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

Individual Case (CAS) - Discussion: 2005, Publication: 93rd ILC session (2005)

A Government representative explained that section 256 of the Labour Code, which provided for a special law to regulate the functioning and organization of the labour inspectorate, should not be understood in the sense of repealing existing legislation. Such special law regulated the organization and functioning of the labour inspectorate within the general framework of Labour Code. Both Act No. 108/1999 on Labour Inspection and the respective Regulation approved by Government Decision No. 767/1999 had been drafted in accordance with the provisions of Convention No. 81, so there was no need to repeal these texts.

The speaker indicated that Articles 13 and 17 of Convention No. 81 concerning the powers of labour inspectors were implemented by Act No. 108/1999 on Labour Inspection, which provided for compulsory measures in order to remedy any deficiencies found, including the application of penalties, taking out of service any technical equipment in case of imminent danger of accident, as well as informing the prosecutor of cases considered as criminal offences. Statistical information on the exercise by labour inspectors of their powers to initiate legal proceedings could be found in the Annual Report of the Labour Inspectorate that would be transmitted to the ILO in the near future.

Since the Labour Code did not provide for penalties applicable to employers for the non-observance of the provisions on hours of work and rest periods, the Labour Inspectorate had initiated proposals to amend and supplement it in this respect. The Government was discussing the amendments to the Labour Code with the representative trade unions and employers' organizations. The texts of the amendments would be communicated to the ILO after approval by the competent authorities.

The speaker further indicated that confidentiality of the source of complaints was ensured by the Law on Labour Inspection, and any case of infringement was punishable with appropriate penalties and could be brought before the Discipline Commission of the Territorial Labour Inspectorate. Provisions concerning confidentiality would be also included in the Statute of the labour inspector, the adoption of which was scheduled for 2005. However, she noted that in the records of the Labour Inspectorate there were no registered complaints related to non-compliance by labour inspectors with the provisions on confidentiality of the source of complaints.

Concerning the application of adequate penalties in the sense of Article 18 of the Convention, the speaker indicated that, in order to take into account inflation, the amount of financial penalties set by the legislation had been increased in 2002 by Government Decision No. 238/2002, a copy of which would be transmitted to the ILO in the near future, together with the other documents requested by the Committee of Experts.

As regards the training of labour inspectors, which was carried out within the framework of a national programme for professional training, the speaker mentioned two projects implemented with the assistance of the Ministry of Labour and Social Affairs of Spain, as well as the training programme planned at the National Institute of Administration on applying labour legislation.

Finally, the speaker pointed out that the Government was determined to pursue its efforts to improve the legislative framework in compliance with the provisions of ILO standards.

The Worker members recalled that, since 2003, Romania had a Labour Code which provided that, in order to put into operation its provisions relating to the organization and functioning of the labour inspectorate, a special law should be adopted to that effect. In this regard, Convention No. 81 provided that officials of the labour inspectorate had to be impartial, while exercising their functions under the supervision of a central authority, to be adequately trained, to be assured of stability of employment to guarantee their independence and, lastly, to be sufficient in number. Besides, the labour inspectors must benefit from the reimbursement of any professional expenses connected with the performance of their duties, in order to have the highest possible autonomy. In this regard, it followed from the Committee of Experts' report that the system of the reimbursement of their professional travel expenses was under revision, but that more information was required on this matter. The Committee of Experts also noted that the Government was undertaking measures to strengthen the administrative capacity of the labour inspectorate, the scope of these measures was not yet known and their conformity with Convention No. 81 and coherence with other applicable legislative texts should be examined. The Worker members also stated that they had been informed about a draft law aiming, inter alia, at the definition of the status of labour inspectors and hoped that the Government would keep the Committee of Experts informed on this point. The functioning of the labour inspectorate in its relationship with the complainants, as well as the putting into operation of the balanced policy of sanctions, constituted another important aspect of the legal framework of labour inspection. Thus, the Committee of Experts noted that the policy of sanctions in relation to the offences in the field of hours of work and rest periods was far from being transparent and requested clear and tangible information on the existing policy of sanctions. The Worker members supported this request and considered that it was an important question in the sense that the clear and non-equivo-cal policy of sanctions brought progress and social peace and contributed to the legal security of the complainants. This policy must be also really dissuasive in the sense that it should involve sanctions that were higher than any profit gained by perpetrators. The Government had to take these considerations into account in the course of the adaptation of its legislation.

In addition, the Worker members noted that, according to the Committee of Experts, the guarantees of confidentiality of complaints filed by the workers, particularly in the field of hours of work, were insufficient. However, the absence of the real guarantee of confidentiality opened the way to pressure or reprisals against potential complainants, which, in addition to the burden of proof borne by the workers, made their position even more difficult. These circumstances made the means at the workers' disposal to defend their rights purely theoretical, and the Government should provide information on the risks encountered by the workers who filed a complaint.

In conclusion, the Worker members wished that, in the nearest future, the Government, after having announced many reforms but having communicated little information as to their content, would furnish to the Committee of Experts the indications on the nature and the scope of the reforms envisaged.

The Employer members recalled that Convention No. 81 had been a subject of discussion in the present Committee in 1988. The Report of the Committee of Experts made reference to the enactment, in 2003, of the Labour Code, in which it was provided that a special law would govern the creation and organization of the labour inspectorate. The enactment of the said Code would not have repealed previous provisions relating to that subject, and labour inspection methods were being revised in accordance with European Union directives. Further clarification was required in order to adequately establish the legal texts that governed the organization and operations of the labour inspectorate.

With regard to Articles 13 and 17 of the Convention, relating to the powers of inspectors to take specific steps in serious and urgent cases, and to the liability to legal proceedings of persons who violated the provisions, such powers were provided for in other regulatory provisions. It was, therefore, a case of establishing whether the inspectors applied in practice the powers bestowed upon them by the Convention. That was difficult to establish, since the Government had not submitted an annual general report on labour inspection activities, as required under Articles 20 and 21 of the Convention.

As regards the provisions of Article 15(c) of the Convention, relating to confidentiality of the source of complaints, the Committee had requested that the Government provide it with information on how such confidentiality was guaranteed. Another aspect concerned Article 18 of the Convention, relating to adequate penalties for violations of legal provisions enforceable by inspectors and for obstructing inspectors in the performance of their duties. From the Report, the fact also emerged that the level of financial penalties was not adjusted to take into account inflation. The Committee of Experts would consider it regrettable if employers preferred to pay fines because they found them more economical than taking often costly occupational safety and health measures or paying workers' salaries on time. In the Employers' view, that economic assessment by the Committee of Experts ignored other mechanisms put at the disposal of inspectors by the Convention, such as the power to warn and advise, or even the powers provided for in Article 13, paragraphs 1, 2 and 3, which were as follows:

- to take steps with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health and safety of the workers;

- to order alterations to the installation or plant, to be carried out within a specified time limit, to secure compliance with the legal provisions relating to the health or safety of the workers;

- to adopt measures with immediate executory force in the event of imminent danger to the health or safety of the workers.

As regards Article 11, paragraph 2, of the Convention, relating to the arrangements to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the performance of their duties, the Employer members indicated that it was a matter of determining whether the amount of funds assigned to labour inspectors was enough to fulfil that purpose.

The Employer members noted that the Committee had noted with interest the detailed information received concerning the various measures adopted, which covered the training, the number of inspectors, procedural manuals, good practice guides for employers, etc.

Finally, the Employer members emphasized that the aforementioned information did not substitute or entirely cover the content of the annual general report specified in Article 21 of the Convention, and it was therefore hoped that the Government would be able to submit that report as soon as possible, in compliance with Article 20 of the Convention.

The Worker member of Romania stated that the need for the active labour inspection, which would have at its disposal adequate resources and powers, had always been advocated by the Romanian trade unions.

The existing problems seemed to result from the fact that the Labour Code adopted in 2003 provided for the adoption of a special law on the organization of the labour inspection, without repealing the old legislation in this field.

The legislation gave to the labour inspectorate the powers of supervision, command and pursuit and provided for a wide scope of sanctions. However, it might be noted that in practice the inspections resulted in simple notifications deprived of any force, even in case of multiple offences. Judicial complications led to the impunity of perpetrators. Due to the small amount of fines, the employers preferred to pay fines rather than to undertake changes and necessary costly reorganizations, while the non-respect of the confidentiality of the source of complaints by the inspectors exposed the workers to reprisals. Besides, under the pressure of the international financial institutions and foreign investors, the Government revealed the intention to abridge the Labour Code in an unacceptable way. The speaker, therefore, requested the Government to take appropriate measures to bring the legislation into conformity with the Convention and to assess the necessity of the technical assistance to harmonize or amend the Labour Code.

The Government representative, in response to questions raised by the Worker member of Romania regarding the confidentiality of sources of complaints to labour inspectors, stated that her Government would soon adopt measures to clarify this situation. She noted that the registry of the labour inspectorate contained no complaints regarding the confidentiality of complainants. This document, along with others requested by the Committee of Experts, would be transmitted soon.

The Worker members thanked the Government for the explanations it had given, particularly those relating to the efforts made to train inspectors in cooperation with another European Union country. They encouraged the Government not to reform the Labour Code under pressure from international financial institutions, but to do so in the light of ILO international labour standards, and reiterated their hope that the Government would provide the Committee of Experts, before its next session, with useful information regarding the scope and nature of the envisaged legislative reform. They particularly insisted on the need for a guarantee that the travelling expenses of inspectors would be adequately reimbursed, and also emphasized the questions of complaint confidentiality and the establishment of a transparent and dissuasive sanctions policy. The Committee of Experts should, in that respect, examine the conformity of both the Labour Code and the related draft amendments with ILO standards. If the Government did not provide the required information without delay, a technical assistance mission should be proposed.

The Employer members highlighted the positive aspects mentioned by the Committee of Experts. They requested that the Government take steps to clarify the legislative situation and that it submit an annual inspection report containing all the elements provided for in Articles 20 and 21 of the Convention, as well as all the other information requested by the Committee of Experts. If need be, the country could ask the Office for technical assistance to help bring itself into conformity with the Convention.

The Committee noted the information provided orally by the Government and the discussion that followed. The Committee noted that the issues raised by the Committee of Experts related to the shortcomings of a legislative. structural and logistical nature, which are hindering the proper operation of the Labour Inspectorate.

