Labour Administration Convention, 1978 (No. 150) - Romania (Ratification: 2008)

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Labour inspection

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration with employers and workers and their organizations. Further to its previous comments regarding the functioning and composition of Tripartite Consultative Councils, the Committee notes that to promote social dialogue at the national level, the Tripartite National Council (TNC) is established under section 82 of Law No. 367/2022 on social dialogue (sections 83-88). It further notes the information provided in the 2023 Annual Report on Labour Inspection Activities (Annual Report) regarding the establishment and activities of the Tripartite Consultative Council established at the level of the Labor Inspection. In particular, the Committee notes that in 2023, the Tripartite Consultative Council of Labour Inspectorates scheduled three meetings at the central level and held 178 meetings at the territorial level. The Committee also notes the Government's indication that from 2019 to 2021, Labour Inspection concluded various collaboration protocols, including with public and private institutions, the social partners and other organisations. In particular, the Committee notes the framework collaboration agreement concluded between the Labour Inspectorate and the National Trade Union Bloc in 2019. Regarding agriculture, the Government indicates that to develop collaboration between labour inspectors in the agricultural sector and employers, workers and their representatives, the Labour Inspection and the Territorial Labor Inspectorates (TLI) have organized information sessions in the field of Occupational Safety and Health (OSH) to provides stakeholders with a better understanding of the new regulations. The Committee notes that from 2019 to 2021 the TLIs organised various information sessions, including 40 sessions in 2021 which were attended by 347 participants, 19 trade union representatives and 36 employer representatives. The Committee requests the Government to provide further information on the composition and meetings of the Tripartite Consultative Council established at the level of the Labor Inspection, including regarding the subject matters covered at these meetings and their outcome.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Resources of the labour inspection system and inspection visits, including in the agricultural sector. Further to its previous comments, the Committee notes the information provided in the Annual Report which indicates that the Labor Inspection is organized and operates with a total number of 2,512 civil servants and contractual staff performing within the Labour Inspection and TLI units, with a total of 1,468 labour inspectors in 2023 (1,536 in 2019). The Annual Report also contains information on the number of active employees registered in the General Register of Employees for the period January-December 2023. In addition, according to the data provided in the Annual Report, the budget allocated to the labour inspectorate has increased from 214,274 Romanian leus (US$51,255,369) in 2019 to 271,616 leus in 2023 (US$59,326,823). Regarding inspection services in agriculture, the Committee notes the information provided in the Government’s report, showing the high fluctuation in the number of agriculture undertakings which increased from 54,518 in 2019 to 60,145 in 2021 before falling to 52,656 in 2022. The Committee further notes that despite the decline in the number of agricultural establishments, the overall number of employees in agricultural undertakings has increased from 27,264 in 2021 to 28,808 in 2022. The Committee also notes that the number of agricultural workplaces inspected has decreased from 1,778 in 2019 to 1,488 in 2021. In this respect, the Government indicates that the frequency of inspection visits is determined by the economic importance of the undertaking controlled, its safety level, the situation of accidents at work, and the number of occupational diseases and fatalities recorded during the previous years. The Committee requests the Government to continue to provide information onthe number of labour inspectors working at national and territorial levels and on the measures taken or envisaged to ensure that adequate human resources are allocated to the labour inspectorate with due regard for the importance of the duties which inspectors have to perform and the number of workplaces liable to inspections and the workers employed therein. The Committee also requests the Government to continue providing statistical information regarding the number of inspection visits performed and the results of inspections (the nature and number of violations detected, the legal provisions to which they relate, sanctions applied if applicable, etc.), including in the agriculture sector.

Articles 13, 17 and 18 of Convention No. 81 and Articles 18, 22, 23 and 24 of Convention No. 129. Prevention and enforcement measures. The Committee notes that in reply to its previous comment, the Government indicates that labour inspectors issued 194 orders for the stoppages of work in 2020, 243 in 2021 and 169 in 2022, while prohibition orders for the use of work equipment were 156 in 2020, 175 in 2021, and 210 in 2022. The Committee further notes the information on the market surveillance and prevention policies provided in the Annual Report, which indicates that under the authority of the Occupational Safety and Health Control Directorate (DCSSM), control activities were conducted in the field of OSH for the year 2023. In particular, the Committee notes that based on the number of work accidents recorded in 2022, various national campaigns and sectoral control actions were carried out and completed in 2023 to ensure the implementation of the strategy and policy of the Ministry of Labor and Social Solidarity in the field of OSH. The Committee takes note of this information which addresses its previous request.

