Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Rumania

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1973)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1975)
Convenio sobre la administración del trabajo, 1978 (núm. 150) (Ratificación : 2008)

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.