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CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.
Repetition
The Committee notes the observations received on 10 June 2011 from the National Trade Union Confederation (CNS “Cartel Alfa”) and the Block of National Trade Unions (BSN), as well as the Government’s comments thereon.
Article 5 of the Convention. Coexistence of trade union representatives and elected representatives in the same undertaking. The Committee notes that the CNS “Cartel Alfa” and the BSN denounce the wilful and disproportionate increase of the role of elected employees’ representatives to the detriment of trade unions under the legislation adopted in 2011, which allows such representatives to engage in collective bargaining under very lax conditions, even if trade unions are also represented in the respective undertakings. The Committee notes the Government’s indication in this regard that the legislation provides for the exclusive right to collective bargaining of the representative union at enterprise level or of a trade union affiliated to a representative trade union federation at sectoral level, and in the absence of such a trade union, stipulates the possibility for elected employees’ representatives to participate in collective bargaining, which cannot limit or exclude the election, participation or entitlement of trade union representatives to collective bargaining. The Committee observes however that, according to section 135(1) of Act No. 62 of 2011 concerning social dialogue, in enterprises where there is no representative enterprise union: (a) if there is a trade union at enterprise level which is affiliated to a representative trade union federation at sectoral level, the negotiation will be undertaken by the representatives of that trade union federation together with the elected employees’ representatives; and (b) if there is a trade union at enterprise level which is not affiliated to a representative trade union federation at sectoral level, or if there is no trade union at enterprise level, the negotiation will be undertaken by the elected employees’ representatives. The Committee emphasizes that the affiliation to a representative trade union federation should not be required for enterprise unions to be able to negotiate at enterprise level. It also recalls that minority unions in the unit should be able to negotiate, jointly or separately, on behalf of their own members, if no union represents the required percentage for representativity to be able to negotiate on behalf of all workers (exclusive bargaining agent). The Committee requests the Government to amend the relevant legislation in order to guarantee the application of these principles and thus give effect to Article 5 of the Convention.

CMNT_TITLE

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
The Committee notes the observations received on 10 June 2011 from the National Trade Union Confederation (CNS “Cartel Alfa”) and the Block of National Trade Unions (BSN), as well as the Government’s comments thereon.
Article 5 of the Convention. Coexistence of trade union representatives and elected representatives in the same undertaking. The Committee notes that the CNS “Cartel Alfa” and the BSN denounce the wilful and disproportionate increase of the role of elected employees’ representatives to the detriment of trade unions under the legislation adopted in 2011, which allows such representatives to engage in collective bargaining under very lax conditions, even if trade unions are also represented in the respective undertakings. The Committee notes the Government’s indication in this regard that the legislation provides for the exclusive right to collective bargaining of the representative union at enterprise level or of a trade union affiliated to a representative trade union federation at sectoral level, and in the absence of such a trade union, stipulates the possibility for elected employees’ representatives to participate in collective bargaining, which cannot limit or exclude the election, participation or entitlement of trade union representatives to collective bargaining. The Committee observes however that, according to section 135(1) of Act No. 62 of 2011 concerning social dialogue, in enterprises where there is no representative enterprise union: (a) if there is a trade union at enterprise level which is affiliated to a representative trade union federation at sectoral level, the negotiation will be undertaken by the representatives of that trade union federation together with the elected employees’ representatives; and (b) if there is a trade union at enterprise level which is not affiliated to a representative trade union federation at sectoral level, or if there is no trade union at enterprise level, the negotiation will be undertaken by the elected employees’ representatives. The Committee emphasizes that the affiliation to a representative trade union federation should not be required for enterprise unions to be able to negotiate at enterprise level. It also recalls that minority unions in the unit should be able to negotiate, jointly or separately, on behalf of their own members, if no union represents the required percentage for representativity to be able to negotiate on behalf of all workers (exclusive bargaining agent).The Committee requests the Government to amend the relevant legislation in order to guarantee the application of these principles and thus give effect to Article 5 of the Convention.