Articles 14, 21(f) and (g) of Convention No. 81 and Articles 19, 27(f) and (g) of Convention No. 129. Notification of occupational accidents and cases of occupational diseases. Following its previous comments, the Committee notes the disaggregated statistical information, provided in the 2022 Labour Inspection Report Based on ILO Conventions No. 81/1947 and No. 129/1969, in particular regarding the 986 cases of declared occupational diseases and their distribution by sectors of economic activities, including in the agriculture sector. The Committee takes note of this information which addresses its previous request.

Issues specifically concerning labour inspection in agriculture

Article 9(3) of Convention No. 129. Specific training for labour inspectors in agriculture. The Committee notes the general information provided by the Government in its report regarding the participation of 671 employees (60 from the Labour Inspection and 611 from the territorial labour inspectorates) in the professional development courses contained in the Annual Professional Development Plan and in other courses, including those organised by the National Agency of Civil Servants (ANFP) in 2021. The Government indicates that the training of labour inspectors is a permanent activity that aims to update knowledge in terms of legislative changes as well as activities of national interest. The Committee notes however that the Government does not provide any information on measures taken to provide labour inspectors with specific training on agriculture or related issues. Recalling the importance of specific training for the performance of labour inspection duties in the agriculture sector, the Committee requests the Government to provide information on measures taken or envisaged to ensure that labour inspectors receive specific training on agriculture and related issues upon their entry into service and in the course of their employment to enable them to gain the technical knowledge required for the performance of their duties.

Labour Administration

Article 5 of Convention No. 150. Consultation, cooperation and negotiation between the public authorities and employers’ and workers’ organizations. The Committee notes the Government’s indication that the consultation of social partners is mandatory in the legislative process and in relation to governmental initiatives, plans, and measures. In this respect, the Government indicates that social partners' proposals or positions, if any, are taken into account in the tripartite consultation processes. The Committee also notes the Government’s indication that the Tripartite National Council established under section 82 of Law No. 367/2022 on social dialogue meets quarterly at the Government level and the Social Dialogue Commissions, at the central and local level and/or their thematic subcommittees, meet at least monthly. The minutes of consultations held within the tripartite social dialogue structures at the level of ministries and prefectures are published on the dialogsocial.gov.ro platform and their activity is monitored centrally at the level of the Ministry of Labour. The Government indicates that the decision-making powers regarding the negotiation, conclusion and monitoring of tripartite (social) agreements rest with the Tripartite National Council according to the social dialogue law (Law No. 367/2022). It further indicates that the advisory opinion of the Economic and Social Council is mandatory for government and Parliament initiatives according to Law No. 248/2013 (CES Law). The Government further refers to the Operational Education and Employment Programme 2021–27, approved by the European Commission in August 2023 and carried out in partnership with nationally representative trade unions and employers’ organisations, which provides for strengthening partnerships regarding employment, social dialogue and training through the development of sectoral committees and the increase of the structural and expertise capacity of the social partners. The Committee takes note of this information, which addresses its previous request. On this matter, the Committee also refers to its comment formulated under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 10. Conditions of service of labour administration staff and the resources allocated for the discharge of labour administration functions. In the absence of information in this regard, the Committee once again requests that the Government provides information on the proportion of the national budget allocated to the Ministry of Labour and Social Solidarity for the discharge of labour administration functions and to describe the material resources available to the staff of the labour administration for the discharge of their duties.

