CMNT_TITLE

The Committee notes with interest the Government’s first report and the attached documentation.

Article 1, paragraph 1, of the Convention. The Committee notes the Government’s indication that by Order No. 335 of 25 May 2001, the national minimum monthly wage rate was fixed as from 1 April 2001 at 100 lei, whereas the monthly wage rate for category I of workers in self-financing enterprises has been increased from 169 lei to 250 lei as from 1 July 2002. The Committee requests the Government to transmit a copy of all the texts establishing the minimum wage rates currently in force. In addition, the Committee notes that under section 39 of the Wages Act No. 847-XV of 14 February 2002, the Government was bound to submit to Parliament within the year 2002 a bill respecting the system for establishing the minimum wage in the public sector. The Committee asks therefore the Government to specify whether such a bill has in fact been submitted to Parliament and, if so, to communicate its text.

Article 2, paragraph 1. The Committee notes that no specific provisions on penal or other sanctions for failure to apply minimum wages are contained either in Act No. 1432-XIV of 28 December 2000 on the method of fixing and revising the minimum wage or in the Wages Act of 2002. The Committee requests therefore the Government to specify the penalties applicable in the event of infringement of the legislation relating to the minimum wages and to indicate the relevant legal provisions.

Article 4, paragraphs 2 and 3. The Committee notes that under section 3(1), (3), and (4) of the Minimum Wage Act of 2001 and section 11 of the Wages Act of 2002, the minimum monthly or hourly wage rate is established by the Government upon prior consultations with the employers’ and workers’ organizations. Recalling that the requirement for full consultation and direct participation of the employers and workers concerned in all stages of the minimum wage fixing process is best applied in a well-defined, commonly agreed and institutionalized form, the Committee would appreciate receiving additional information on the manner in which the consultations with the social partners are organized and conducted in practice.

Article 5 and Part V of the report form. While noting that under sections 1(2) and 4 of Act No. 140-XV of 10 May 2001 on labour inspection, the labour inspectorate is assigned the general responsibility for ensuring compliance with labour laws and regulations regarding wages, the Committee requests the Government to provide in its next report more detailed information on the application of enforcement measures, including labour inspection visits, and the results obtained with specific reference to minimum wages. The Committee would be particularly interested in receiving up-to-date information on the application of the Convention in practice, such as available statistics on the number of offences relating to minimum wages reported and sanctions imposed, the approximate number and different categories of workers covered by relevant legislation, the evolution of minimum wage rates as well as any other particulars bearing on the functioning of the minimum wage fixing machinery.