The Committee noted the statements made by the Government representative concerning the efforts made by his country to strengthen labour inspection by increasing the numbers of staff and undertaking training programmes for inspectors in the context of European and bilateral cooperation. According to the Government, following the adoption of a new Labour Code in February 2003, tripartite consultations had been held with a view to the amendment of the legislation, through the establishment of appropriate supervisory mechanisms, including methods for the determination and adjustment of financial penalties. The envisaged changes should improve compliance with legal provisions, particularly in relation to the use of overtime hours, weekly rest, night work and child labour. According to the Government, the level of the penalties applicable for violations of the labour legislation in general had been readjusted taking into account monetary inflation, under Decision No. 238 of 2002. A copy of this Decision and of certain texts respecting the travel expenses of labour inspectors would be provided to the Office in the near future. The Committee also noted the Government's commitment to provide detailed information in its next report to the Committee of Experts and to inform the Office of the outcome of the tripartite consultations held with a view to strengthening the inspection system, as well as on the draft revision of the status of the labour inspectorate.

The Committee encouraged the Government to pursue its efforts to strengthen the numbers and quality of human resources in the labour inspection services. It also requested it to take the necessary measures rapidly to bring the legislation into conformity with the Convention and to provide the relevant information requested by the Committee of Experts, as well as information on the nature and scope of application of the envisaged reforms. The Committee emphasized in particular that measures should be taken so that inspectors could discharge their functions effectively, as envisaged in Article 13 of the Convention, in the event of danger to the health or safety of the workers. It also requested the Government to ensure that, in accordance with Article 17 and 18, violations of the legal provisions enforceable by the labour inspector gave rise to legal proceedings against those responsible and that the penalties applicable were set in manner that remained dissuasive despite monetary fluctuations and that they were effectively applied.

The Committee drew the Government's attention to the importance of the principle of the confidentiality of sources of complaints, as set out in Article 15 (c) of the Convention, to ensure the protection of workers against any risk of reprisal by the employer. it further emphasized that the climate of confidence necessary for the collaboration of workers in inspection activities required strict respect for this principle by inspectors: it emphasized that it was the responsibility of the Government to ensure compliance with this principle and requested it to keep the Office informed of the progress achieved in this respect.

The Committee also reminded the Government of the need to take measures to ensure that an annual report was published and communicated to the ILO by the central labour inspection authority, in accordance with Article 20, and that it contained the information required by each of the clauses of Article 21, if possible in the manner set out in Recommendation No. 81, which supplemented the Convention. The Committee emphasized that the publication of a report of this nature was intended to provide visibility to the operation of the inspection system and to allow for its evaluation with a view to its improvement, taking into account in particular the views of the social partners. The Committee requested the Government to envisage, if necessary, having recourse to the technical assistance of the Office for the implementation of the relevant provisions of the Convention.

Individual Case (CAS) - Discussion: 1988, Publication: 75th ILC session (1988)

See under Convention No. 129, as follows:

The Government has communicated the following information:

Under Romanian legislation, labour inspection is carried out and co-ordinated by the Ministry of Labour and in the territories by the "Labour and Social Services Sections" and the Territorial Labour Protection Inspectorates.

The organisation, responsibilities and functioning of the above mentioned bodies are described in the Labour Code, Decree No. 783/1969 of the Council of State concerning the organisation and functioning of the Ministry of Labour, Law No. 5/1965 on the protection of labour and Law No. 57/1968 on people's councils.

Section 181 of the Code regulates the responsibilities of the Ministry of Labour as labour inspection body by providing:

"The Ministry of Labour, as the specialist central organ for labour questions, supervises the application of the legal provisions concerning the labour relations of persons on the work staffs of all state units, co-operatives and other non-state organisations and the legal provisions concerning labour relations formed with legal entities other than those mentioned above and with individuals.

The Ministry of Labour and the Labour and Social Services Sections supervise the application of legal provisions on work remuneration, labour standardisation, employment, the conclusion, execution and termination of labour contracts, and social insurance. The State Inspection Department for the Protection of Labour was created in the Ministry of Labour for problems of safety and protection of labour. This Department works at the central level - with specialised branches for various branches of the economy - and the territorial level, and has the following competences: to direct and supervise safety at work in order to guarantee proper conditions and prevent occupational accidents and diseases; to lay down together with the Ministry of health standards for safety at work and the setting up and use of equipment for protection at work and to supervise these; to control whether occupational safety measures are ensured when new production units or capacity are introduced and, together with the Ministry of Health, to deliver authorisation for full or partial operations; to verify the application of standards and work protection measures when drafting plans or new objectives for plant and machinery, as well as the methods for the attribution and utilisation of funds for occupational safety to study the causes of accidents and lay down preventive measures, supervising the registration, proof and reporting of occupational accident and diseases, to verify the proliferation of better equipment, operations, plant and other means of work protection throughout the economy; to direct and supervise information on occupational safety.

Inspectors for labour protection have the right to request enterprises to take measures to eliminate deficiencies in work safety; to require a total or partial stoppage of work in the units or on the machines concerned where non-observance of safety standards poses an immediate risk to the life, corporal integrity or health of the workers or the population; to detect offences of work safety standards and apply the corresponding sanctions provided by the legislation; to take and retain samples for analysis of materials and substances used or handled.

There is also a system of health centres for the control of epidemic diseases in administrative and territorial units. Under section 41 of Law No. 3/1978 concerning public health, these centres carry out health inspections as well as: authorising the functioning of all kinds of economic and social activities from the health angle; and withdrawing sanitary authorisation and ordering a stoppage or temporary restriction of activity in any kind of enterprise, as provided by the law.

The State Inspection for the Protection of Labour supervises all economic and social units (employing 10,600 people in 1985). In the same year, the number of units and workers in the main branches of the economy were as follows.

Branch Number of units Number of workers

- Industry 1 913 3 503 952

- Handicrafts 3 1200 41 600

- Construction - 692 700

- State agriculture 992 431 000

- Agriculture (co-operatives) 4 363 2 045 400

- Railways - 173 000

- Road transport - 369 900

- Transport (fluvial and waterways maritime) - 41 000

- Air transport - 8 600

- Telecommunications 4 979 8 1000

- Commerce 82 707 457 800

- Teaching, culture 64 724 412 800

- Science - 134 800

- Health, social services, sport - 286 100

Staff of the State Inspection for the Protection of Labour (central and territorial) normally have to spend four days per week on the supervision of economic and social units to verify how standards and technical safety requirements are met.

In 1985 there were 95,676 inspection units: 19,165 in industrial undertakings, 2,765 in construction enterprises, 15,900 in agriculture, 1,987 in transport, 5,900 in telecommunications, 16,085 in commerce, 17,000 in handicrafts units.

There have been about the same numbers of work accidents in recent years - fewer than 2. per 1,000 workers. But the number of fatal accidents decreased each year: reaching in 1987 a level of 0.100 for 1,000 workers, that is 3 per cent less than in 1986. There is also a general tendency for the serious cases to diminish. Similarly the number of days lost per worker following work accidents was 3.2 per cent lower in 1987 than in 1986 and the average time lost through temporary incapacity was 2.5 per cent less.

As a result of the inspections, 48,500 infringements of safety standards - most technical only - were detected: 38,442 fines worth 26,535,400 lei and 6,100 disciplinary sanctions were imposed. Eighty per cent of these sanctions were applied to management personnel at the unit or sector level. For non-observance of work safety standards 107 persons were dismissed from posts of responsibility. Three hundred and seventeen persons of the same category were referred to the courts. Work was stopped in 5,600 places.

In addition, a Government representative referred to the written information which his Government had supplied and stated that it wished to assure the Committee that in the future the Government would provide the information available, in accordance with Articles 20 and 21 of the Convention.

The Worker member of the United States was glad to hear the promise of progress in relation to the required publication of an annual general report on the work of the inspection service, containing the information enumerated in Article 21 of the Convention. These reports were extremely important, since their communication to the ILO permitted an assessment of the practical results of labour inspection. The Committee of Experts had formulated a general observation on this matter in 1986, and this year it had noted with concern in paragraph 59 of its general report that a number of countries were not applying the provisions of Articles 20 and 21. Since ratifying this Convention in 1973, Romania had not sent a single labour inspection report to the ILO. The speaker stressed the need to remedy this situation. He wished to have confirmation of his understanding of the Government representative's statement, i.e. that the Government intended to comply immediately.

The Workers' members supported the statement of the Worker member of the United States; they wished to add, however, that the written information which the Government had supplied did provide some information on inspection in various sectors. A country had to know what its obligations were under this most important Convention. To date, those obligations had not been satisfied.

The Employers' members concurred that the Convention on labour inspection was a very important one. Practically nothing was known about Romania in regard to labour inspection because no reports had been provided. The Committee of Experts' observation was short because of this lack of information. The Government had been failing to provide inspection reports for 15 years now. The Employers' members hoped that the information which the Government had provided in writing denoted a beginning and that full reports meeting the requirements of the Convention would be provided henceforth. These yearly reports also were one of the most important sources for determining whether requirements under other Conventions were being met.

The Government representative wished to correct a misunderstanding. There was no legislation in Romania providing specifically for the publication of a special labour inspection report. These reports were published in general reports on the accomplishment of the Plan and in other documents. Up to now, the Government had believed that this was sufficient. In the future, the Government would prepare a special report for the ILO, based on data published in various state documents, which would reply to all the questions posed.

The Workers' members thanked the Government representative for his promise that as from now, the terms of Articles 20 and 21 of the Convention would be strictly applied and that the Government would send labour inspection reports. The Workers' members attached great importance to labour inspection and believed that sometimes it was not given sufficient attention.

The Committee noted the written and oral information supplied by the Government. It regretted that no inspection report had been supplied and that no reply had been sent in time for examination by the Committee of Experts. It had to urge the Government to take the necessary measures to meet the requirements of the Convention as regards the regular publication and communication of annual labour inspection reports.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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 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 previously noted the 2012 amendment of Law No. 108/1999 on the organization of the labour inspectorate, as well as Government Decision No. 488/2017 and Government Decision No. 12/2017 regarding the organization and functioning of the labour inspectorate under the Ministry of Labour and Social Justice. It requested information on the impact of this restructuring.

The Committee notes the Government’s information in its report that the Ministry of Labour and Social Justice is the superior body of the labour inspection services. The labour inspectorate performs the function of state authority that provides the exercise of control in the fields of labour relations, occupational safety and health at work and labour market surveillance, and it has 42 territorial labour inspectorates. The Unit for the Food Industry, Agriculture, Public Administration, Education and Culture, under the Directorate of Occupational Safety and Health, coordinates the supervision in agriculture, with four labour inspectors at the central level and between one and three within each territorial labour inspectorate. The Committee notes the information of the Government.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers and their organizations. The Committee previously noted with interest the establishment of tripartite consultative councils at the central and territorial levels of the labour inspectorate in accordance with section 10 of Government Decision No. 488/2017, as well as the conclusion of protocols concluded between the labour inspectorate and employers’ and workers’ organizations.

