Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Romania

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1973)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1975)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. 1. Additional duties entrusted to labour inspectors related to immigration. Further to its previous comments, the Committee notes that according to the 2023 Annual Report on Labour Inspection Activities (Annual Report), various activities and measures were undertaken by the Labour Inspectorate in collaboration with the General Inspectorate for Immigration (IGI), based on the operative cooperation plan for detecting illegal foreign employees and combating the undeclared work of foreigners. In this respect, the Committee notes that 3,477 controls were carried out regarding compliance with relevant provisions of Ordinance No. 25/2014 (on the employment and posting of foreigners on the territory of Romania), of which 706 were conducted jointly with the General Inspectorate for Immigration; 85 migrant workers performing without an employment permit were identified; 78 sanctions were applied, including 45 penalty charges worth 611,400 Romanian lei (approximately US$133,593) and 33 warnings; and 463 remedy measures were ordered to address non-conformities found. It further notes that under section 6, paragraph 3(n) of the Government Decision No. 23/2022 of 5 January 2022, the Ministry of Labour and Social Solidarity is requested to elaborate and promote public policies regarding mobile/migrant workers and initiate legislative or administrative measures with a view to the socio-professional integration of immigrants in Romania, ensuring the promotion of vocational training policies, employment and the fight against discrimination of immigrant workers. Noting that the Government’s report does not contain information regarding matters previously raised, the Committee once again requests that the Government provide information on specific measures taken to ensure that the additional functions assigned to labour inspectors do not interfere with their primary duties, as set forth in Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. The Government is also requested to provide information on specific measures undertaken by the inspectorate to ensure the enforcement of the rights of migrant workers, including those in an irregular situation. In addition, the Committee reiterates its request that the Government provides information on the number of cases in which these workers have been granted their due rights, such as the payment of outstanding wages or social security benefits, disaggregated based on controls carried out by the labour inspectorate alone and controls conducted jointly with the General Inspectorate for Immigration. The Committee, once again, requests the Government to provide information on the number of cases in which migrant workers were deported following the control activities of labour inspectors, again disaggregated based on controls carried out by the labour inspectorate alone and controls conducted jointly with the General Inspectorate for Immigration.

2. Control of undeclared work. The Committee notes the definition of undeclared work, provided under section 15 of the Labour Code. It also notes the statistics on undeclared work in the Annual Report, which indicate that 67,632 controls were carried out; 2,822 employers were sanctioned for undeclared work; and 8,920 persons were found engaged in undeclared work, including 5,746 persons performing work without an employment contract. Moreover, 2,922 sanctions were issued, and 5,444 measures were ordered to correct the non-conformities. Regarding the work of the labour inspectorate with respect to undeclared work, the Committee notes that according to the Annual Report, national campaigns regarding the identification and combating of cases of undeclared work were conducted in 2023 and 24,363 notification letters were sent to employers in different fields of activity to raise awareness regarding undeclared work. Noting that the Government’s report does not contain full information regarding some of the matters previously raised, the Committee requests the Government to continue to provide information on the work of the labour inspectorate with respect to undeclared work, in particular with regard to the number of cases in which the labour inspectorate orders the conclusion of an employment contract and the action taken by the inspectorate with respect to those workers where no employment contract is subsequently concluded.

The Committee is raising other matters in a request addressed directly to the Government.