Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Romania

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1973)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 1975)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 131 (minimum wage) and 95 (protection of wages) together.

Minimum wage

Article 2 of Convention No. 131. Appropriate sanctions. In its previous comments, the Committee requested the Government to provide information on the sanctions which may be imposed in relation to the minimum wage. It takes note of the Government’s indication in its report that section 260(1) of the Labour Code provides for fines in case of non-payment of the national guaranteed minimum wage and that the government decisions which are adopted to set the level of the minimum wage provide additional sanctions in case of employment contracts setting wages lower than the national minimum wage.

Article 3. Criteria for determining minimum wage levels. In its previous comments, the Committee requested the Government to provide information on the factors to be taken into consideration in fixing the minimum wage level. It takes note of the Government’s indication that these factors are: (1) the evolution of the macroeconomic indicators; (2) the minimum consumption basket; and (3) the European and national objectives of Romania that include convergence towards the minimum wage levels of the Euro area.

Article 4(2). Participation of the social partners. In its previous comments, the Committee requested the Government to provide detailed information on the consultation of the social partners for the fixing of the minimum wage. The Committee takes note of the Government’s indication that: (1) the level of the national minimum wage is determined by the National Tripartite Council for Social Dialogue (NTCSD); (2) the decision of the NTCSD is then submitted to the Economic and Social Council (ESC) for endorsement; and (3) the decision endorsed by the ESC is subsequently approved by the Government.

Protection of wages

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

The Committee notes that in June 2017 the Governing Body approved the report of the tripartite committee set up to examine the representation submitted by the Federation of Free Trade Unions of the Chemical and Petrochemical Industries (FSLCP) under article 24 of the ILO Constitution (document GB.330/INS/7/1). Noting that the representation concerned issues related to the application of Articles 11 and 12 of Convention No. 95, the Committee will examine these matters in its comments below.

Article 4 of Convention No. 95. Partial payment of wages in kind. In its previous comments, the Committee requested more information on the conditions in which the partial payment of wages in kind may be authorized. It notes the Government’s indication in its report that in accordance with section 166(3) of the Labour Code, such payment is only possible if expressly stipulated in the applicable collective or individual labour contract, and if the conditions established under section 165 of the Code are respected. Section 165 provides that where payment in food, housing or other facilities is stipulated in the collective or individual labour contract, the amount of money due for the work performed shall not be lower than the gross national minimum wage. The Committee notes that the terms “other facilities” may cover a large range of possible allowances in kind and that, while the threshold of payment in cash corresponding to the minimum wage is an important protective measure, section 165 does not address the determination of the value attributed to allowances in kind. The Committee recalls that in accordance with Article 4(2), appropriate measures shall be taken to ensure that: (a) allowances in kind are appropriate for the personal use and benefit of the worker and his family; and (b) the value attributed to such allowances is fair and reasonable. The Committee therefore requests the Government to provide information on the measures taken or envisaged in this respect.

Article 11. Protection of workers’ wage claims in the event of the employer’s bankruptcy. With regard to its previous comments on this matter, the Committee notes that pursuant to section 161 of Law No. 85/2014 on insolvency prevention procedures and insolvency procedures, wage claims are ranked third in the order of privilege, after debts resulting from the expenses related to the insolvency procedure and debts from loans granted to the debtor during the observation period.

Article 12. Regular payment of wages and final settlement upon termination. The Committee notes that, in its report, the tripartite committee requested the Government to provide information on the application of Article 12. It takes note of the Government’s reference to section 166(1) of the Labour Code which provides that wages shall be paid at least once a month and section 166(4) which provides that the employer may be obligated to pay damages to cover the loss resulting from unjustified delays in the payment or the non-payment of wages. In addition, the Committee notes that wage claims, including claims concerning the final settlement upon termination, may be brought before labour courts, in application of sections 266–275 of the Labour Code and are adjudicated under an emergency procedure.