Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report. It requests the Government to supply information on the following points.

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 response that no measures had been taken in this regard. 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. The Committee therefore once again requests 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.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee had previously noted that section 13(4) of the Labour Code, which prohibits arduous or hazardous work for persons under the age of 18, does not prohibit admission to employment or work that is likely to jeopardize the morals of young persons. Noting the Government’s indication that the list of hazardous types of work was in the process of modification, the Committee had expressed its hope that the new list would contain the types of work that are likely to jeopardize the morals of young persons, as required by Article 3, paragraph 1, of the Convention. The Committee notes with satisfaction the Government’s indication that it has adopted Order No. 753/2006 which now provides protection to young persons under 18 years from work likely to harm their safety, physical, mental or moral health, or social development. It also notes that, according to section 8(2) of the above Order, young persons shall be prohibited from work which is beyond their physical or psychological capacity; work involving harmful exposure to toxic, carcinogenic and harmful agents; work involving exposure to radiation; work involving risk of accidents; work exposed to extreme cold or heat, noise or vibration; and finally provides a list of work and processes which are likely to entail specific risks for young people.

Article 6. Apprenticeship. Following its previous comments, the Committee notes with interest the Government’s information that a new Law No. 279/2005 concerning apprenticeship at the workplace has been adopted by the Government. It notes that, according to section 5(1) of the Law No. 279/2005, any person of at least 16 years of age could be employed as an apprentice at the workplace in the occupation for which an apprenticeship is organized. Subsection (2) of section 5 further provides that an apprenticeship contract may be concluded by a person over 15 years, upon written approval of his/her parents or legal representatives, for activities that suit his/her physical development, skills and knowledge, unless it is likely to harm his/her health, development and occupational training.

Article 7, paragraph 3. Determination of light work. The Committee had previously noted the Government’s information that the national legislation does not determine light work activities and had requested the Government to take the necessary measures in this regard. The Committee notes the Government’s information that the National Steering Committee for Preventing and Combating Child Labour has drawn up a draft Decision on Hazardous Works by Children based on the information gathered by a working group initiated by the Labour Inspectorate and the National Authority for the Protection of Child’s Rights, representatives of ministries, trade union confederations and employers’ organizations as well as some NGOs in the field. The Government states that any activity or work which is not included in this draft Decision shall be considered as light work which young persons between 15 and 18 years of age are allowed to perform. The Committee requests the Government to supply a copy of the Decision on Hazardous Works by Children, as soon as it is adopted.

Article 9, paragraph 3. Registers of employment. The Committee notes the Government’s information that Decision No. 161/2006 establishes the methodology of drawing up and keeping a general register of employees. It also notes 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, type of contract, etc. The employer shall send this register to the territorial labour inspectorate within 20 days after hiring the worker. The Committee 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 that the Government has supplied statistics on the employment of children and young persons, and inspections and cases reported. It notes that in 2005, the labour inspectors carried out 33,852 inspections and identified 96 young people aged between 15 and 18 years working without a legal employment contract, and ten children under 15 years were found working. In 2006, the labour inspectors conducted 106,421 inspections, identified 244 young persons between the ages of 15 and 18 working illegally, and imposed penalties on 229 employers for illegally using young people at work. It also notes that during 2007, the territorial labour inspectorates submitted 119 complaints regarding the violation of the Labour Code; for 103 cases the trials were under way; and for three cases administrative fines of 500 to 800 leu (ron) were imposed. The Committee asks 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.