The Committee notes that the mandate and functioning of tripartite consultation councils is provided for by section 3 of the Regulation of the organization and functioning of the labour inspectorate and section 10 of the Regulation on organization and functioning of territorial labour inspectorates, which were approved by Order of the Minister of Labour and Social Justice No. 1095/2018. According to these provisions, the functioning of the tripartite consultative council at the central level is determined by a decision of the State Inspector General, and at the territorial level by decisions of each territorial chief inspector. The Committee requests the Government to provide further information on the functioning of tripartite consultative councils at both the central and territorial levels, including their composition, the frequency of meetings and subject matters covered at these meetings, and their outcome.

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, including in the agricultural sector. Following its previous comments, the Committee notes the information provided by the Government that the number of labour inspectors continued to decline from 1621 in 2016 to 1529 in 2018. It notes, however, that the 2019 annual report on labour inspection activities (Annual Report) shows a slight increase in the number of inspectors at 1,536 in total. The information in the 2018 and 2019 Annual Reports also demonstrates an increase in the budget allocated to the labour inspectorate, from 164,218,000 Romanian lei (US$39,281,734) in 2018 to 214,274,000 lei (US$51,255,369) in 2019. Regarding inspection services in agriculture, the Committee notes that, according to the detailed information contained in the Government’s report and the Annual Reports from 2016 to 2018, the number of agriculture undertakings doubled from 25,271 to 51,043. However, the number of agricultural workplaces inspected increased only slightly from 1,987 in 2016 to 2,097 in 2018, and the number of employees in the inspected units rose from 43,170 to 44,272. In addition, the number of inspections carried out at those agricultural workplaces increased from 2,132 in 2016 to 2,223 in 2018. The Committee requests the Government to pursue its efforts to ensure that the number of inspectors is sufficient to secure the effective discharge of their duties, and to provide specific information on its efforts to attract additional inspectors including through adequate remuneration and opportunities for career stability and advancement. The Committee also requests the Government to provide information on the measures it is taking to ensure that the rising number of agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the application of the relevant legal provisions. The Committee finally requests the Government to continue providing statistical information in this regard, including the number of inspectors and inspection visits performed, as well as the number of workers and undertakings liable to inspection.

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 previously noted a significant drop in the number of inspectors’ orders in the event of serious or imminent danger to the health or safety of workers and requested information on the reasons behind this decrease.

The Committee notes that, according to the information in the 2018 and 2019 Annual Reports, the number of prohibition orders for the use of work equipment increased from 103 in 2018 to 231 in 2019, while the number of orders for the stoppage of work increased from 120 in 2018 to 227 in 2019. The Committee requests the Government to continue to provide information on 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. Following to its previous comments, the Committee welcomes the detailed statistical information on occupational injuries and diseases in the 2018 Annual Report. The Committee encourages the Government to continue to ensure that the labour inspectorate collects 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 absence of information in the Government’s report in reply to its previous request. The Committee urges 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 requests the Government to provide information on any developments achieved or difficulties encountered in this respect.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

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. 1. Additional duties entrusted to labour inspectors related to immigration. The Committee previously noted that, in accordance with the Regulation on the organization and functioning of the labour inspectorate (approved by Government Decision No. 488/2017), labour inspectors are entrusted with supervising the employment of migrant workers (section 12(1)B(i)).

The Committee notes the Government’s reference in its report to Ordinance No. 25/2014 which provides that on the employment and secondment of foreigners, employers who employ migrant workers without a work permit shall pay the overdue remuneration to the workers concerned, as well as all relevant taxes, fees and social security contributions as if the workers concerned had the appropriate permit, including to those who have returned to their home country (section 38(1) and (2)). Moreover, employers bear liability, including joint and several liability, to any subcontractors for overdue wages for the work performed by migrant workers in an irregular situation (section 38(4)). The Committee also notes that a migrant worker found to be carrying out work without a permit shall be informed in writing in both Romanian and English, by the General Inspectorate for Immigration or, as the case maybe, by labour inspectors of the territorial labour inspectorates, regarding their rights to the recovery of outstanding remuneration, before the execution of a possible obligation to return. The Committee further notes that, according to the information of the 2019 annual report on labour inspection activities (Annual Report), 1,302 controls were carried out regarding compliance with relevant provisions of Ordinance No. 25/2014, of which 667 were conducted jointly with the General Inspectorate for Immigration; 69 sanctions were applied, including 55 orders of fines worth 1,928,000 Romanian lei (RON) (US$464,500) and 14 warnings; and 135 measures were ordered to remedy the non-conformities found.

The Committee observes that, although Ordinance No. 25/2014 provides for the reinstitution of the statutory rights of migrant workers in an irregular situation, the relevant information in the 2019 Annual Report does not indicate how these provisions are applied by the labour inspectors. The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as set forth in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. Noting the information provided in the annual report on the application of Ordinance No. 25/2014, the Committee requests the Government to provide information on specific measures undertaken by the inspectorate to ensure the enforcement of the rights of migrant workers, including those in an irregular situation. In addition, the Committee requests the Government to provide information on the number of cases in which these workers have been granted their due rights, such as the payment of outstanding wages or social security benefits, disaggregated based on controls carried out by the labour inspectorate alone and controls conducted jointly with the General Inspectorate for Immigration. The Committee further requests the Government to provide information on the number of cases in which migrant workers were deported following the control activities of labour inspectors, again disaggregated based on controls carried out by the labour inspectorate alone and controls conducted jointly with the General Inspectorate for Immigration.

2. Control of undeclared work. The Committee notes that, pursuant to section 12(1)B of the Regulation on the organization and functioning of the labour inspectorate, the labour inspectorate identifies cases of undeclared work, and notifies, as required, the criminal investigation bodies (clause b); ascertains whether the activity being performed constitutes a labour relationship but performed on the basis of another type of contract (clause d); and orders the conclusion of individual employment contracts and the registration of workers concerned in the general register as employees (clause e). The Committee also notes that, according to the information in the 2019 Annual Report, 67,632 controls were performed in this regard and 8,551 persons were found engaged in undeclared work, including 5,942 persons performing work without an employment contract. Moreover, 4,793 measures were ordered to correct the non-conformities. The Committee requests the Government to provide information on the definition of undeclared work in national legislation, as well as information on specific measures ordered to correct the non-conformities. It requests the Government to continue to provide information on the work of the labour inspectorate with respect to undeclared work, including the number of persons found engaged in undeclared work, the number of cases in which the labour inspectorate orders the conclusion of an employment contract, as well as the action taken by the inspectorate with respect to those workers where no employment contract is subsequently concluded.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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 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 previously noted the 2012 amendment of Law No. 108/1999 on the organization of the labour inspectorate, as well as Government Decision No. 488/2017 and Government Decision No. 12/2017 regarding the organization and functioning of the labour inspectorate under the Ministry of Labour and Social Justice. It requested information on the impact of this restructuring.

The Committee notes the Government’s information in its report that the Ministry of Labour and Social Justice is the superior body of the labour inspection services. The labour inspectorate performs the function of state authority that provides the exercise of control in the fields of labour relations, occupational safety and health at work and labour market surveillance, and it has 42 territorial labour inspectorates. The Unit for the Food Industry, Agriculture, Public Administration, Education and Culture, under the Directorate of Occupational Safety and Health, coordinates the supervision in agriculture, with four labour inspectors at the central level and between one and three within each territorial labour inspectorate. The Committee notes the information of the Government.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers and their organizations. The Committee previously noted with interest the establishment of tripartite consultative councils at the central and territorial levels of the labour inspectorate in accordance with section 10 of Government Decision No. 488/2017, as well as the conclusion of protocols concluded between the labour inspectorate and employers’ and workers’ organizations.

The Committee notes that the mandate and functioning of tripartite consultation councils is provided for by section 3 of the Regulation of the organization and functioning of the labour inspectorate and section 10 of the Regulation on organisation and functioning of territorial labour inspectorates, which were approved by Order of the Minister of Labour and Social Justice No. 1095/2018. According to these provisions, the functioning of the tripartite consultative council at the central level is determined by a decision of the State Inspector General, and at the territorial level by decisions of each territorial chief inspector. The Committee requests the Government to provide further information on the functioning of tripartite consultative councils at both the central and territorial levels, including their composition, the frequency of meetings and subject matters covered at these meetings, and their outcome.

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, including in the agricultural sector. Following its previous comments, the Committee notes the information provided by the Government that the number of labour inspectors continued to decline from 1621 in 2016 to 1529 in 2018. It notes, however, that the 2019 annual report on labour inspection activities (Annual Report) shows a slight increase in the number of inspectors at 1,536 in total. The information in the 2018 and 2019 Annual Reports also demonstrates an increase in the budget allocated to the labour inspectorate, from 164,218,000 Romanian lei (US$39,281,734) in 2018 to 214,274,000 lei (US$51,255,369) in 2019. Regarding inspection services in agriculture, the Committee notes that, according to the detailed information contained in the Government’s report and the Annual Reports from 2016 to 2018, the number of agriculture undertakings doubled from 25,271 to 51,043. However, the number of agricultural workplaces inspected increased only slightly from 1,987 in 2016 to 2,097 in 2018, and the number of employees in the inspected units rose from 43,170 to 44,272. In addition, the number of inspections carried out at those agricultural workplaces increased from 2,132 in 2016 to 2,223 in 2018. The Committee requests the Government to pursue its efforts to ensure that the number of inspectors is sufficient to secure the effective discharge of their duties, and to provide specific information on its efforts to attract additional inspectors including through adequate remuneration and opportunities for career stability and advancement. The Committee also requests the Government to provide information on the measures it is taking to ensure that the rising number of agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the application of the relevant legal provisions. The Committee finally requests the Government to continue providing statistical information in this regard, including the number of inspectors and inspection visits performed, as well as the number of workers and undertakings liable to inspection.

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 previously noted a significant drop in the number of inspectors’ orders in the event of serious or imminent danger to the health or safety of workers and requested information on the reasons behind this decrease.

The Committee notes that, according to the information in the 2018 and 2019 Annual Reports, the number of prohibition orders for the use of work equipment increased from 103 in 2018 to 231 in 2019, while the number of orders for the stoppage of work increased from 120 in 2018 to 227 in 2019. The Committee requests the Government to continue to provide information on 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. Following to its previous comments, the Committee welcomes the detailed statistical information on occupational injuries and diseases in the 2018 Annual Report. The Committee encourages the Government to continue to ensure that the labour inspectorate collects 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 absence of information in the Government’s report in reply to its previous request. The Committee urges 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 requests the Government to provide information on any developments achieved or difficulties encountered in this respect.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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. 1. Additional duties entrusted to labour inspectors related to immigration. The Committee previously noted that, in accordance with the Regulation on the organization and functioning of the labour inspectorate (approved by Government Decision No. 488/2017), labour inspectors are entrusted with supervising the employment of migrant workers (section 12(1)B(i)).

