Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection Convention, 1947 (No. 81) - Romania (Ratification: 1973)

With reference to its observation, the Committee would like to provide further information on the following points.

Legislation. The Committee notes the Government’s indications in its report, according to which various amendments have been made to the Act No. 108/1999 on the establishment and organization of the labour inspection, which seem to concern the application of various Articles of the Convention. However, the Committee notes that Government has not, contrary to its indications, attached a copy of this Act, nor copies of the other legislative text it refers to in its report. The Committee once again requests the Government to provide copies of Act No. 108/1999 on the establishment and organization of the labour inspection as amended, Government Decision (GD) No. 1377/2009 regulating the organization and functioning of the labour inspection, as amended, as well as a copy of Act No. 188/1999 issuing the civil service regulations, if possible, in one of the working languages of the ILO.

Articles 4, 6 and 7 of the Convention. Supervision and control by a central authority. Qualifications and conditions of service of labour inspectors. Further to its previous observation concerning staff changes and replacements in relation to the executive staff of various regional inspection offices, the Committee notes that 25 of the chief inspectors and deputy chief inspectors who had been removed from office in 2009 were reinstated in their positions following relevant court decisions. Furthermore, 88 of the 126 positions of chief inspector and deputy chief inspector were filled by competitive recruitment, in accordance with the recruitment criteria and procedures as stipulated in Act No. 188/1999 issuing the civil service regulations and GD No. 611/2008 issuing regulations for the career in the civil service, applicable to all civil servants. Candidates to the posts of chief inspector and deputy chief inspector are appointed by Ministerial Order upon proposal of the National Agency of Civil Servants following successful recruitment competitions organized by this agency. According to the Government, recruitment procedures are based on the principles of transparency, professional merit and competence and tenders are open and provide for equal access of all qualified candidates.

The Committee understands that the reduction in the salaries of labour inspectors by 25 per cent, which it had noted in its previous observation, has been reversed. Furthermore, the Committee understands that while improvements in the salaries of labour inspectors are not expected in the near future, a draft law on the status of labour inspectors, which is currently under consideration by the Ministry of Labour, the Family and Social Protection with a view to its submission to Parliament, provides for incentive payments for labour inspectors for up to 75 per cent in addition to their salaries.

The Committee understands that there is no specific training strategy for labour inspectors due to budgetary constraints and that training is mainly organized at the regional level. However, it notes that some efforts are currently being deployed for the development of unified inspection procedures, including through the drawing up of inspection templates for this purpose. The Committee requests the Government to keep it informed on any progress made in the process of adopting the labour inspection statute and to provide a copy of it, once it has been adopted. Emphasizing once again the importance it places on the treatment of labour inspectors in a way that reflects the importance and specificities of their duties and that takes account of personal merit, the Committee invites the Government to continue to provide information on the measures taken or envisaged in order to improve the conditions of service of labour inspectors.

Recalling that the Government may request technical assistance for this purpose, if it so wishes, it once again requests the Government to indicate the steps taken or envisaged for the elaboration of a training strategy of labour inspectors, and to continue to provide information on the frequency, content and duration of training available to labour inspectors, as well as the number of participants.

Articles 10 and 16. Resources of the labour inspection system and inspection visits. The Committee regrets to note that, according to the Government, between 2011 and 2012, the number of positions foreseen throughout the structures of the labour inspection system was reduced by 365 and that the number of labour inspectors decreased from 1,922 to 1,785. According to the Government, pursuant to the Emergency Ordinance No. 34/2009 which is still in force, the filling of vacancies in public sector positions is suspended, and only in exceptional and duly justified cases, a maximum 15 per cent of all vacant positions may be filled.

It also notes from the Government’s report that, during the same period as indicated above, the number of inspected enterprises decreased from 188,105 to 175,121 and the number of inspections from 193,382 to 176,870. Noting that the activities to combat undeclared work require the mobilization of considerable resources, the Committee requests the Government to ensure that the inspectorate is provided with the necessary resources to secure the effective discharge of its primary duties under Article 3(1) of the Convention. It also requests the Government to indicate the number of inspectors, nature of activities and time estimates for their accomplishment, disaggregated by units of the labour inspectorate at the central and provincial level.

Articles 13, 17 and 18. Prevention and enforcement measures. The Committee notes the Government’s indications that section 19(k) of Act No. 108/1999, in its amended version, gives effect to Article 13(2) of the Convention. Since the Government has not provided the Office with a copy of this Act, the Committee is not in a position to make an assessment of the application of this Article of the Convention in national law.

The Committee also notes the information in the Government’s report that, between 2011 and 2012, the number of orders by labour inspectors in the event of serious or imminent danger to the health or safety of the workers concerning the prohibition of the use of work equipment decreased from 1,058 to 450, and those concerning the stoppage of work decreased from 249 to 110. It further notes that the number of referrals by labour inspectors to the criminal investigation authorities for the failure of the natural or legal persons to observe OSH provisions increased from 29 to 87 cases. The Committee requests the Government to explain the reasons for these trends and to indicate the measures taken to address them. It also requests the Government to continue to provide information on inspection actions falling under both Articles 13 and 17. Noting that the Government has not provided the requested information, the Committee once again asks it to provide information on court decisions issued following prosecutions instituted at the initiative of the labour inspectorate, with an indication of the branches of activity and the legal provisions concerned.