Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Romania

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1973)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1975)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Conciliation and mediation. The Committee takes due note of the Government’s indication, in reply to its previous request for information on the time spent by labour inspectors on conciliation in comparison to their primary functions, that 0.28 per cent (1,646 hours) of labour inspectors’ total working time had been spent on conciliation for the period from 2013 to 2015. According to the annual labour inspection report for 2017 (2017 Annual Report) available on the website of the labour inspectorate, labour inspectors participated in 23 conciliation processes for collective disputes, while they performed more than 73,000 inspections in the areas of labour and employment relations.

Article 4 of Convention No. 81 and Article 7 of Convention No. 129. Supervision and control over the system of labour inspection by a central labour inspection authority. The Committee notes the Government’s indication that Law No. 108/1999 on the structure of the labour inspectorate was amended in 2012. It further notes that a new Government Ordinance 488/2017 (GO 488/2017) on the organization and functioning of the labour inspectorate entered into force in 2017. Moreover, pursuant to Government Decision No. 12/2017 on the organization and functioning of the Ministry of Labour and Social Justice (MoLSJ), the Labour Inspectorate (LI) which had been under the Ministry of Labour, Family, Social Protection and Elderly, is now under the MoLSJ. The Committee requests the Government to provide further information on the impact on the operation and functioning of the labour inspection system of the aforementioned restructuring of the Government and the LI.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers and their organizations. Following its previous request, the Committee notes with interest that tripartite consultative councils have been set up at the central and regional levels of the labour inspectorate in accordance with section 10 of GO No. 488/2017. The Committee further notes the Government’s reference to protocols concluded between the labour inspectorate and employers’ and workers’ organizations. The Committee requests the Government to provide information on the mandate, structure and functions of the central and regional tripartite consultative councils.

Articles 6 and 7 of Convention No. 81 and Articles 8 and 9 of Convention No. 129. Conditions of service of labour inspectors and training. The Committee previously noted the Government’s initiative to provide incentive payments for labour inspectors through the draft law which was under preparation and requested information on the improvements in the conditions of their services. The Committee notes with interest the Government’s indication that since 2015 there has been a 10 per cent increase in the salaries of all the employees of the labour inspectorate, and that a further 25 per cent increase of their gross monthly salary, including basic salaries, is envisaged from 2018 for civil servants under Act No. 153/2017 on remuneration of staff paid from public funds. The Committee also takes due note that this Act establishes a principle of motivating personnel in the context of recognition and reward for professional performance based on pre-established criteria (section 6(e)). The Committee further notes with interest the detailed information in the Government’s report that a number of regular and specific trainings were offered to labour inspectors for the years 2013–15 to upgrade their skills and professional knowledge in a range of areas, including statistical information on the total number of those who benefited from training. It also takes due note of the Government’s indication that the labour inspectorate monitors the implementation of an annual planning of professional training for labour inspectors, which is required under Act No. 188/1999 on the status of civil servants, as amended and updated.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits. The Committee previously noted the decrease in the number of labour inspectors. The Committee notes with concern the information provided by the Government and the 2017 Annual Report that the number of employees of the labour inspectorate has declined continuously due to challenges in filling vacant posts: there has been a reduction of more than 150 inspectors and nearly 250 staff in total from 2013 to 2017, amounting to a decline of 10 per cent in each category. The Committee also notes that this resulted in a drop in the number of inspections performed in the area of occupational safety and health (OSH). The Government’s report and the 2017 Annual Report indicate that an increasing focus is being placed on information and awareness raising for employers, workers, internal and external OSH service providers with a view to creating a culture of prevention. Noting the decline in the overall number of labour inspectors, the Committee requests the Government to provide information on the measures it is taking to address the significant number of vacancies with a view to ensuring that the number of labour inspectors is sufficient to secure the effective discharge of their duties. It requests the Government to continue to provide information on the number of labour inspectors, as well as information on the nature of their activities related not only to OSH but also other areas such as hours, wages and child labour.

Articles 13, 17 and 18 of Convention No. 81 and Articles 18, 22, 23 and 24 of Convention No. 129. Prevention and enforcement measures. The Committee notes the information provided by the Government, in reply to its previous comments, concerning the criminal prosecutions and convictions obtained in accordance with sections 37 and 38 of Act No. 319/2006 on OSH that gives effect to Article 13(2) of Convention No. 81. The Committee notes a significant drop indicated in the 2017 Annual Report in the number of inspectors’ orders in the event of serious or imminent danger to the health or safety of workers since 2011: nearly an 85 per cent reduction in the number of prohibition orders for the use of work equipment (1,058 in 2011 down to 167 in 2017); and a 68 per cent reduction in orders for the stoppage of work (249 in 2011 down to 80 in 2017). The Committee requests the Government to provide detailed information on the reasons behind the significant decrease in the number of orders issued in the event of serious or imminent danger to the health or safety of workers, for the use work equipment and for the stoppage of work.

Articles 14, 21(f) and (g) of Convention No. 81 and Articles 19, 27(f) and (g) of Convention No. 129. Notification of occupational accidents and cases of occupational diseases. The Committee notes the statistical information in the 2016 Annual Report on occupational injuries and diseases, including in agriculture, but observes that the 2017 Annual Report does not appear to provide comparable detailed information. The Committee therefore requests the Government to ensure that the labour inspectorate continues to collect statistical data on occupational accidents and diseases, including in agriculture, and to publish this information in its annual inspection report.

Issues specifically concerning labour inspection in agriculture

Article 9(3) of Convention No. 129. Specific training for labour inspectors in agriculture. The Committee notes the information provided by the Government, in reply to its previous requests, that some labour inspectors in agriculture attended the training courses offered for those covering labour relations and OSH during 2013–15, in accordance with the annual professional training programmes. The Committee once again requests the Government to take the necessary measures to provide labour inspectors with specific training on agriculture and related issues upon their entry into service and in the course of employment to enable them to acquire the technical knowledge required for the performance of their duties. It also asks the Government to continue to provide information on any developments achieved or difficulties encountered in this respect.

Articles 11, 12, and 13 of Convention No. 129. Collaboration with duly qualified technical experts and specialists. Collaboration with government services, public or approved institutions and the social partners. The Committee notes the Government’s indication, in reply to its previous comments, that labour inspectors in agriculture comprise university graduates in agricultural sciences and those with professional experience in the field of agriculture. It also takes due note that the labour inspectorate engages technical experts from the National Research and Development Institute for Occupational Safety and continues to strengthen collaboration with workers and their representatives with specific responsibilities for safety and health through information and joint activities.

Articles 14, 15 and 21 of Convention No. 129. Resources of the labour inspectorate and inspection visits. The Committee notes the detailed information contained in the Government’s report and the annual labour inspection reports on the number of labour inspectors and inspection visits related to OSH in agriculture. According to the 2016 Annual Report, the number of agricultural workplaces inspected and the number of employees in workplaces inspected both decreased, by 18 per cent and 19 per cent, respectively. The Committee requests the Government to continue to provide statistical information on labour inspection in agriculture.