The Committee notes the Government’s reference in its report to Ordinance No. 25/2014 which provides that on the employment and secondment of foreigners, employers who employ migrant workers without a work permit shall pay the overdue remuneration to the workers concerned, as well as all relevant taxes, fees and social security contributions as if the workers concerned had the appropriate permit, including to those who have returned to their home country (section 38(1) and (2)). Moreover, employers bear liability, including joint and several liability, to any subcontractors for overdue wages for the work performed by migrant workers in an irregular situation (section 38(4)). The Committee also notes that a migrant worker found to be carrying out work without a permit shall be informed in writing in both Romanian and English, by the General Inspectorate for Immigration or, as the case maybe, by labour inspectors of the territorial labour inspectorates, regarding their rights to the recovery of outstanding remuneration, before the execution of a possible obligation to return. The Committee further notes that, according to the information of the 2019 annual report on labour inspection activities (Annual Report), 1,302 controls were carried out regarding compliance with relevant provisions of Ordinance No. 25/2014, of which 667 were conducted jointly with the General Inspectorate for Immigration; 69 sanctions were applied, including 55 orders of fines worth 1,928,000 Romanian lei (RON) (US$464,500) and 14 warnings; and 135 measures were ordered to remedy the non-conformities found.

The Committee observes that, although Ordinance No. 25/2014 provides for the reinstitution of the statutory rights of migrant workers in an irregular situation, the relevant information in the 2019 Annual Report does not indicate how these provisions are applied by the labour inspectors. The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as set forth in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. Noting the information provided in the annual report on the application of Ordinance No. 25/2014, the Committee requests the Government to provide information on specific measures undertaken by the inspectorate to ensure the enforcement of the rights of migrant workers, including those in an irregular situation. In addition, the Committee requests the Government to provide information on the number of cases in which these workers have been granted their due rights, such as the payment of outstanding wages or social security benefits, disaggregated based on controls carried out by the labour inspectorate alone and controls conducted jointly with the General Inspectorate for Immigration. The Committee further requests the Government to provide information on the number of cases in which migrant workers were deported following the control activities of labour inspectors, again disaggregated based on controls carried out by the labour inspectorate alone and controls conducted jointly with the General Inspectorate for Immigration.

2. Control of undeclared work. The Committee notes that, pursuant to section 12(1)B of the Regulation on the organization and functioning of the labour inspectorate, the labour inspectorate identifies cases of undeclared work, and notifies, as required, the criminal investigation bodies (clause b); ascertains whether the activity being performed constitutes a labour relationship but performed on the basis of another type of contract (clause d); and orders the conclusion of individual employment contracts and the registration of workers concerned in the general register as employees (clause e). The Committee also notes that, according to the information in the 2019 Annual Report, 67,632 controls were performed in this regard and 8,551 persons were found engaged in undeclared work, including 5,942 persons performing work without an employment contract. Moreover, 4,793 measures were ordered to correct the non-conformities. The Committee requests the Government to provide information on the definition of undeclared work in national legislation, as well as information on specific measures ordered to correct the non-conformities. It requests the Government to continue to provide information on the work of the labour inspectorate with respect to undeclared work, including the number of persons found engaged in undeclared work, the number of cases in which the labour inspectorate orders the conclusion of an employment contract, as well as the action taken by the inspectorate with respect to those workers where no employment contract is subsequently concluded.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

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. Control of undeclared work and the protection of foreign workers in an irregular situation. The Committee notes that, in accordance with the new Government Ordinance (GO) No. 488/2017 on the organization and functioning of the labour inspectorate, labour inspectors are entrusted with detecting undeclared work of foreign or posted workers (section 12) and perform inspections separately from, as well as in collaboration with, the General Inspectorate for Immigration. GO No. 488/2017 provides that employers bear liability, including joint and several liability, to principal and intermediate subcontractors for overdue wages of foreign workers engaged in undeclared work, including those in an irregular situation. The annual labour inspection report for 2017 indicates that in 2017, a total of 1,210 controls related to undeclared work of foreign workers were carried out and 37 sanctions (including warnings) and 111 measures were ordered. However, the Committee notes that the Government’s report does not indicate whether such orders include those requiring the establishment of employment contracts or ensuring other statutory rights granted to foreign nationals engaged in undeclared work, such as the payment of overdue wages and other benefits resulting from their work. The Committee recalls that the functions of the system of labour inspection are to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. In its 2006 General Survey, Labour inspection, paragraph 78, the Committee indicated that any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, which is to protect the rights and interests of all workers and to improve their working conditions. Referring to paragraph 452 of the 2017 General Survey on certain occupational safety and health instruments, the Committee recalls that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. The Committee requests the Government to take specific measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors to ensure the protection of workers in accordance with labour inspectors’ primary duties as set forth in Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. It requests the Government to provide information on measures undertaken by the inspectorate to ensure the enforcement of the rights of foreign workers found to be in an irregular situation. It further requests the Government to provide information on the number of cases in which workers found to be in an irregular situation have been granted their due rights, such as the payment of outstanding wages or social security benefits, or orders for the establishment of an employment contract.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. 1. Conciliation and mediation. The Committee understands that, according to the Government’s indications, while the primary responsibility for arbitration and mediation lies with the Office for Mediation and Arbitration of Collective Labour Disputes at the Ministry of Labour, Family and Social Protection (MLFS), labour inspectors also participate (pursuant to Act No. 62/2011 on Social Dialogue and Act No. 108/1999 on the establishment and organization of the labour inspection, in its amended version) in the conciliation of collective labour disputes at the enterprise level. The Committee once again reminds the Government of the primary functions of labour inspectors under Article 3(1) of the Convention, and of the guidelines of Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), establishing that “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee asks the Government to provide information on the number of labour inspectors appointed to participate in the conciliation of labour disputes during the period covered by Government’s next report and the time spent on these duties in relation to their primary duties as defined in Article 3(1) of the Convention. It hopes that the Government will take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, these duties shall not be such as to interfere with the effective discharge of the primary duties of labour inspectors.

2. Undeclared work. The Committee notes the detailed information provided by the Government on the large-scale activities carried out by the labour inspectorate in the framework of the National Strategy to reduce the incidence of undeclared work for the period 2010–12, including information on the various inspection campaigns, awareness-raising activities and the collaboration of the labour inspectorate with the National Agency for Fiscal Administration, the Financial Guard, the Gendarmerie, the Police (Fraud Investigation Directorate), and the Romanian Immigration Office (RIO). The data on the number of inspections, the violations found, and fines imposed for undeclared work confirm the Government’s indications on the intensification of controls in the area of undeclared work. The Committee further notes the Government’s indications that the level of sanctions for employers employing workers without an employment contract has been raised through amendments of the National Labour Code, and it understands that the powers of labour inspectors in this regard have been strengthened through amendments to Act No. 108/1999 (the Government has not provided the Committee with a copy of this Act in its amended version).

3. Enforcement of immigration law. The Committee notes the information on the collaboration of the labour inspectorate with the RIO in the framework of the National Strategy on Immigration for 2011–13 for detecting “illegal” foreign workers and combating undeclared work of foreign nationals, including the number of joint inspections and fines imposed for the employment of foreign workers working without a valid work permit. The Committee notes that, according to the Government, labour inspectors are entrusted with the function of identifying foreigners working without a valid work or residence permit and entitled to issue sanctions in this regard. However, it notes its indications that applying immigration law is the responsibility of the RIO. It further notes from the annual labour inspection report for 2012, that the new organizational structure of the labour inspectorate includes a unit for the control of labour migration. Finally, it notes that while, according to the Government, the application of the legal rights of foreign workers falls within the competence of the labour inspectorate, the Government has not provided any statistics on the statutory rights granted to foreign workers in an irregular situation, such as the payment of wages and other benefits resulting from their employment relationship, including in cases where these workers are expelled from the country.

The Committee recalls that, as it has indicated in paragraph 69 of its 2006 General Survey on labour inspection that the primary duties of labour inspectors are complex and require time, resources and training. As mentioned above, in accordance with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of the primary duties of labour inspectors. Furthermore, referring to paragraphs 78 and 161 of its 2006 General Survey and to its previous observation of 2011, the Committee once again reminds the Government that cooperation with immigration authorities should be carried out cautiously, keeping in mind that the primary duty of labour inspectors is to protect the rights and interests of all workers and not to enforce immigration law. It also reminds the Government that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers. The Committee asks the Government to provide information on the time and resources of the labour inspectorate spent on activities in the area of undeclared work in relation to activities spent on securing the enforcement of legal provisions relating to other areas (provisions relating to hours, wages, safety and health, child labour, etc.) and to provide relevant data (number of inspections, the violations found and legal provisions to which they relate, sanctions imposed, etc.). The Committee also asks the Government to provide further information on the nature of the new powers of labour inspectors under the amended Act No. 108/1999.

Furthermore, the Committee requests the Government to provide detailed information on the manner in which the labour inspectorate ensures the enforcement of employers’ obligations with regard to the rights of foreign workers in an irregular situation, such as the payment of wages, social security and other benefits for the period of their effective employment relationship, especially in cases where such workers are liable to expulsion from the country. It also asks the Government to provide information on the number of cases where undocumented workers have been granted their due rights. The Committee also requests the Government to elaborate on the responsibilities of the unit for the control of labour migration, and to indicate if labour inspectors are specifically charged with the activities of this unit.

Article 5(b). Collaboration with employers and workers and their organizations. The Committee notes with interest the information provided by the Government that tripartite consultative councils have been set up at the central and regional levels of the labour inspectorate in accordance with the provisions of Act No. 108/1999, as amended. Regulations on their organization and functioning are pending approval by the MLFS. The Committee further notes the Government’s reference to cooperation agreements with employers’ organizations, as well as its indications that the labour inspectorate and the National Confederation of Free Trade Unions of Romania (CNSRL Frăţia) have launched negotiations in 2013 with a view to concluding a cooperation protocol. The Committee asks the Government to provide information on the number, geographical location and composition of the tripartite consultative councils at the central and territorial levels of the labour inspectorate, as well as a copy of the regulations on their organization and functioning, once they have been approved. Please also provide information on the activities undertaken by the councils and supply a copy of any relevant report or document. The Committee further asks the Government to provide a copy of the cooperation protocol with the CNSRL Frăţia, as well as copies of any other cooperation protocols concluded between the labour inspectorate and employers’ and workers’ representatives.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the comments of the Confederation of Democratic Trade Unions of Romania (CSDR), received on 23 August 2010; the Block of National Trade Unions (BNS), received on 18 January 2011 and 1 September 2011; and the National Confederation of Free Trade Unions of Romania (CNSLR Frặtja), received on 25 August 2010. The Committee notes the Government’s reply to these comments, as well as to the comments made by the National Trade Union Confederation (CNS Cartel Alfa) in June 2009. The Committee requests the Government to make any comment it deems appropriate in relation to the latest observations by CNSLR Frặtja received on 2 September 2011 along with the Government’s report.

