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

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

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that, under the terms of section 2, the Labour Code applies only to persons employed on the basis of a labour contract. It had also noted the Government’s indication that the Labour Inspectorate monitors the work of persons employed by an individual labour contract and has no competence with regard to self-employment. The Committee notes the Government’s statement that, according to section 5(1) of Government Decision No. 600/2007, employment of children is prohibited. Exception to this provision is provided under section 5(2) of Government Decision No. 600/2007 in the case of children of at least 16 years of age who are subject to compulsory schooling to conclude an individual contract of employment for light work. The Committee notes, however, that section 5, subsections (1) and (2), read in conjunction with section 3 of Government Decision No. 166/2007 appears to apply only to children having an individual contract of employment. The Committee once again reminds the Government that the Convention applies not only to work performed under an employment contract, but to all types of work or employment, including self-employment. Observing that it has been raising this matter for a number of years, the Committee urges the Government to take the necessary measures to ensure that children carrying out an economic activity on their own account enjoy the protection afforded by the Convention. In this regard it requests the Government to envisage the possibility of taking measures to adapt and strengthen the labour inspection services so as to ensure the protection envisaged by the Convention for children who work on their own account or in the informal economy.

Article 7, paragraph 3. Determination of light work. The Committee had previously noted that the National Steering Committee drew up a draft Decision on Hazardous Work by Children. It had also noted the Government’s statement that all those activities or types of work not covered by this draft shall be considered as light work which young persons between 15 and 18 years of age will be allowed to perform. The Committee understands from the Government’s statement “the draft Decision on Hazardous Work by children is under public debate” that this draft Decision has not yet been adopted. The Committee also notes that, according to section 3(c) of Government Decision No. 600/2007, “light work” is defined as any work, which on account of the inherent nature of the tasks which it involves and the particular conditions under which it is performed is not likely to be harmful to the safety, health or development of children; not such as to prejudice their attendance at school, their participation in vocational guidance or training programmes approved by the school management, or their capacity to benefit from the instruction received. The Committee hopes that the Decision on Hazardous Work by Children will soon be adopted and requests the Government to send a copy as soon as it has been adopted.

Article 9, paragraph 3. Keeping of a register by employers. The Committee had previously noted the Government’s information that Decision No. 161/2006 establishes the methodology of drawing up and keeping a general register of employees. It had also noted that, according to section 3, subsections (1) to (4), the register must be drawn up in electronic format and must contain the following data of the employee: full name, personal identification number which includes the age of the employee, hiring date, occupation details and type of contract. The employer shall send this register to the territorial labour inspectorate within 20 days after hiring the worker. The Committee once again requests the Government to provide a copy of Government Decision No. 161/2006.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that, during the reporting period, the territorial labour inspectorates filed 87 complaints regarding the violation of the provisions concerning the employment of children; for 77 cases the trials were under way; and for six cases administrative penalties were imposed. It also notes that, during the period from 1 June to 31 December 2007, the labour inspectors carried out 44,476 inspections and identified 144 young people aged between 15 and 18 years working without a legal employment contract. During the period from January 2008 to April 2009, the labour inspectors carried out 107,582 inspections, identified 275 young people aged between 15 and 18 years working without a legal employment contract, and imposed penalties on 244 employers for illegally using young people at work. It further notes the information provided by the Government in its report under Convention No. 182 that the above cases of illegal employment of children were found in the manufacture of textile and footwear, agriculture, construction, manufacture of wood, manufacture of grain mill products, food products, wholesale warehouses, street commerce activities, markets, and in garages. The Committee requests the Government to continue providing information on the application of the Convention in practice, including the number and nature of contraventions reported and penalties imposed.