Weekly Rest (Industry) Convention, 1921 (No. 14) - Romania (Ratification: 1923)

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

Article 5 of the Convention. Compensatory rest. The Committee notes that, under section 138(2) of the Labour Code, any worker whose weekly rest is suspended because of urgent work shall receive monetary compensation equivalent to double the compensation provided for in section 123(2) but no compensatory rest. The Committee recalls that compensatory periods of rest are essential for protecting the health and welfare of workers and that, under Article 5, they must be granted as soon as possible. The Committee also recalls that Article 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) – the ratification of which is strongly recommended – provides that, in the event of accident, force majeure or urgent work, the persons concerned shall be granted compensatory rest of a total duration at least equivalent to the normal rest period of 24 hours. The Committee hopes that the Government will be in a position to review the above-mentioned section of the Labour Code in the near future, in order to provide for compensatory rest regardless of any cash remuneration that is paid.

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

Article 5 of the Convention. Compensatory rest. The Committee notes that, under section 138(2) of the Labour Code, any worker whose weekly rest is suspended because of urgent work shall receive monetary compensation equivalent to double the compensation provided for in section 123(2) but no compensatory rest. The Committee recalls that compensatory periods of rest are essential for protecting the health and welfare of workers and that, under Article 5, they must be granted as soon as possible. The Committee also recalls that Article 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) – the ratification of which is strongly recommended – provides that, in the event of accident, force majeure or urgent work, the persons concerned shall be granted compensatory rest of a total duration at least equivalent to the normal rest period of 24 hours. The Committee hopes that the Government will be in a position to review the abovementioned section of the Labour Code in the near future, in order to provide for compensatory rest regardless of any cash remuneration that is paid.

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

Article 4 of the Convention. Total or partial exceptions to weekly rest. The Committee notes that section 132(2) of the Labour Code provides that, where ordinary weekly rest is prejudicial to the public interest or the usual running of an activity, a waiver may be granted under a collective agreement or by internal rules. In its previous comment, the Committee expressed concern that the broad formulation of this provision combined with the authority given to the employer to establish exceptions to weekly rest in internal rules could lead to abuse. It draws the Government’s attention once again to the fact that, in establishing total or partial exceptions to the rules on weekly rest, it is necessary to weigh up the economic interests of the industrial establishments and the interests of the workers taking into account all appropriate humanitarian and economic considerations and that there must be prior consultation with responsible employers’ and workers’ associations. It accordingly asks the Government to specify how section 132(2) of the Labour Code gives effect to the requirements of this Article of the Convention.

Article 5. Compensatory rest. The Committee notes that by virtue of section 133(2) of the Labour Code, workers whose weekly rest is suspended owing to urgent work are given monetary compensation but not compensatory rest. The Committee wishes to remind the Government that compensatory periods of rest are essential to protecting the health of the worker and that, according to Article 5, such rest must be granted as far as is possible. It hopes that the Government will be in a position to review this provision in the near future so as to provide for compensatory rest irrespective of any cash compensation.

Article 6. List of exceptions. The Committee again asks the Government to provide an up to date list of exceptions established under Article 4 of the Convention.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

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

Article 2(1) of the Convention. Entitlement to weekly rest. The Committee notes with satisfaction that as it was suggested in its previous observation, Emergency Order No. 65/2005 introduces a new provision (section 276(1)(i)) into Act No. 53/2003 issuing the Labour Code, establishing that any breach of the legal provisions on weekly rest constitutes an offense punishable by a fine of 1,500 to 3,000 lei (i.e. approximately €400 to €800; provided that, as understood by the Committee these amounts are expressed in Romanian new lei). It also notes the statistics supplied by the Government for the period from 2005 to 2008 and notes, in particular, the increase in the number of employers sanctioned under the new provision of the Labour Code. The Committee recalls in this connection that fines must be set and periodically adjusted at a level that is really dissuasive and enables breaches of the legislation on weekly rest to be prevented effectively.

The Committee is also addressing a request concerning a number of other points directly to the Government.