CMNT_TITLE

The Committee notes the observations received on 10 June 2011 from the National Trade Union Confederation (CNS “Cartel Alfa”) and the Block of National Trade Unions (BSN), as well as the Government’s comments thereon.
Article 5 of the Convention. Coexistence of trade union representatives and elected representatives in the same undertaking. The Committee notes that the CNS “Cartel Alfa” and the BSN denounce the wilful and disproportionate increase of the role of elected employees’ representatives to the detriment of trade unions under the legislation adopted in 2011, which allows such representatives to engage in collective bargaining under very lax conditions, even if trade unions are also represented in the respective undertakings. The Committee notes the Government’s indication in this regard that the legislation provides for the exclusive right to collective bargaining of the representative union at enterprise level or of a trade union affiliated to a representative trade union federation at sectoral level, and in the absence of such a trade union, stipulates the possibility for elected employees’ representatives to participate in collective bargaining, which cannot limit or exclude the election, participation or entitlement of trade union representatives to collective bargaining. The Committee observes however that, according to section 135(1) of Act No. 62 of 2011 concerning social dialogue, in enterprises where there is no representative enterprise union: (a) if there is a trade union at enterprise level which is affiliated to a representative trade union federation at sectoral level, the negotiation will be undertaken by the representatives of that trade union federation together with the elected employees’ representatives; and (b) if there is a trade union at enterprise level which is not affiliated to a representative trade union federation at sectoral level, or if there is no trade union at enterprise level, the negotiation will be undertaken by the elected employees’ representatives. The Committee emphasizes that the affiliation to a representative trade union federation should not be required for enterprise unions to be able to negotiate at enterprise level. It also recalls that minority unions in the unit should be able to negotiate, jointly or separately, on behalf of their own members, if no union represents the required percentage for representativity to be able to negotiate on behalf of all workers (exclusive bargaining agent). The Committee requests the Government to amend the relevant legislation in order to guarantee the application of these principles and thus give effect to Article 5 of the Convention.

CMNT_TITLE

The Committee notes the texts of the three fundamental labour laws of 1991 adopted by the Romanian Parliament: Act No. 54 concerning trade unions, Act No. 13 concerning collective labour agreements and Act No. 15 concerning the settlement of collective labour disputes, and the new Constitution.

The Committee notes with interest that the new texts, and the repeal of several legislative provisions which had been the subject of its previous observations, change the general orientation of the industrial relations system, establish trade union pluralism and the independence of the trade union movement, and provide a number of protective measures for workers' representatives.

Article 1 of the Convention. The Committee notes, however, that section 11(3) of Act No. 54 restricts the specific protection granted to trade union officers under section 11(1) against the modification or termination of their contract of employment, by excluding persons who have been removed from trade union office "on the grounds of having infringed legal or statutory provisions".

The Committee considers that, in accordance with the principles of freedom of association, such a restriction should not be placed upon the activities of a trade union officer. It requests the Government to indicate in its next report the precise statutory or legal provisions in question.

Article 2. In addition, the Committee requests the Government to supply information on the measures that have been taken to afford workers' representatives facilities in the undertaking in order to enable them to carry out their functions promptly and efficiently in the light of the examples set out in Recommendation No. 143 (access to the workplace and the management of the enterprise, the posting of trade union notices, the distribution of news sheets and other trade union publications, etc.), as well as any administrative or judicial decisions relating to the effect given to the Convention in practice.

[The Government is asked to report in detail for the period ending 30 June 1992.]

CMNT_TITLE

The Committee notes the texts of the three fundamental labour laws adopted by the Romanian Parliament: Act No. 54 concerning trade unions of 1 August, Act No. 13 concerning collective labour agreements of 8 February 1991, and Act No. 15 concerning the settlement of collective labour disputes of 11 February and the new Constitution of 8 December 1991.

The Committee notes with interest that the new texts, and the repeal of several legislative provisions which had been the subject of its previous observations, change the general orientation of the industrial relations system, establish trade union pluralism and the independence of the trade union movement, and provide a number of protective measures for workers' representatives.

CMNT_TITLE

The Committee takes note of the information supplied by the Government in reply to its previous comments clarifying that there is no new trade union legislation, although the question of revising the current legislation is still on the agenda.

In the future, if and when a decision is taken to revise the current texts, the Committee requests the Government to inform it of developments.

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