Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Minimum Age Convention, 1973 (No. 138) - Romania (Ratification: 1975)

The Committee notes the information supplied by the Government in its report and requests it to provide further information on the following matters:

Article 2 of the Convention.  In its previous comments, the Committee noted the discrepancy between article 45(4) of the 1991 Constitution on the one hand, under which minors under the age of 15 years may not be employed as wage earners and, on the other hand, section 7 of the 1972 Labour Code which sets the minimum age for admission to wage-earning employment at 16 years. The Committee notes the information supplied by the Government to the effect that the law recognizes that persons aged between 15 and 16 years have partial capacity to work, subject to approval by their parents or legal representative and only in activities appropriate to their physical development, aptitudes and skills. By virtue of paragraph 1(3) of the standards approved by Order No. 185/1990, the approval of the parents or the legal representative must be included in the employment contract. The Committee notes that section 7 of the Family Code stipulates that approval must be given by both parents. The Committee also notes that the Labour Code is currently undergoing revision and that the draft new Code provides that a person may undertake employment from the age of 16 years and may conclude an employment contract as a wage earner from the age of 15 years, with prior agreement of the parents or legal representative, if this does not prejudice their health, development and vocational training.

The Committee recalls again that in compliance with Article 2, paragraph 1, of the Convention, at the time of ratification of the Convention a minimum age for admission to employment or work of 16 years was specified and the Government is, therefore, bound to take the necessary measures so that legislation and practice respect this minimum age for admission.

Furthermore, and bearing in mind the information indicated above, the Committee recalls that under Article 7, paragraphs 1 and 2 of the Convention, national laws may permit the employment or work of persons at least 15 years of age who have not yet completed their compulsory schooling provided that the work performed by the young persons is not such as to prejudice their health or development and attendance at school, and of young persons between 13 to 15 years of age on light work, in compliance with the abovementioned conditions. Under paragraph 3 of the same Article, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken.

Consequently, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that young persons 13 to 15 years of age may be employed only exceptionally on work complying with the conditions set down in Article 7. It requests the Government, moreover, to supply a copy to the Office of the national legislation setting out the conditions of employment of young persons 15 to 16 years of age to which it refers in its report and in Order No. 185/1990.

With regard to unpaid employment or work by children, the Committee noted in its previous comments that no legislative measures are envisaged at the moment to fix the minimum age for admission to unpaid employment or work. It also noted that unpaid child labour occurs in rural areas, especially within the family. Recalling once again that the Convention covers all employment or work, irrespective of payment of wages or a formal employment contract, the Committee requests the Government once again to continue to supply information on any development in legislative measures, and also on measures taken or envisaged so that prohibition of child labour applies also to any type of work or employment, including work that is unpaid or performed without a formal contract.

Article 9.  The Committee notes the adoption of Act No. 130/1999 and Emergency Order No. 136/1999 which supplements and amends the law. The Committee notes the information supplied by the Government to the effect that by virtue of section 1(1) and (2) of Act No. 130/1999, employers have an obligation to conclude a written contract and that by virtue of paragraph 4 of the Act, civil agreements for supply of services are also in written form and must, like individual employment contracts, be registered with the general directorates of labour and social protection.

The Committee also notes the Government’s indications relating to supervision by the Ministry of Labour and Social Protection of the application of the provisions of the Act as well as those relating to fines when an employer infringes the Act. It requests the Government to supply a copy of Act No. 130/1999 and Emergency Order No. 136/1999.

Article 1 read in conjunction with Part V of the report form.  The Committee notes with interest Emergency Order No. 192/199 which establishes the National Agency for the Protection of the Rights of the Child which, as a specialized body of the public administration subject to the Government, replaces the Special Department for Child Protection. The Committee notes that the Agency has the following functions, inter alia: the preparation and application of various programmes and strategies in relation to the protection of the rights of the child and of adoption, the establishment of the standards necessary for carrying out these various programmes and the supervision of application of legislation relating to the rights of the child. The Committee requests the Government to provide further information concerning the measures taken and action carried out by the National Agency with a view to the progressive elimination of child labour, and particularly on the practical application of the provisions of the Convention.

The Committee also notes with interest the information supplied by the Government to the effect that a national plan of action for the prevention and progressive elimination of child labour in Romania has been set up in the context of the International Programme for the Elimination of Child Labour (IPEC). According to the information in the Government’s report, the general purpose of the action plan is to contribute to the prevention and progressive elimination of child labour and to solve the problem of street children. The Committee notes that the activities undertaken relate to various spheres such as the prevention of the extension of child labour in both rural and urban areas and the increase of structural capacities of governmental bodies and non-governmental organizations (NGOs) in order to ensure the implementation and follow-up of campaigns against child labour. The Committee also notes that a National Steering Committee whose role is to supervise the implementation of activity programmes within the abovementioned national action plan, and of a specialized unit on child labour have been established. The Committee requests the Government to supply information on the national action plan and particularly on the functioning of the National Steering Committee and the specialized unit on child labour.

The Committee notes the various legislation adopted by the Government with a view to increasing the social protection of the most vulnerable families with the objective of reducing poverty levels and, implicitly, eliminating child labour. It requests the Government to supply information on the impact of these measures on the abolition of child labour.

The Committee also requests the Government to supply information regarding the practical application of the Convention by supplying, for instance, extracts from inspection service reports and statistics on youth employment.