Labour law reform. The Committee notes that the Government has embarked on a reform of labour legislation, including provisions relating to the structure and the functioning of the labour inspection system, in the context of an economic program supported by the International Monetary Fund (IMF), the European Union (EU), and the World Bank. The Committee requests the Government to transmit to the ILO copies of Act No. 108/1999 on the establishment and organization of the labour inspection, as amended, Act No. 188/1999 issuing the civil service regulations, and Government Decision (GD) No. 1377/2009 regulating the organization and functioning of the labour inspection (replacing GD No. 767/1999).

Article 3(2) of the Convention. Additional functions entrusted to labour inspectors. The Committee notes the comments of the CNSLR Frặtja and the CSDR according to which, following the amendment of the Regulations on the organization and functioning of the labour inspection (GD No. 1377/2009), labour inspectors have been entrusted, among other things, with the functions of conciliation and arbitration in cases of conflicts of interest. The Committee refers in this regard to paragraphs 72–74 of the General Survey of 2006 on labour inspection, in which it emphasizes that conciliation should not be among the duties of the labour inspectorate, and to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. Drawing the Government’s attention to the provisions of Article 3(2) of the Convention, the Committee requests the Government to take the necessary legislative and practical measures to relieve labour inspectors of conciliation duties so that they can devote themselves fully to ensuring the application of legal provisions relating to conditions of work and the protection of workers, thereby contributing to the prevention of situations giving rise to labour disputes.

The Committee also notes that the Government’s report refers to the adoption of GD No. 1024/2010 approving the national strategy to reduce the incidence of undeclared work in 2010–12 and the National Action Plan for its implementation. The Committee would be grateful if the Government would provide copies of these documents as well as information on the activities carried out by the labour inspectorate in the area of controlling undeclared work and in particular data on the number of inspections, the violations found, legal proceedings instituted and remedies and sanctions imposed for undeclared work. It also requests the Government to indicate the impact of these activities on the implementation of the objectives of the Convention with regard to the effective enforcement of legal provisions on the conditions of work and the protection of workers.

The Committee notes that the Government refers to Protocol No. 1107/803073/2827283/2009 concluded between the labour inspection, the National Agency for Fiscal Administration and the Romanian Office for Immigration in the framework of the strategy to reduce undeclared work. The Committee also notes from the annual labour inspection report for 2009, that both in 2008 and 2009, the labour inspectorate and the Immigration Office established a cooperation plan in order to combat illegal immigration and illegal work of foreign workers. In this regard, the Committee would like to recall that as indicated in paragraphs 76–78 of its 2006 General Survey on Labour Inspection with regard to the increasing tendency to link inspections of clandestine work and irregular migration and the practice of collaboration with other Government agencies in this regard, that the primary duty of labour inspectors is to protect workers and not to enforce immigration law. Efforts to control the use of migrant workers in an irregular situation require the mobilization of considerable resources in terms of staff, time and material resources, which inspectorates can only provide to the detriment of their primary duties. Moreover, the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all workers if it is to be compatible with the objective of labour inspection. This objective can only be met if the workers covered are convinced that the primary task of the inspectorate is to enforce the legal provisions relating to conditions of work and protection of workers and not immigration law. The Committee therefore requests the Government to indicate the measures taken or envisaged so as to ensure that the functions of enforcing immigration law are dissociated from those of controlling the observance of workers’ rights. Please also specify the scope and procedures of cooperation between the labour inspectorate and the Immigration Office.

Furthermore, the Committee would be grateful if the Government would indicate the manner in which the labour inspectorate ensures the discharge of the employers’ obligations with regard to the statutory rights of foreign workers in an irregular situation, such as the payment of wages and other benefits due for work accomplished in the framework of the employment relationship, particularly in cases where these workers are expelled from the country.

Articles 4, 6 and 7. Supervision and control by a central authority. Qualifications and conditions of service of labour inspectors. The Committee notes that, according to the BNS, the principle of the independence of labour inspectors of any change of government and any undue external influence is seriously affected by the politicization of the labour inspectorate, which results in practice in frequent staff movements, as well as inspections in enterprises that are sometimes targeted on the basis of criteria relating to the political affiliation of employers. The CNSLR Frặtja and the CSDR also refer to staff instability at central and local levels in 2009 and 2010.

The Government refutes these allegations and refers to the existence of a uniform and coherent labour inspection strategy, independent of any change of government and of any external influence, guaranteed by the permanence of the position of General State Inspector. With regard to the changes in staff positions in 2009 and 2010, the Government indicates that they were decided upon in accordance with Act No.188 of 1999 as sanctions against officials who had been guilty of violations of the obligation of confidentiality and discretion, or who had failed to comply strictly with legal provisions during inspections.

In response to the point raised by the CNS Cartel Alfa in June 2009 concerning staff changes and replacements in relation to the executive staff of various regional inspection offices, the Government adds that Emergency Ordinances Nos 37 of 22 April 2009 and 105 of 2009, under which these measures were adopted, have been declared unconstitutional and their effects void. Consequently, the appointments of the Directors and Deputy Directors of regional offices were suspended and officials have been appointed on a temporary basis to the previous posts of Chief Inspector and Deputy Chief Inspector while awaiting for the organization of a competition to fill these posts.

The Committee understands from the above that competitions have still not taken place with a view to ending the uncertainty as to the key positions of the heads of the labour inspectorates at the regional level and ensuring that the qualifications and competence of the persons who currently hold these posts are established in a transparent manner in accordance with Article 7 of the Convention. It emphasizes that the existence of a stable central authority at the highest level of the labour inspectorate is not in itself sufficient to ensure in practice the implementation of a unified and coherent strategy in all regions. The stability of inspection personnel and conditions of service which guarantee them independence from any change of Government and any external influence are a prerequisite for the operation of an inspection system that can help to achieve the eminently important socio-economic objective assigned to this public service. The Committee urges the Government to take the necessary measures so that competitions for executive positions in local inspectorates take place without delay and to keep the Office informed of the results. It also requests the Government to describe the criteria and procedures followed for the recruitment of labour inspection staff including executive staff (Article 7(1) of the Convention). It would be grateful if the Government would provide further information on the reasons for the changes in personnel referred to by the trade unions (number of cases where misconduct was ascertained, indication of relevant provisions in Act No. 188/1999 and decisions taken, etc.).

The CSDR also raises the question of appropriate and continuous training of inspectors and calls for the development of an appropriate strategy in this respect, which the Committee considers to be a key issue for the development of labour inspection services adapted to developments in the world of work. The Committee would be grateful if the Government would indicate the steps taken or envisaged for the elaboration of a training strategy and the frequency, content and duration of training available to labour inspectors, as well as the number of participants and the practical impact of such training (Article 7(3) of the Convention).

With regard to the policy on the remuneration of labour inspectors, the CNSLR Frặtja considers that it is totally inadequate in relation to their functions and responsibilities. Furthermore, according to the CSDR, the application of recent legal provisions has resulted in a reduction in their salaries by 25 per cent. In this regard, the Committee notes the Government’s reply to the comments made by the BNS under the Protection of Wages Convention, 1949 (No. 95), to the effect that these reductions were found to be constitutional. Referring also to paragraph 209 of its 2006 General Survey on Labour Inspection, the Committee recalls that although it is aware of the severe budgetary restrictions governments often face, it is bound to emphasize 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 requests the Government to provide information on the impact of the recent reforms on the budget allocated to the labour inspection and to indicate any measures taken or envisaged in order to improve the conditions of service of labour inspectors.

Article 5(b) of the Convention. Collaboration with employers and workers and their organizations. According to the CNSLR Frặtja, it was impossible to conclude a cooperation protocol with the labour inspectorate in 2009 and 2010 due to the many changes in senior inspection personnel. Furthermore, the standard inspection procedure requires labour inspectors to invite only employers’ representatives to assist on the occasion of inspections, but not workers’ representatives. The Government indicates in this regard that the labour inspectorate, irrespective of the authority in charge, has always been open to the social partners for the conclusion of cooperation protocols. The Government refers in this respect to the protocols concluded in recent years with the CNSLR Frặtja, the CDSR and the BSN, namely Protocols Nos 1808/669/04.10.2010 and 1886/1420/18.10.2010. In this respect, the Committee notes the CSDR’s view that the Labour Inspection Board should include, at the central and regional levels, representatives of both employers and trade unions in order to achieve effective collaboration. The Committee asks the Government to provide copies of the cooperation protocols concluded between the labour inspectorate and employers’ and workers’ representatives and to describe in greater detail the arrangements for collaboration between the labour inspectorate and the social partners. It also requests the Government to indicate the composition of the Labour Inspection Board and its activities during the period covered by the next report.

Articles 10, 11 and 16. Human resources and material means available to the labour inspection. According to the CNSLR Frặtja and the CSDR, the total labour inspection staff (including public employees and contractual staff) now amounts to 3,236 persons, due to personnel reductions which took place in 2010 and the closure of the social inspection and social inclusion department within the labour inspectorate. The Committee notes that both trade unions deplore the inadequacy of the number of labour inspectors which, according to the CSDR, prevents them from carrying out their functions.

The Committee notes the tables provided by the Government on the general structure of the personnel and the distribution of labour inspectors by rank at central and local levels, including those engaged in supervision in the field of safety and health, disaggregated by economic sector. It also notes that with regard to the material means available to labour inspectors for the performance of their duties, the Government indicates that it spent a considerable amount in 2009 on equipment and transport facilities for the central and regional offices, but acknowledges that no additional resources were allocated for that purpose in 2010. Drawing attention to the socio-economic importance of the objectives assigned to the labour inspection services, the Committee urges the Government to endeavour to the fullest possible extent to ensure that the human resources allocated to the labour inspectorate are sufficient for the effective exercise of its functions (Article 10). The Committee requests the Government to keep the ILO informed of any measure taken or envisaged in this regard.

Article 15(c). Confidentiality of the source of complaints. The Committee notes the observation made by the CNSLR Frặtja that labour inspectors carrying out inspections frequently reveal the authors of complaints, leading to dramatic consequences for the latter. The trade union ascribes this to the lack of a provision in the law sanctioning breaches of confidentiality by labour inspectors. Recalling that the issue of breaches of confidentiality was raised previously by the BNS in comments sent to the ILO in January 2004, the Government is requested to provide detailed information on the measures taken or envisaged, in order to ensure that labour inspectors comply with the confidentiality requirement set out in the law with respect to the existence and source of any complaint.

