasks of different advisory bodies to which reference was made in earlier reports, such as the Economic and Social Council, the National Indexing Commission and the Social Dialogue Commissions.

In its latest report, the Government fails to provide any concrete information and merely refers to the overall objective of progressively narrowing the gap between the minimum and the average wage and also to the importance of ensuring that the periodic review of the minimum wage does not impact on macroeconomic indicators.

Recalling the need for full consultations and direct participation of employers’ and workers’ organizations at all stages of the minimum wage fixing process, and also noting that the national collective agreement 2007–10 has been denounced by the signatories employers’ associations and is no longer in effect since December 2010, the Committee once again requests the Government to provide detailed information on the form and the manner in which tripartite consultations are conducted for the determination of the gross national minimum wage. It also requests the Government to indicate the legal provisions, if any, which set out the elements to be taken into consideration in revising minimum wage levels, and to forward a copy of any relevant text(s).

In addition, the Committee notes the observations made by the Democratic Trade Union Confederation of Romania (CSDR) according to which following the conclusion of a tripartite agreement in 2008, the Government had committed itself to ensuring the accelerated increase of the gross national guaranteed minimum wage for the period 2008–14. Under the terms of that agreement, the minimum wage should have been raised to 860 Romanian New Lei (RON) (approximately US$244) in 2011, RON1,030 (approximately $292) in 2012, and to RON1,190 (approximately $338) in 2013 but the austerity measures imposed by the Government in 2010 resulted in the decrease of the amount of the minimum wage. The Committee requests the Government to provide any comments it may wish to make in response to the observations of the CSDR.

Article 5 and Part V of the report form. Enforcement measures – practical application. The Committee notes that the gross national guaranteed minimum wage was last revised by Government Order No. 1225/2011 and is now set at new RON700 (approximately $198) for 170 hours of work a month. It also notes the statistical information on the most recent labour inspection results according to which in 2011, fines totalling RON91,000 (approximately $25,700) were imposed on 197 employers for non-compliance with the minimum wage legislation while in the first half of 2012, RON47,700 (approximately $13,500) worth of fines were imposed on 122 employers.

In this connection, the Committee notes that whereas section 260(1) of the Labour Code provides for a monetary fine for non-payment of the minimum wage between RON300 and RON2,000 (between approximately $85 and $568), the Government’s report indicates that under Government Order No. 1225/2011, the non-compliance with the minimum wage legislation carries a fine of between RON1,000 and RON2,000 (between approximately $284 and $568). The Committee requests the Government to provide clarifications on this point and to continue transmitting up-to-date information on the practical application of the Convention.