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Article 1 of the Convention. Application of the Convention in the public service. In its previous comments, the Committee requested the Government to clarify whether budgetary institution employees are regarded as public servants under Act No. 188/1999 on the status of public servants, as amended by Act No. 251/2004. The Committee notes the Government’s indication that the status of budgetary institution employees varies according to the institution and type of employment relationship. They may have the status of public servants, a special status or even the status of contract staff in which case they are subject to the provisions of the Labour Code.

The Committee notes the indication that the staff excluded from the scope of the status of public servants under section 6 of the Act (personnel not exercising public authority prerogatives; salaried personnel recruited to the dignitary’s cabinet; teachers) are subject, where appropriate, to the labour legislation or to specific legislation (status of teaching personnel or status of magistrates and prosecutors). The Committee requests the Government to indicate whether each of the categories of personnel who are excluded from the status of public servants under section 6 of the above Act benefit from the right to collective bargaining, as established by the Convention.

The Committee notes the Government’s statement that it wishes to amend certain laws in consultation with the social partners in order to extend collective bargaining to all branches according to the spirit of the Convention and in order to comply with ILO standards and European directives. It is also envisaging the adoption of an act on the salaried employment of budgetary institution personnel. The Committee requests the Government to indicate any developments in this regard.

Article 2. Scope of collective bargaining in the public sector. The Committee recalls that the Convention provides that the term “collective bargaining” extends to all negotiations for: (a) determining working conditions and terms of employment; and/or (b) regulating relations between employers and workers; and/or (c) regulating relations between employers or their organizations and a workers’ organization or workers’ organizations. The Committee previously requested the Government to clarify whether collective bargaining in the public service is indeed strictly limited to the matters listed in section 61 of Act No. 188/1999. The Government refers to section 1(1) of the Act on collective labour agreements, 1996, which provides that collective agreements concluded between an employer or an employers’ organization and trade unions may cover working conditions, wages and other rights and obligations arising from industrial relations. The Committee understands that the Act on collective labour agreements applies to the private sector and possibly to part of the public sector. The Committee therefore requests the Government to take measures to ensure the gradual extension of collective bargaining in the public sector to all matters covered by Article 2 of the Convention.

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The Committee notes the information provided in the Government’s report. It notes the adoption of Act No. 53/2003 on the new Labour Code and the new Act No. 54/2003 on trade unions. The Committee also notes the conclusion of the Social Stability Pact for 2004 between the social partners outlining the primary fields of common interest upon which they have agreed to cooperate. The Committee takes note of the statistics provided by the Government on collective bargaining.

Articles 1, 2 and 5 of the Convention. 1. In its previous comments, the Committee requested the Government to provide information on collective bargaining in the public service and, in particular, to supply copies of the relevant laws or regulations adopted to this effect and the texts of any collective agreements concluded in the public service as a whole or in individual government departments. The Committee notes from the Government’s report that a number of laws have been adopted in relation to the public service and, in particular, Act No. 251/2004 amending Act No. 188/1999 on civil servants’ status, as well as Act No. 65/2003 on the status of customs’ personnel. The Committee notes the Government’s referral to section 12, paragraph 1, of Act No. 130/1996, as amended by Act No. 143/1997, which provides that employees of budgetary institutions can conclude collective labour contracts but that these collective labour contracts cannot cover the rights defined and quantified under the law. The Government also refers to section 61 of Act No. 188/1999, as amended, under which agreements can be concluded on an annual basis between public authorities and institutions and representative trade unions or civil servants’ representatives, on: (1) funds for the improvement of working conditions; (2) occupational health and safety; (3) daily work schedule; (4) vocational improvement; (5) complementary measures regarding the protection of members of unions’ management bodies. Necessary information must be supplied to that end by the public authorities to the representative trade unions or public servants’ representatives. The Committee has taken note of the Government’s general comment that collective bargaining cannot comprise those rights (including wages) and obligations of civil servants which are established under the law.

The Committee will examine Act No. 251/2004 amending Act No. 188/1999 on civil servants’ status once it has received its translation. In the meantime, the Committee requests the Government:

-  to clarify if employees of the budgetary institutions are considered to be public servants under Act No. 188/1999, as amended, and to specify the rights of those employees who are excluded from collective bargaining;

-  to clarify whether collective bargaining in the public service is indeed strictly limited to the matters enumerated under section 61 of Act No. 188/1999, as amended.