Articles 13, 17 and 18. Prevention and enforcement measures. The Committee notes that, according to the statistics on inspection activities provided by the Government in its report, the number of inspections, the number of enterprises inspected and the number of sanctions applied by the labour inspectorate continued to increase in 2009 and 2010. The Government indicates that the number of penalties applied increased because of the failure of employers to give effect to the measures ordered by labour inspectors. The Committee also notes an increase in the number of occasions on which work was stopped in cases of failure to comply with the measures ordered to protect the health and safety of workers. The Committee refers in this regard to the comment of the CSDR concerning the lack of preventive activities targeting safety and health at work before employment accidents actually occur. It also notes the acknowledgement by the Government that it has still not given full effect to Article 13(2) of the Convention, under the terms of which labour inspectors shall have the right to apply to the competent authority for the issuance of orders or for the initiation of measures with immediate executory force in the event of imminent danger to the health or safety of the workers.

The Committee understands that stoppages of work and the shutting down of activities generally occur in situations where an accident has already occurred. It wishes to emphasize that the intention of Article 13 of the Convention is to empower labour inspectors to take steps with a view to remedying defects observed in plant, lay-out or working methods which they have reasonable cause to believe constitute a threat to the health and safety of the workers. The provisions of this Article are not intended to punish employers responsible for violations, but to ensure the elimination of the causes of risks with a view to preventing accidents.

The Committee also recalls that where an employer fails to comply with measures ordered on the occasion of an inspection, in accordance with Article 13, the labour inspector should be empowered to make use of Article 17, which is also applicable in areas other than occupational safety and health, and involves such measures as prompt legal proceedings without previous warning or, where appropriate, warnings and advice. The Committee emphasizes in this regard that routine inspections are indispensable to give full effect to Article 13, which would avoid or reduce the need to make use of the powers provided for in Article 17. The Committee requests the Government to take the opportunity of the ongoing legislative reforms in order to adopt all necessary measures giving full effect to Article 13 and to keep the ILO informed of the progress made to this end. In the light of the above explanations, the Committee would also be grateful if the Government would provide statistics of routine inspections and verification inspections in industrial and commercial workplaces, as well as clarifications on the inspection actions falling under both Articles 13 and 17 of the Convention. With reference to its previous observation, the Committee also once again requests the Government to supply information on court decisions issued during the next reporting period following prosecutions instituted at the initiative of the labour inspectorate, with an indication of the branches of activity and the legal provisions concerned.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report received in July 2009, the attached legislation, and also the comments from the National Trade Union Confederation (CNS “Cartel ALFA”), received on 29 June 2009 and sent to the Government on 24 July 2009. The Committee also notes the Government’s reply to those comments and its indication that it will provide further information in due course.

Article 5 of the Convention. Inter-institutional cooperation and collaboration with employers and workers. The Committee notes the Government’s reference to the cooperation protocols concluded during the reporting period between the labour inspectorate or territorial labour inspection services and other public or private bodies or institutions, and with employers’ and workers’ organizations. The Committee requests the Government to supply information on the forms and modes of cooperation concerned, especially with regard to the protocols concluded with the Ministry of Justice and the National Trade Registry, the gendarmerie, the Ministry of Internal Affairs and Administrative Reforms and the Immigration Office, or to provide copies of these protocols.

International cooperation in the field of labour inspection. The Committee requests the Government to supply details (content, impact and period of validity) of the cooperation agreements concluded with the inspection authorities of Hungary, Portugal and Spain.

Articles 7, 8, 10 and 11. Reinforcement of labour inspection staff and improvement of their conditions of work. The Committee notes the detailed information concerning the geographical distribution of inspection staff by sex, grade and speciality, and also the reinforcement of their numbers and qualifications during the 2007–08 period. It also notes the information concerning improvements in their conditions of work through the provision to labour inspectors of new offices, equipment and vehicles for the effective performance of their duties. The Committee further notes that between 2002 and 2008, men and women inspectors received training in different forms and in different areas (occupational safety and health, industrial relations, legislation, public relations, public service management and communication, etc.). It notes with particular interest the reference to a “train the trainers” programme for 257 inspectors in 2007 and 225 in 2008 as part of the PHARE project (for strengthening labour inspection capacities) aimed at monitoring the application of the new legislation transposing the acquis communautaires in the area of international relations, in partnership with the labour and social security inspectorate of Spain. The Committee would be grateful if the Government would supply information on the impact of these training activities on the operation of the labour inspectorate in practice and on its results.

Article 6. Status and conditions of service of labour inspectors. Further to its previous comments, the Committee notes that, according to the Government, the draft regulations for labour inspectors, the preparation of which was announced by the Government at the June 2005 session of the Conference Committee on the Application of Standards, and also in the Government’s report for 2005, have still not been adopted. The Government does not provide an explanation with regard to this postponement. However, according to CNS “Cartel ALFA”, under sections 11 and 12 of Emergency Ordinance No. 37/2009, adopted on 22 April 2009, the employment relationship of civil servants and other contractual public employees has been suspended with immediate effect. Among the various civil servants employed in a variety of state institutions, labour inspectors are affected by this Ordinance. A number of these inspectors, including in the higher category, who enjoy professional recognition in the field and possess the requisite level of competence and seniority, have reportedly already been transferred and replaced on the basis of political criteria and without any selection based on an objective appraisal of the requisite competencies, by persons belonging to the political class in power. The trade union considers that this Ordinance breaches the provisions of the national Constitution (article 20(2) of which establishes the supremacy of international treaties in the hierarchy of national standards); of Act No. 188/1999 issuing the civil service regulations, as amended, published in Official Journal No. 365 of 29 May 2007 (the trade union claims that section 19 affirms the status of labour inspectors as civil servants and their independence in relation to any change of government and any undue external influence). It is also in breach of the present Convention, Article 6 of which provides that the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. In a letter received on 22 October 2009 relating to the union’s comments, the Government indicates that the implementation of the provisions of Emergency Ordinance No. 37/2009 has not been detrimental to the stability or independence of public servants occupying managerial posts. In this regard, it points out that, during the notice period, in accordance with section 99 of Act No. 188/1999, the Ministry of Labour, Family Affairs and Social Protection offered to officials in managerial positions whose positions had been closed other vacant posts in the civil service, taking into account their seniority and professional qualifications. Appointments thus made were the result of free consent given in writing by the officials to the options available. The Government states that, firstly, these transfers from managerial to executive posts do not signify any denial of the professionalism of the persons concerned and, secondly, many of them were appointed to managerial posts created pursuant to the provisions of Emergency Ordinance No. 37/2009. The Government also provides details of the conditions required for access to posts under management contracts concluded with the principal credit controller for a period not exceeding four years. With regard to labour inspectors, the Government states that they were recruited in accordance with Act No. 188/1999, as amended, issuing the civil service regulations, and Government Decision No. 611/2008 concerning the approval of standards relating to career development and structures for civil servants. However, it explains that the Emergency Ordinance concerned was adopted with a view to reducing public expenditure and tackling budget deficit problems, including through the definition of performance criteria for the organization and coordination of certain public authorities and institutions. The Government affirms that, in applying the provisions of the Emergency Ordinance, it was not a question of diminishing the professional status of the labour inspectorate, but rather to improve the management and efficiency of the work of the public institutions while reducing budgetary expenditure, all of this being in the public interest. The Government states that further information on any new developments will be sent in due course. The Committee wishes to emphasize the vital importance of providing labour inspectors, in accordance with Article 6 of the Convention, with stability of employment, and also the need to ensure that, in accordance with Article 7, candidates for the labour inspection service are recruited on the basis of their qualifications for the performance of their duties and that they are duly trained to this end. The Committee requests the Government to provide clarifications on any legislative measures affecting the status of labour inspectors, together with copies of any relevant text, and also on the practical consequences of these measures for the careers of labour inspectors who participated in training between 2002 and 2009 and who were in active service at the time that Emergency Ordinance No. 37/2009 was promulgated. It requests the Government to take all the necessary steps to ensure that any new legal provision or practical measure implemented with regard to the status and conditions of service of labour inspectors does not obstruct the full application of Articles 6 and 7 of the Convention, and to keep the ILO duly informed in this respect.

Articles 16, 17 and 18. Priorities for inspection visits and action taken further to reported infringements. The Committee notes with interest that, according to the information supplied by the Government, inspections are carried out on the basis of: an annual or monthly programme approved by the chief labour inspector and determined according to criteria such as the number of workers and the level of risk of workplaces; statistical trends relating to industrial accidents and cases of occupational disease; and the number of labour inspectors and material resources available. Further to its previous comments, the Committee also notes once again a significant increase in the number of penalties imposed on persons responsible for infringements, and observes in particular that this increase is more substantial for infringements of the legal provisions relating to industrial relations than for those in the area of occupational safety and health, whereas the overall number of corresponding penalties does not display any great difference. The number of stoppages of work in enterprises and stoppages in the operation of certain installations ordered by the labour inspectorate also increased considerably between 2007 and 2008. With reference to its previous comments asking the Government to provide further information with regard to the increase in the number of penalties and also to indicate whether this was due to new enforcement methods, better training of inspectors or a proliferation of infringements, the Committee notes that the Government has not provided any clarification and therefore requests it to do so and also to explain the reason for the considerable increase in stoppages of work or plant operations ordered by labour inspectors.

The Committee also requests the Government to supply information on court decisions issued during the next reporting period further to prosecutions instituted on the initiative of the labour inspectorate, stating the areas of legislation to which they refer and the branches of activity concerned.

Articles 20 and 21. Communication of the annual labour inspection report. The Committee notes that the annual labour inspection report for 2007 was not attached to the Government’s report, contrary to what the Government indicated. The Committee requests the Government to send this report to the ILO and ensure that future annual reports are sent within the prescribed deadlines.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report for the period from April 2005 to May 2007, the attached legislation and the additional information received in September 2007.

Articles 3, paragraph 1(a) and (b), 10, 13, 14 and 18 of the Convention. Labour inspection activities with regard to occupational safety and health. The Committee notes the adoption of Act No. 319/2006 of 14 July 2006 on occupational safety and health, which repeals Act No. 90/1996 on the protection of workers, and also of Government Decision No. 1425/2006 of 11 October 2006 approving the standards for implementing the new Act.

The Act of 2006 assigns the labour inspectorate the task of enforcing legislation concerning occupational safety and health (section 47.1). The labour inspectorate has particular responsibility for monitoring the implementation of programmes for the prevention of occupational hazards (section 47.2(a)), distributing information to the persons concerned as regards the most effective means of respecting the legislation (section 47.2(h)) and carrying out investigations, as far as resources permit, into industrial accidents which have caused injury or death and into cases which may have given rise to an occupational disease (section 47.2(d)), such occurrences having to be notified immediately by the employer to the competent territorial labour inspectorate (section 27.1(a)). The inspectorate also plays a coordinating role, in collaboration with the National Institute of Statistics, with regard to the system for reporting and recording industrial accidents and, in cooperation with the Ministry of Public Health, with regard to occupational diseases (section 47.2(e)). It may order the stoppage of any activity or plant in cases where there is a serious and imminent risk of industrial accident or occupational disease and can inform the judicial authorities where necessary (section 47.2(c)).

