CMNT_TITLE

Protection of Wages Convention, 1949 (No. 95) - Romania (RATIFICATION: 1973)

Other comments on C095

Observation

Direct Request

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Article 4 of the Convention. Partial payment of wages in kind. Further to its previous comment, the Committee notes that section 166(3) of the Labour Code, as last amended by Act No. 40/2011, still authorizes the partial payment of wages in kind if provided for in an individual employment contract. The Committee once again recalls that under the Convention, the partial payment of wages in kind may be authorized only by national laws or regulations, collective agreements or arbitration awards but not individual agreements. The Committee accordingly requests the Government to take the necessary measures to bring the national legislation into conformity with the Convention on this point.

Article 11. Protection of workers’ wage claims in the event of the employer’s bankruptcy. The Committee notes with interest the adoption of Act No. 200/2006 on the establishment of the guarantee fund for the payment of employees’ claims. It understands, however, that due to lack of information or the complexity of the procedure, relatively few workers seem to have made use of the guarantee fund despite the fact the current economic crisis has resulted in a number of company insolvencies. The Committee requests the Government to provide information on the practical operation of the wage guarantee fund, including data on the number of claims received and amounts paid per year. In addition, the Committee invites the Government to consider ratifying the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173), which revises Article 11 of Convention No. 95.

Article 14(b). Wage statements. The Committee notes that under section 168(1) of the Labour Code, as amended, the payment of wages is proved by the employee signing the pay lists or by any other documentary evidence to this effect. The Committee accordingly requests the Government to indicate any measures taken or envisaged to ensure that, at the time of each payment of wages, workers are provided with wage statements containing all relevant information for the pay period concerned such as the gross amount earned, the net amount due, and the amount and reasons for any deductions made.

Article 15(c). Enforcement measures. The Committees notes that under section 261 of the Labour Code, as amended, failure to implement within 15 days a final court order for the payment of wages constitutes an offence punishable by three to six months’ imprisonment or by fine. The Committee requests the Government to specify any additional legal provisions providing for sanctions in case of wages-related offences other than the non-payment of wages.

[The Government is asked to reply in detail to the present comments in 2013.]