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

The Committee notes the weekly rest provisions (sections 132-133) of the new Labour Code of the Republic of Romania of 2003, promulgated by Act No. 53/2003.

Article 4 of the Convention. Section 132, paragraph 2, of the Labour Code of 2003 provides that in situations where the ordinary weekly rest is prejudicial to the public interest or the usual running of the activity, exceptions from the ordinary weekly rest scheme can be granted on other days set up by the applicable collective labour agreement or by internal regulation. The Committee requests the Government to indicate whether, in conformity with Article 4, responsible employers’ and workers’ organizations were consulted before section 132, paragraph 2, was introduced into the Labour Code. Secondly, the Committee would like to stress that leaving such a broad exception like "the usual running of activities" to internal regulations may lead to abuse. According to Article 4, exceptions may be authorized, special regard being had to all proper humanitarian and economic considerations. According to the intention of this wording, a proportionality test is needed between the interest of the workers to have a weekly rest on a day which shall coincide with the day already established by the tradition or custom of the country as required under Article 2, paragraph 3, of the Convention, and the economic need of some industrial undertakings to work on established rest days. The Committee therefore requests the Government to indicate how it ensures the full application of Article 4.

Article 6 of the Convention. The Government is requested to communicate an updated list of exceptions made under Article 4 of the Convention.

Article 7 of the Convention. The Committee requests the Government to communicate in accordance with the report form specimen copies of the notices and rosters specified in virtue of this Article.

Parts III and V of the report form. The Committee notes that during the period between 1 January 2002 and 30 June 2003, 117,839 labour inspections have been carried out, covering 4,241,926 employees. The Committee would also appreciate receiving information on the number and nature of contraventions reported concerning the application of the Convention.

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

The Committee notes the Government’s comments to the observations made by the Bloc National Syndical (BNS) concerning the application of the Convention in practice. It notes the Government’s statement that there are currently no specific sanctions for the violation of legal provisions ensuring weekly rest. It further notes that the Labour Inspectorate will propose legislation to amend Act No. 53/2003 in order to enable the inspectorate to impose fines for violations of the provisions related to the weekly rest. It requests the Government to keep the Committee informed about any amendments made and to provide information requested in the last direct request in its next report.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the weekly rest provisions (section 132-133) of the new Labour Code of the Republic of Romania of 2003, promulgated by Law No. 53/2003.

Article 4 of the Convention. Section 132, paragraph 2, of the Labour Code of 2003 provides that in situations where the ordinary weekly rest is prejudicial to the public interest or the usual running of the activity, exceptions from the ordinary weekly rest scheme can be granted on other days set up by the applicable collective labour agreement or by internal regulation. The Committee requests the Government to indicate whether, in conformity with Article 4, responsible employers’ and workers’ organizations were consulted before section 132, paragraph 2, was introduced into the Labour Code. Secondly, the Committee would like to stress that leaving such a broad exception like "the usual running of activities" to internal regulations may lead to abuse. According to Article 4, exceptions may be authorized, special regard being had to all proper humanitarian and economic considerations. According to the intention of this wording, a proportionality test is needed between the interest of the workers to have a weekly rest on a day which shall coincide with the day already established by the tradition or custom of the country as required under Article 2, paragraph 3, of the Convention, and the economic need of some industrial undertakings to work on established rest days. The Committee therefore requests the Government to indicate how it ensures the full application of Article 4.

Article 6 of the Convention. The Government is requested to communicate an updated list of exceptions made under Article 4 of the Convention.

Article 7 of the Convention. The Committee requests the Government to communicate in accordance with the report form specimen copies of the notices and rosters specified in virtue of this Article.

Parts III and V of the report form. The Committee notes that during the period between 1 January 2002 and 30 June 2003, 117,839 labour inspections have been carried out, covering 4,241,926 employees. The Committee would also appreciate receiving information on the number and nature of contraventions reported concerning the application of the Convention.

The Committee further notes the observations made by the Bloc National Syndical (BNS), concerning the application of the Convention in practice, which were transmitted to the Government. The Committee invites the Government to provide the Office with any comments it may deem useful, to enable the Committee to deal with the observations of the BNS at its next session.