Application in practice. The Committee notes the information provided in the Government’s report on the application of the Convention, in particular concerning the participation of social partners in the organisation of labour administration through consultation, cooperation and collective bargaining. It further notes the information regarding the organization and functioning of the Ministry of Labour and Social Solidarity (Government Decision No. 23/2022 of January 5, 2022) and the National Agency for Employment (Law No. 202/2006), in particular with regard to the organisation of vocational training (sections 27 and 39 of the Law No. 202/2006). Regarding labour administration, the Committee notes the information provided in the Ministry of Labour and Social Solidarity Report on “monitoring and evaluation of the implementation of the National Strategy for Employment 2021–2027” for the year 2022. The Committee takes note of this information which addresses its previous request.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Consultation, cooperation and negotiation between the public authorities and employers’ and workers’ organizations. The Committee notes the Government’s indication in its report that the National Tripartite Council for Social Dialogue, established by Act No. 62/2011 on social dialogue, is the principal high-level consultation structure on national strategies and policies and the minimum wage policy. The Government adds that the sectoral committees established as dialogue structures under the Government’s Emergency Ordinance No. 28/2009, which are involved in the validation of labour standards and the identification of sectoral labour needs, are not operational due to an absence of voluntary participation by the social partners. The Committee requests the Government to provide information on any measures adopted or envisaged with a view to promoting social dialogue through these sectoral committees.

Article 10. Impact of austerity measures on the conditions of service of labour administration staff and the resources allocated for the discharge of labour administration functions. In its previous comments, the Committee requested the Government to specify the impact of the reforms undertaken, and particularly the austerity measures, on the conditions of service of labour administration staff in the light of the obligations established in Article 10. The Government indicates in this regard that, following consultations with the trade unions in 2012, it has taken measures to increase the salaries of budgeted staff, which had been reduced by 25 per cent as a result of the austerity plan adopted in 2010. The Committee requests the Government to provide information on the proportion of the national budget allocated to the Ministry of Labour, the Family, Social Protection and the Elderly for the discharge of labour administration functions and to describe the material resources available to the staff of the labour administration for the discharge of their duties.

Application in practice. The Committee once again requests the Government to provide extracts of reports or other periodic information provided by the principal labour administration bodies, as envisaged in Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158), which supplements the Convention. It also requests the Government to report any practical difficulties which may be encountered in the application of the Convention and the measures envisaged to overcome them.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Consultation, cooperation and negotiation between the public authorities and employers’ and workers’ organizations. The Committee notes the Government’s indication in its report that the National Tripartite Council for Social Dialogue, established by Act No. 62/2011 on social dialogue, is the principal high-level consultation structure on national strategies and policies and the minimum wage policy. The Government adds that the sectoral committees established as dialogue structures under the Government’s Emergency Ordinance No. 28/2009, which are involved in the validation of labour standards and the identification of sectoral labour needs, are not operational due to an absence of voluntary participation by the social partners. The Committee requests the Government to provide information on any measures adopted or envisaged with a view to promoting social dialogue through these sectoral committees.

Article 10. Impact of austerity measures on the conditions of service of labour administration staff and the resources allocated for the discharge of labour administration functions. In its previous comments, the Committee requested the Government to specify the impact of the reforms undertaken, and particularly the austerity measures, on the conditions of service of labour administration staff in the light of the obligations established in Article 10. The Government indicates in this regard that, following consultations with the trade unions in 2012, it has taken measures to increase the salaries of budgeted staff, which had been reduced by 25 per cent as a result of the austerity plan adopted in 2010. The Committee requests the Government to provide information on the proportion of the national budget allocated to the Ministry of Labour, the Family, Social Protection and the Elderly for the discharge of labour administration functions and to describe the material resources available to the staff of the labour administration for the discharge of their duties.

Application in practice. The Committee once again requests the Government to provide extracts of reports or other periodic information provided by the principal labour administration bodies, as envisaged in Paragraph 20 of the Labour Administration Recommendation, 1978 (No. 158), which supplements the Convention. It also requests the Government to report any practical difficulties which may be encountered in the application of the Convention and the measures envisaged to overcome them.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s first report as well as the observations made by the Bloc of National Trade Unions (BNS), received on 18 January 2011 and the Government’s reply thereto.

Article 1 of the Convention. Legislative and policy reforms affecting the labour administration system. The Committee notes that the Government has embarked on a set of reforms supported by the European Union (EU) and the International Monetary Fund (IMF), including austerity measures and measures aimed at implementing European legislative and policy requirements.

The Committee notes the Government’s indication, in response to the observations made by the BNS under the Labour Inspection Convention, 1947 (No. 81), that the reform of public administration, in conformity with the “National Reform Programme”, is a priority of the Government. It further notes that changes have been made to a number of laws, including the Labour Code, the Social Dialogue Act and other laws concerning or affecting the organization and functioning of the labour administration system.

