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. The Committee notes the Government’s indication that section 166(3) of the Labour Code, which currently authorizes the payment of wages in kind if provided for in an individual employment contract, will be amended at the next suitable occasion to fully comply with the requirements of this Article of the Convention. The Committee accordingly requests the Government to keep the Office informed of any progress made in this regard.

Article 11. Protection of workers’ wage claims in the event of the employer’s bankruptcy. Further to its previous comment, the Committee notes the Government’s statement that the Wage Guarantee Fund established by Act No. 200/2006 is in fact rarely used in practice although the number of beneficiaries has increased from 618 in 2007 to over 11,000 persons in 2010. The Committee would appreciate receiving more detailed information on the operation of the wage guarantee fund (administrating institution, rate of compulsory contribution, number of beneficiaries, claims processed and sums paid per year) and invites once more the Government to consider favourably the ratification of the Protection of Workers’ Claims (Employer’s Insolvency) Convention, 1992 (No. 173).

Article 14(b). Wage statement. In the absence of the Government’s reply on this point, the Committee requests the Government to indicate any measures it intends to take to ensure that workers are provided, at the time of each payment of wages, with payslips detailing all relevant wage particulars, as required under this Article of the Convention.