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

Hours of Work (Industry) Convention, 1919 (No. 1) - Romania (Ratification: 1921)

Article 6(2) of the Convention. Overtime pay. The Committee notes the observations made by the National Trade Union Confederation (CNS “Cartel ALFA”) in a communication received on 30 August 2012. CNS “Cartel ALFA” indicates that the Government’s report does not reply to the Committee’s previous comments and states that the Government has not taken any measures to ensure that overtime is paid at a rate at least 25 per cent higher than the normal rate, even in cases where the worker concerned is granted compensatory rest. The Committee notes that the Government, in its reply received on 25 October 2012, refers only to the provisions of Emergency Ordinance No. 80/2010 supplementing Emergency Ordinance No. 37/2008 regulating certain financial matters in the budgetary sphere, which it understands are applicable only to the public sector. It further notes the Government’s indications that, pursuant to Emergency Ordinance No. 80/2010, overtime worked by managerial staff is compensated for only in terms of free time. The Committee further notes that the Government, in its report on the application of the Convention, merely summarizes the relevant provisions of the Labour Code, without indicating its intention to amend them in order to ensure their conformity with the Convention. It recalls that, in its direct request of 2008, it asked the Government to take measures to ensure the higher rate of pay for overtime in all cases, whether or not compensatory rest is granted. The Committee also emphasized that the Labour Code does not stipulate the number of overtime hours which are authorized, as required by this Article of the Convention. The Committee hopes that the Government will take the necessary measures without delay to bring the national legislation into conformity with Article 6(2) of the Convention and requests it to keep the Office informed of any further developments in this matter.

Articles 2 to 5 and 6(1). Daily hours of work – Unequal distribution of weekly hours of work – Cases in which overtime is authorized. The Committee recalls that, in its observation of 2011, it pointed out that the adoption of Act No. 40/2011 of 31 March 2011 amending the Labour Code did not reply to the comments made in its direct request of 2008 regarding the application of these provisions of the Convention. These comments were concerned in particular with section 115 of the Labour Code (former section 112), which allows daily hours of work to be increased to 12 hours and regarding which the Committee emphasized that the daily limit of eight hours established by the Convention may only be exceeded in the specific cases referred to in Articles 3 to 6 of the Convention. The Committee also referred to section 113(2) (former section 110(2)) of the Labour Code which, combined with the national collective agreement, allows the unequal distribution of weekly hours of work, increasing daily working time to a maximum of ten hours on certain days. The Committee drew the Government’s attention to the fact that Article 2(b) of the Convention only authorizes the unequal distribution of weekly hours of work if daily working time does not exceed nine hours. Finally, the direct request referred to section 120(2) of the Labour Code (former section 117), which does not provide a restrictive list of the situations in which overtime may be worked, except for cases of force majeure or work that needs to be done urgently. The Committee recalled that, except for the two abovementioned cases, Article 6(1)(b) of the Convention only authorizes overtime work to enable the employer to deal with exceptional cases of pressure of work. The Committee asks the Government to take the necessary steps as soon as possible to ensure the implementation of these provisions of the Convention and to inform the Office of any decisions taken in this regard.