As most of the laws that seem to have an effect on the labour administration system, are not available at the ILO, the Committee is not in a position to assess the conformity of these laws with the requirements of the Convention. The Committee requests the Government to provide copies of any laws concerning labour administration including the new Social Dialogue Act No. 62/2011; the Labour Code No. 53/2003 as revised by Act No. 40 of 2011; Act No. 108/1999 on the establishment and organization of labour inspection, as amended; DG No. 369/2009 on the establishment and functioning of social dialogue at central and territorial level of public administration, as amended; as well as information on the impact of these reforms on the labour administration system.

Please also provide the ILO with a copy of relevant documents such as the National Reform Programme for 2007–10, the National Strategy of Employment for 2004–10, and the National Pact for Employment and Social Stability, as well as any follow-up programmes or strategies.

Please also provide an organigramme of the labour administration system.

Article 5 of the Convention. Consultation, cooperation and negotiation between the public authorities and organizations of employers and workers. The Committee has already noted, under the Employment Policy Convention, 1964 (No. 122), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the existing provisions and procedures for consultation and cooperation with the social partners, including through tripartite social dialogue commissions and other tripartite bodies, such as the Economic and Social Council (CES), the National Commission for Employment Promotion, the National Employment Agency and the National Council for Adult Vocational Training.

The Committee also notes that the Government, in reply to the observations made by the BNS in January 2011 alleging the lack of involvement of the social partners in labour administration, refers to consultations with the social partners on legislative and policy reforms and to their membership in the Management Board of the National Employment Agency, the National Fund for Pensions and Social Security and the National Health Insurance Fund. The Committee also notes however, the observations made by the BNS under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), to the effect that the legislative framework for tripartite consultation is well designed, but in practice, the views of the social partners are ignored and bills are hastily promoted without genuine consultation. Further, it understands from the comments made by a representative of the CNS Cartel Alfa to the Conference Committee on the Application of Standards in June 2011 during the examination of the application by Romania of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), that there are conflicting views between the Government and the trade unions over legislative reforms, and particularly with regard to the level of consultation and the account taken of the views of the social partners in this framework. The Committee would be grateful if the Government would provide information on any future consultation with the social partners in the ongoing legislative and policy reforms. As the Government refers to the establishment of tripartite structures for the negotiation of particular problems (such as a plan on anti-crisis or austerity measures), the Committee would be grateful if the Government would provide further information in this regard, including on the relevant legal texts and any reports on the activities of these structures.

Articles 6 and 10. Impact of austerity measures on labour administration. The Committee notes the comments by the BNS received on 18 January 2011 under the Protection of Wages Convention, 1949 (No. 95); by the Democratic Trade Union Confederation of Romania (CSDR) received on 23 August 2010 under the Labour Inspection Convention, 1947 (No. 81); as well as by the International Trade Union Confederation (ITUC) received on 4 August under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). According to these comments, in the framework of the abovementioned reforms, budget cuts became effective on 1 June 2010, resulting in public sector wage cuts by 25 per cent.

The Committee would be grateful if the Government would specify the impact of the reforms on the conditions of service of the staff of the labour administration with regard to the requirements established in Article 10 of the Convention. If applicable, please also provide a copy of the amended version of Act No. 188/1999 on the status of civil servants.

The Committee further asks the Government to provide information on the budget allocated to the Ministry of Labour, Family and Social Protection and its subordinated and coordinated structures and institutions (in relation to the budget allocated in previous years and in proportion to the national budget).

Part III of the report form. The Committee asks the Government to provide, if applicable, and as requested under Part III of the report form, information on judicial decisions involving questions of principle relating to the application of the Convention and supply the text of these decisions.

Part IV of the report form. The Committee would be grateful if the Government would provide any reports, extracts of reports or other periodic information concerning the work of the principal labour administration services, for instance, the Ministry of Labour, Family and Social Protection, the National Employment Agency, the National Council for Adult Vocational Training, or any other national or local bodies involved in the formulation and implementation of labour policies or programmes.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s first report received on 10 September 2010. It also notes the observations submitted by the Block National Trade Unions (BNS) dated 1 September 2010. The Committee will examine the Government’s first report with the observations of the BNS at its next session and requests the Government to provide any comments that it considers relevant in reply to these observations.