The Committee recalls that, under Article 5, paragraph 2(b), collective bargaining should be progressively extended to all matters covered by subparagraphs (a), (b) and (c) of Article 2 of the Convention. Article 2 states that for the purpose of the Convention the term "collective bargaining" extends to all negotiations for: (a) determining working conditions and terms of employment; and/or (b) regulating relations between employers and workers; and/or (c) regulating relations between employers or their organizations and a workers’ organization or workers’ organizations. The Committee requests the Government to indicate the measures envisaged to progressively extend collective bargaining to include the rights and obligations of public servants and budgetary institutions’ employees which are currently established under the law and so excluded from collective bargaining. In this respect, the Committee requests the Government to indicate if, under the current legislative framework, agreements with trade union organizations, with a view to submitting draft legislation amending the statutory provisions, are possible. The Committee requests the Government once again to provide copies of any collective agreements concluded in the public service as well as a copy of Act No. 65/2003 on the status of customs’ personnel.

2. In its previous comments, the Committee requested the Government to provide information with regard to progress made in unionization and collective bargaining in small enterprises. The Committee notes that the Government indicates that Act No. 54/2003 does not differentiate between the different types of enterprises and that, under section 3, paragraph 1, of Act No. 130/1996, as amended, collective bargaining is mandatory at the level of a particular unit, with the exception of units with less than 21 employees. The Committee requests the Government to provide practical information on collective bargaining in small enterprises and, in particular, on the number of collective agreements concluded.

Article 5. In its previous comments, the Committee requested the Government to indicate: (1) whether the requirement that one-third of workers belong to a union before a union is able to negotiate at the enterprise level (section 17 of Act No. 130/1996, as amended) applies to all the trade unions together or to a single trade union; and (2) where less than one-third of workers are union members, whether it is possible to negotiate collectively. The Government indicates that, under sections 17(1)(c) and 18(3) of Act No. 130/1996, as amended, the representative status is recognized when the number of the union’s members represents at least one-third of the workers of the enterprise or when the union is affiliated to a higher level organization with a representative status. The Committee takes note of the information provided by the Government.

The Committee also refers the Government to its direct request made in relation to the application of Convention No. 98, in respect of the duration of the collective bargaining process and of public servants not engaged in the administration of the State.

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The Committee notes the information contained in the Government's report and in the Act respecting the amendment of Act No. 130/1996 on collective labour agreements and its supplement.

1. The Committee notes with interest the list of sectors and categories where collective agreements have been concluded and reiterates its previous requests to the Government, namely:

-- to provide information on the measures by which effect is given in practice to section 20(1) of Act No. 13 of 8 February 1991 respecting collective agreements in the public service, and to supply a copy of laws or regulations adopted to this effect and the texts of any collective agreements concluded in the public service as a whole or in individual government departments;

-- to provide information with regard to progress made in unionization and collective bargaining in small enterprises.

2. The Committee requests the Government to indicate: (1) whether the requirement that one-third of workers belong to a union before a union is able to negotiate at the enterprise level (section 17 of Act No. 130/1996) applies to all the trade unions together or to a single trade union; and (2) where less than one-third of workers are union members, whether it is possible to negotiate collectively.

3. The Committee also refers the Government to its direct request made in the context of Convention No. 98, in respect of the duration of the collective bargaining process.

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The Committee notes the information supplied by the Government in its first report. The Committee requests the Government to provide further information on the measures by which effect is given in practice to section 20(1) of Act No. 13 of 8 February 1991 respecting collective agreements in the public service and to supply a copy of any laws or regulations which have been adopted to this effect and the text of any collective agreement which has been concluded covering the whole or part of the public service (Article 1, paragraph 3, of the Convention).

The Committee also notes the Government's statement in its report that representatives of the Romanian National Employers' Union have been requested to conform to national rules and the Convention. The Committee requests the Government to supply information in its next report on the progress achieved in unionization and collective bargaining in the small enterprises and commerce sectors (Article 5). The Committee also requests the Government to supply information on the sectors and categories which are in practice covered by collective agreements.