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

Maternity Protection Convention, 2000 (No. 183) - Romania (Ratification: 2002)

Article 2 (atypical forms of dependent work) read in conjunction with Article 6(2) of the Convention (benefits securing a suitable standard of living). The Committee notes that, according to information available from Eurostat, in 2011, Romania has one of the highest rates of persons at risk of poverty or social exclusion in the European Union – 40 per cent of the population, with a relatively high proportion of employed persons at risk of poverty (18.9 per cent). According to Eurostat, among part-time workers, the in-work at-risk-of-poverty rate was 61 per cent in 2012. In this situation, the Committee welcomes the fact that the minimum threshold of maternity benefit reported by the Government (600 Romanian new lei (RON) per month) exceeds the at-risk-of-poverty threshold established by Eurostat at 60 per cent of median equivalized income, that is to say, RON448 per month. The Committee notes also the medical benefits package granted to women earning income lower than the national minimum gross wage. Taking into account that maternity benefit represents 85 per cent of the previously insured earnings, which in certain cases may be lower than the national minimum wage, the Committee would like the Government to specify whether all employed women have the right to receive maternity benefit at the guaranteed minimum level and, if not, what additional forms of protection were provided to ensure that the amount of cash maternity benefit remains at a level allowing maintenance of the mother and child with a suitable standard of living, especially as regards women employed in atypical forms of dependent work, including part-time, temporary and domestic women workers.

Article 4(1). Minimum qualifying period for entitlement to maternity leave. Recalling that the Convention does not authorize the right to maternity leave to be made subject to the completion of a qualifying period, the Committee again asks the Government to explain whether a woman who has not been affiliated to the social security system for a minimum of one month would still be granted the right to maternity leave, regardless of whether she qualifies for cash maternity benefits during the duration of such leave.

Article 6(5)(6). Social assistance. Please indicate the maximum amount of benefits paid out of social assistance funds under the Emergency Government Ordinance No. 158/2005 to women who do not qualify for contributory cash maternity benefit.