The Committee notes that, according to the information supplied by the Government, the total number of penalties imposed by inspectors for violations of the legislation has more than doubled between 2005 and 2006, and even almost tripled with regard to offences in the area of occupational safety and health, whereas the total number of inspections has only increased by about 30 per cent during the same period. The Committee would be grateful if the Government would supply explanations regarding the increase in the number of penalties (new enforcement methods, more intensive training of inspectors, proliferation of offences, etc.). In this context, it also notes that Act No. 319/2006 provides, in cases of imminent hazard to the health of workers, for criminal penalties up to three years’ imprisonment (sections 37 and 38) and also fines to be imposed by labour inspectors, for non-observance of provisions, ranging from 2,500 Romanian New Lei (RON) to RON10,000 (section 39), the inspectors being required to notify the judicial authorities immediately of offences liable to incur criminal penalties (section 42).

The Committee requests the Government to provide information on the implementation of Act No. 319/2006 in practice with regard to labour inspection activities (prevention and control) and also the results thereof, and to state the number of inspectors in service, the nature and content of information and awareness-raising activities for employers, workers and possibly magistrates, the scope of inspections and the number of inspectors assigned to them and also the types of establishment inspected (economic sector, size, etc.). The Government is also requested to continue supplying statistics relating to offences reported, decisions ordering work stoppages, prosecutions instituted and penalties imposed.

The Committee would be grateful if the Government would also indicate any difficulties encountered by labour inspectors in enforcing the provisions of this new Act and supply information on the impact of any new measures which it introduces in relation to the protection of workers.

Articles 6 and 15 and Part I of the report form. Status, conditions of service, rights and obligations of labour inspectors. Draft amendments to the legislation in this area. In its previous comment, the Committee referred to draft amendments to Act No. 108/1999 on labour inspection and also to draft conditions of service of labour inspectors, the formulation of which had been announced by the Government at the June 2005 session of the Conference Committee on the Application of Standards and also in the report received at the end of 2005. According to the information supplied by the Government in June 2006, August 2007 and September 2007, these drafts have not yet been adopted, particularly because of the adoption of Act No. 319/2006 and the priority given initially to the amendment of Act No. 188/1999 concerning the conditions of service of public officials, which, together with Act No. 108/1999 on the labour inspectorate, govern the status of inspectors and their conditions of service. The Committee requests the Government to indicate whether the public service staff regulations have indeed been amended as announced and, if so, to supply a copy of the definitive text and state the impact on the conditions of service and status of labour inspectors. It would also be grateful if the Government would keep the Office informed of any legislative developments with regard to Act No. 108/1999 and the formulation of the regulations for inspectors and requests it to indicate, pending adoption of these provisions, any measure taken or contemplated to improve remuneration for labour inspectors.

The Committee also notes the adoption of Government Decision No. 381/2007 of 25 April 2007 concerning the structure and functioning of the Ministry of Labour, Family Affairs and Equal Opportunities. According to this Decision, the 3,966 posts earmarked in the budget for the territorial labour inspectorates include 500 contractual temporary posts financed by the state budget until 30 June 2009. The Committee would be grateful if the Government would indicate whether these are posts comprising inspection duties, whether in labour relations (general conditions of work) or occupational safety and health, and to provide clarification if applicable, in the light of the provisions of Articles 6 and 15 of the Convention, on the status and conditions of service of the abovementioned contractual staff.

Article 7. Training of labour inspectors. The Committee notes with interest the detailed information concerning the training given to labour inspectors in 2005 and 2006, particularly in occupational safety and health, labour relations and equal opportunities. The Committee requests the Government to continue providing information on the training programmes and activities followed by labour inspection staff.

Articles 20 and 21. Annual report on the work of the labour inspectorate. The Committee notes the detailed information contained in the annual reports on inspection activities for 2005 and 2006. With reference to its previous comment, it notes with interest that the report concerning 2005 has been published and that, in more general terms, the reports have been published since 2005 by means of the web site of the labour inspectorate. The Committee requests the Government to continue ensuring that these reports contain the information required by Article 21 of the Convention and that they are communicated to the Office within the deadlines prescribed by Article 20. It hopes that, as far as possible, information will be included which is as detailed as that set forth in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s reports received in May and August 2005. It notes the discussion that took place in the Conference Committee on the Application of Standards in June 2005 and that Committee’s conclusions, and a communication from the National Trade Union Bloc (BNS) received in September 2005.

1. Legislation. The Committee notes the Government’s useful clarifications regarding the legislation governing the organization and operation of the labour inspectorate. It notes that, according to the BNS, a draft amendment to Act No. 108 of 1999 on the establishment and organization of the labour inspectorate was to be submitted to the trade union organizations in October 2005 and that draft conditions of service of labour inspectors were to be submitted to the social partners. The Committee requests the Government to continue to provide information on any new legislative or regulatory measures affecting the application of the Convention (Part I of the report form).

2. Training of labour inspectors. The Committee notes the information on the training activities conducted by the Centre for the Training and Further Training of Labour Inspectors and in the context of a project to strengthen the inspectorate’s institutional capacity, being carried out in partnership with the Spanish Ministry of Labour and Social Affairs. It notes that the BNS reports other technical cooperation activities with the Governments of France and Sweden in the area of the training of trainers. The Committee requests the Government to continue to provide information on the nature and volume of the arrangements for the initial training and subsequent training of labour inspectors (Article 7 of the Convention).

3. Sanctions. The Committee notes the information on the trends in the number and severity of penalties applied for breaches of the labour legislation. It notes that in the view of the BNS, the penalties established in the revised Labour Code in consultation with the social partners are such as to deter employers from infringing the rights of workers. The Committee requests the Government to continue to provide information on the measures taken to ensure that the penalties remain dissuasive (Article 18 of the Convention).

4. Publication of an annual report. The Committee notes the detailed and useful information contained in the labour inspection report for 2003. It requests the Government to specify whether this yearly report is published in accordance with Article 20, paragraph 2, of the Convention. It invites the Government to ensure that such an annual report is communicated regularly to the ILO within the prescribed time limits and that it contains all the requisite information, including statistics of occupational diseases as prescribed by Article 21(f) of the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report and the attached documentation, including Act No. 53/2003 of February 2003 issuing the Labour Code. It notes with interest the detailed information on the various activities undertaken by the labour inspectorate to combat child labour, which involve raising the awareness of all the parties concerned, including children themselves. Noting that agreements have been concluded between the labour inspectorate, public bodies and non-governmental organizations in this field, the Committee would be grateful if the Government would provide copies of these agreements.

The Committee further notes the comments made by the National Trade Union Bloc (BNS) on certain points relating to the application of the Convention, which were forwarded to the Government by the ILO on 12 January 2004, and the Government’s reply to these comments received on 23 April 2004.

1. Structure and operations of the labour inspectorate. The Committee notes that section 256 of the Labour Code provides that a special law shall regulate the establishment and organization of the labour inspectorate. However, it notes that Act No. 108 of 1999 and Government Order No. 767 of 1999 have not been repealed by the Labour Code. According to the information provided by the Government in its report, the restructuring of government institutions has already affected the labour inspectorate under the terms of Government Decisions Nos. 737 and 745 of 3 July 2003. The Government adds that, in the context of the project to strengthen the administrative capacity of the labour inspectorate, which forms part of the Consensus III programme undertaken in partnership with the Swedish Work Environment Authority, labour inspection methods have been reviewed in the light of European Union Directives. The Committee would be grateful if the Government would provide the Office with copies of Government Decisions Nos. 737 and 745 referred to above and keep it informed of any amendment of the texts governing the organization and operation of the labour inspectorate.

2. Articles 13 and 17 of the Convention. Powers of labour inspectors to issue orders and institute proceedings. According to the BNS, although the law establishes a series of penalties ranging from the imposition of a fine to the closure of the workplace, it claims that inspectors confine their action against employers in violation of the legal provisions relating to working conditions, including cases of repeat offences, to mere notifications which are without effect.

The BNS also deplores the fact that legal proceedings for violations relating to additional hours of work cannot be initiated due to the difficulties of obtaining proof and the pressure exerted upon workers in this respect.

The Government confirms that labour inspectors are empowered to impose fines on employers in breach of the legislation respecting hours of work and rest periods. However, it indicates that Act No. 53/2003 does not establish applicable penalties and that amendments to this Act will be proposed to supplement it in this respect. With reference to sections 20 to 24 of Act No. 108 of 1999 establishing and organizing the labour inspectorate, the Committee notes that fines are indeed established not only for any obstruction of the discharge of their duties by inspectors, but also to penalize violations of the provisions relating to conditions of work, and that infringements of occupational health and safety standards may, in the case of repeat offences, result in the offender being struck off the commercial register. In the absence of an annual report on the work of the inspection services, as required under Articles 20 and 21 of the Convention, the Committee does not have at its disposal relevant practical information enabling it to ascertain the real situation and scope of the allegations made by the BNS. It would be grateful if the Government would provide, firstly, statistical information on the exercise by labour inspectors of their powers as entrusted to them by the legislation that is in force to initiate legal proceedings and, secondly, to provide information on the nature of the proposed amendments to the legislation referred to in its report.

3. Article 15(c). Confidentiality of the source of complaints. With reference to the comments made by the BNS concerning the pressure that is allegedly exerted upon workers to prevent them seeking and obtaining adequate protection against the abuse of additional hours, the Government confirms that, in the absence of complaints, proceedings are not initiated in practice against the employers concerned. In this respect, the Committee draws the Government’s attention to the need to ensure full compliance by labour inspectors with the principle of the absolute confidentiality of the source of complaints to prevent those making complaints being exposed to the risk of reprisals by their employer. The Government is requested to provide information on the manner in which it is ensured or it is envisaged that it will be ensured in law and practice that those making complaints concerning abuses of additional hours are not exposed to such risks.

4. Article 18. Adequate penalties. The Government indicates in its replies to a previous comment by the Committee that the level of financial penalties applied to employers by labour inspectors for violations of the provisions of the legislation is not adjusted to take into account the inflation of the currency. In its General Survey of 1985 on labour inspection (paragraph 263), the Committee considered in this regard that it would be decidedly regrettable if employers preferred to pay fines because they found them more economical than taking often costly occupational safety and health measures or paying workers’ wages on time. For this reason, in the view of the Committee, where the penalty consists of a fine, the rate of the fine should be periodically reviewed, particularly in economic situations that are characterized by inflation. The Government is therefore requested to take measures to ensure that the legislation gives full effect to Article 18 of the Convention and to keep the ILO informed of any progress in this respect.

