Effect given to the recommendations of the committee and the Governing Body - Report No 311, November 1998

Case No 1891 (Romania) - Complaint date: 19-JUN-96 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 70. At its March 1998 meeting (see 309th Report, para. 33) the Committee had asked the Government to send information on developments in this case and to communicate as soon as possible a copy of the new law on the settlement of labour disputes in order to bring its legislation into conformity with the principles of freedom of association.
2. 71. In a communication dated 7 September 1998, the Government states that the Bill amending Act No. 15 respecting labour disputes has not yet been approved by Parliament, but that a copy of it will be sent to the ILO as soon as it is published in the Official Gazette. The Government indicates the amendments introduced by the Bill, i.e. that the compulsory arbitration provided for in sections 38 and 43 will be replaced by a conciliation, mediation and arbitration procedure decided at the request of the two parties, that employers may only petition the court to suspend a strike for 30 days (instead of 90 days) if the strike endangers the life or health of persons (section 30) (instead of major interests of the national economy), and that section 13(3), which lays down the requirement of three years' length of service in the enterprise in order to be eligible for trade union office, and sections 32(3) and 36(3), which provide for financial liability of organizers of a strike held without observing the procedures, have not been retained in the Bill. The Government adds that strikes will be prohibited only for (a) prosecutors, judges and military personnel of the Ministries of Defence, the Interior and Justice and the units subordinate to them and (b) employees of the national energy system, operational services of nuclear reactors, units with continuous furnaces, the stoppage of which would carry a risk of explosion, and units filling orders to meet national defence needs. However, it adds that employees referred to under (b) may request mediation by the Economic and Social Council in the event of conflicts of interest. Air, naval and land transport employees may not declare a strike after leaving and before reentering the country, and personnel on board merchant marine vessels flying the Romanian flag may not declare a strike except in conformity with the standards laid down in international conventions ratified by Romania. Lastly, in the health sector, telecommunications, radio and television, transport units and the railways, including railway guards, public transport units and those responsible for sanitation, as well as gas, electricity, heating and water supply, strikes are authorized on condition that their organizers ensure essential services at a third of normal levels of activity at least (the Bill does not retain in the list employees of pharmaceutical units, teachers, those engaged in rolling stock repair and those supplying the population with bread, milk and meat).
3. 72. The Committee notes this information with interest and trusts that the text in question will be adopted shortly. It requests the Government to send a copy of the amendments to Act No. 15 respecting labour disputes once they have been adopted.