5. Article 11, paragraph 2. Professional travel allowances. Further to a previous request, and noting that, according to the Government, the amount of the allowances paid to labour inspectors for their professional travel is adjusted by the Ministry of Public Finance on the basis of fluctuations in the consumer prices of basic foodstuffs where they increase by over 10 per cent, the Committee would be grateful if the Government would provide a copy of the Decision of the Minister of Public Finances No. 1467/2002, referred to by the Government in its report on the application of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), as revising Order No. 543/1995 on the reimbursement of travel expenses and professional expenses to labour inspectors.

6. Articles 7, 10, 11, 20 and 21. Training of labour inspectors, results of inspection activities and annual inspection report. The Committee notes with interest the detailed information provided concerning the measures adopted to reinforce the training and facilities available to labour inspectors, including: the establishment of a further training and education centre by Decision No. 537 of 7 June 2001; the substantial increase in the number of labour inspectors (from 1,234 in 2001 to 1,482 in 2003); the purchase of professional materials (nine vehicles and 847 computers); the preparation of a manual for labour inspectors and the development of methods and strategies for controlling the health conditions of workers exposed to certain harmful chemical substances; the preparation of a good practice guide for employers for reducing the exposure of workers to harmful chemical agents; and an awareness-raising campaign on occupational risks. Also noting the number of inspection visits, the workplaces inspected and the number of workers covered during the period covered by the report, the Committee reminds the Government that, so that it can provide a basis for assessing the level of application of the Convention, this information should be supplemented by information on the other matters covered by Article 21 of the Convention and be presented, insofar as possible, in the manner advocated by the Labour Inspection Recommendation, 1947 (No. 81) (Part IV). It expresses the firm hope that the impact of the efforts made by the Government to strengthen the labour inspectorate can be made visible through the annual inspection report, the communication of which was announced by the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the Government’s report and the legislation attached thereto.

Inspection of labour and child labour. The Committee notes that, in accordance with the commitment entered into on ratifying the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government considers supervision of the application of laws and regulations concerning child labour to be a priority of the labour inspectorate, and that a campaign for the elimination of child labour has been scheduled for the period from 2001 to 2004. The Committee requests the Government to provide information on the running of the campaign and the results already recorded.

The Government is also asked to take the necessary steps, as it undertook to do in its report, to ensure that relevant information is regularly included in future annual inspection reports.

Organization and functioning of the labour inspectorate. The Committee would be grateful if the Government would provide a copy of the official text of Government Order No. 767/1999, referred to in its report, and of any other texts concerning the organization and operation of the labour inspection services.

Article 7 of the Convention. The Committee requests the Government to provide detailed information on the content of the Phare Consensus III Programme to strengthen the institutional capacity of the labour inspectorate scheduled for completion by the end of 2000, and on the results attained through its implementation, particularly in terms of training labour inspectors on recruitment and in the course of their employment.

The Committee would be grateful if the Government would provide detailed information on the purposes and operation of the National Centre for Training and Education on Occupational Health and Safety, the creation of which was announced in the Government’s last report. Please indicate who and for how many people such training is intended.

Articles 10, 16 and 21(c). The Committee notes that, in the Government’s view, the strength of the labour inspectorate (1,234) is insufficient to ensure the effective performance of the duties of the inspection services. It also notes that the frequency and nature of inspection visits are determined by a set of precise criteria. It would be grateful if the Government would indicate the number of establishments subject to inspection and the number of persons involved, such data being essential for the Committee to assess properly the extent to which the Convention is applied.

Article 11. The Committee notes the information to the effect that labour inspectors have good working conditions and that investments are to be made to improve them. The Committee would be grateful if the Government would provide information on developments in the material resources made available to the inspection services together with a copy of Government Order No. 543/1995, in its most recent version, under which labour inspectors are fully reimbursed for their travel costs and duty-incurred expenditure.

Article 18. The Committee points out that, to be effective, monetary penalties for breach of the laws and regulations which labour inspectors are responsible for supervising, and for acts of obstruction to the performance of their duties must be sufficiently dissuasive regardless of monetary inflation, and would be grateful if the Government would indicate the measures taken to ensure that they remain so.

Articles 20 and 21. The Committee would be grateful if the Government would take the necessary steps to ensure that the annual report prepared by the central labour inspection authority under section 15 of Act No. 108 of 1999 is sent regularly to the ILO.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's reports. It also notes the annual report on the activities of the labour inspectorate for 1997 and the unofficial translation of Act No. 108 of 1999 establishing and organizing the labour inspectorate.

Articles 6 and 13, paragraph 2, of the Convention. The Committee notes with interest that the new Act contains provisions bringing the national legislation into greater conformity with the Convention. It notes in particular section 16(1) and (2) respecting the status of labour inspectors (Article 6) and section 19(e) and (f) respecting the powers of labour inspectors to issue orders (Article 13, paragraph 2). The Government is requested to provide a copy of the original text of the above Act.

Article 7, paragraph 3. The Committee notes that, according to the Government, the operation of the national training and education centre for occupational safety and health, which will soon be established, will be placed under the coordination of the labour inspectorate. It hopes that the Government will provide information on the requirements for admission to the centre, the content of the programmes to be offered there and the functions of the centre.

Articles 16 and 21. The Committee notes with interest the information contained in the annual report of the inspection services for 1997, particularly with regard to the matters covered by points (a), (b), (d), (e), (f) and (g) of Article 21. However, it notes the absence of statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)). Statistics on all the workplaces liable to inspection are necessary for a proper assessment of the extent to which Article 16 is applied. The Government is therefore requested to take the appropriate measures to include this information in future annual reports of the inspection services.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in its report.

Article 6 of the Convention. Referring to its previous comments concerning the application of this provision in practice, the Committee notes with interest the information provided by the Government according to which a draft law on labour inspection, currently being drawn up, will include all the rights for labour inspectors provided for by the Convention. The Committee requests the Government to provide information on all developments in this area and to provide a copy of the law once it has been adopted.

Article 7, paragraph 3. The Committee notes the information provided by the Government according to which the Institute of Scientific Research on Safety at Work has published two handbooks and organized training courses on safety at work. The Committee requests the Government to continue to provide information on the training of inspectors at the time of their entry into service and at a later date.

Article 13, paragraph 2(a). The Committee notes the information provided by the Government according to which the draft law on labour inspection will also contain provisions to give effect to this requirement of the Convention, which is applied in practice despite the absence of a corresponding provision in Act No. 90/96 on safety at work. The Committee hopes that the law in question will be adopted in the near future.

Articles 20 and 21. The Committee notes the information provided by the Government according to which the labour inspection report for 1996 will be drafted and published at the end of the year and a copy will be sent to the ILO. It recalls that these reports are an essential means for determining how the system of inspection operates in practice and for ascertaining whether establishments are inspected as often and as thoroughly as is necessary. Referring also to the general observation it made in 1996 under the Convention in relation to the practical guidelines for the collection, recording and notification of reliable data on occupational accidents and diseases, contained in the 1996 ILO code of practice entitled "Recording and notification of occupational accidents and diseases", the Committee hopes that the Government will provide information on the progress made in this respect.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Article 6 of the Convention. The Committee notes the information contained in the Government's report that a draft Act on the public service has been submitted to the Parliament and that a copy will be sent to the ILO when the Act is adopted. Pending reception of the draft Act, the Committee requests the Government to provide information on the manner in which this provision is applied in practice.

Article 7, paragraph 3. The Committee notes the information provided by the Government that the Ministry of Labour and Social Protection organizes, together with the Ministry of the Education, the training of specialists in the matter of safety at work (article 20(k) of the Act on safety at work, 23 July 1996). It also notes the Government's information on the training courses on safety at work organized by the Bucharest Institute of scientific research on safety at work and by the Technical University of Petrosani. The Committee requests the Government to continue to supply information on this subject.

Article 13, paragraph 2 (a). The Committee notes that the new Act on safety at work does not contain any provision to give effect to this Article. It requests the Government to indicate in its next report the measures taken or envisaged to give effect to this provision.

Article 20. The Committee notes the report on the activities of the Department of Labour Protection for 1992 communicated by the Government. However, it notes once again that no inspection report seems to have been established or published according to the Convention. Noting the indication of the Government in its report that the Department of Labour Protection of the Ministry of Labour will communicate the annual report to the ILO, the Committee hopes that the necessary measures will be taken so that in future the annual report will be published, and that the Government will communicate a copy to the ILO within the period fixed in Article 20. The Committee further notes that in listing laws and regulations under the jurisdiction of the labour inspection, the Department of Labour Protection report for 1992 quotes the Order No. 688/29.X.1992 on the establishment and sanction of irregularities at work and social protection. The Committee requests the Government to send a copy of the Order to the ILO.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

With reference to its previous comments, the Committee notes with satisfaction that pursuant to Act No. 90/23 of 23 July 1996 on labour protection, inspectors must observe confidentiality regarding the source of information with respect to requests or complaints relating to defective installations or a breach of legal provisions, and shall not intimate to any legal or natural person that a visit of inspection was made following a complaint; this amendment brings legislation into conformity with Article 15(c) of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided in the Government's report in reply to its earlier observations.

Article 15(c) of the Convention. The Committee recalls that at present rules concerning the confidentiality of sources of complaints do not expressly conform to the Convention. It notes that the Department of Labour Protection of the Ministry of Labour and Social Protection is in the process of drafting a new law on labour protection. The Committee would urge the Government to include in the draft provisions which oblige the labour inspectorate to treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and to give no intimation to the employer or the employer's representative that a visit of inspection was made in consequence of the receipt of such a complaint. It asks the Government to indicate in its next report what measures are to be taken in this regard and to supply a copy of the new draft law. Meanwhile, the Committee would be grateful if the Government would provide information on the practical application of this provision of the Convention.

Articles 20 and 21. The Committee notes with interest the general information given on the activities of the Department of Labour Protection in 1990, when the basis for efficient organisation was established following the revolution. The Government has also supplied some of the data referred to in these Articles concerning in particular work accidents and occupational diseases. However, the Committee again notes that no inspection report seems to have been compiled and published to comply with the Convention. The Committee hopes that the Government will, in future, supply to the ILO within the prescribed time-limits a copy of a published annual general report on inspection services, containing all the information required by the Convention.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with regret that the Government's report supplied in October 1989 contains no reply to previous comments. It must therefore repeat its comments, which read as follows:

Article 15(c) of the Convention. The Committee requests the Government to indicate the provisions under which labour protection inspectors and specialised inspectors from the supervision corps of the various ministries must treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and must give no intimation to the employer or his representative that a visit of inspection has been made in consequence of the receipt of such a complaint. Articles 20 and 21 of the Convention. The Committee must again stress the importance it attaches to well drawn up annual inspection reports which enable the practical results of labour inspection activities to be assessed at both national and international levels. It therefore trusts that the Government will not fail to take the necessary measures to ensure that, in future, reports containing precise information on all the points listed under Article 21 of the Convention are published and communicated to the ILO within the period specified by Article 20.