Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's reports and in the reports of the Committee on Freedom of Association concerning Cases Nos. 1788, 1891 and 1904 (see 297th and 306th Reports of the Committee on Freedom of Association, approved by the Governing Body at its March 1995 and March 1997 sessions respectively).

The Committee again recalls that its previous comments referred to the need to amend or repeal the following provisions of Act No. 15/1991 concerning the settlement of collective labour disputes and Act No. 54/1991 concerning trade unions, in order to bring the legislation into conformity with the Convention:

-- sections 38 and 43 of Act No. 15 establishing a compulsory arbitration procedure which may be set in motion at the sole initiative of the Minister of Labour when a strike has lasted for more than 20 days and its continuation "is likely to affect the interests of the general economy";

-- section 30 of Act No. 15 which provides that the Supreme Court of Justice may suspend the start or continuation of a strike for a period of 90 days if it deems that major interests of the economy may be affected;

-- section 47 of Act No. 15 which provides for heavy penalties (up to six months' imprisonment) if a strike is called in disregard of section 45(4) and others of the Act;

-- section 13 of Act No. 15 which prohibits persons who have declared a strike without respecting the terms laid down by the Act from being elected as trade union delegates;

-- sections 32(3) and 36(3) of Act No. 15 which establish the financial liability of strike organizers if the conditions for starting or pursuing the strike have not been met;

-- section 13(3) of Act No. 15 under which delegates of the workers can only be elected from among workers with three years' seniority in the unit, or if the unit has been in operation for less than three years, workers who have been in it since its foundation;

-- section 9 of Act No. 54 which provides that only Romanian citizens employed in the production unit may be elected to trade union office.

The Government indicates in its report that the Bill amending the Act on the settlement of collective labour disputes has been discussed with the social partners within the Committee for Social Dialogue set up by the Ministry of Labour and Social Protection and is due to be submitted to Parliament for adoption in the near future. It adds that the Bill amending the trade union Act is still under discussion.

The Government describes the changes introduced by the Bill, namely the binding arbitration provided for under sections 38 and 43 of Act No. 15 will be replaced by a conciliation, mediation and arbitration procedure which will be initiated at the request of the parties concerned; employers will be able to apply to the courts for a suspension of the strike of 30 days only (instead of 90 days) if the strike endangers the life or health of persons (section 30), rather than the national economy; and section 13(3), which stipulates the requirement of at least three years' service with an undertaking as a condition of eligibility for trade union office, and sections 32(3) and 36(3), which provide for financial liability for strike organizers who fail to comply with established procedures, have not been included in the Bill. The Government also indicates that only (a) prosecutors, judges, military personnel of the Ministries of Defence, the Interior and Justice and subordinate units, and (b) workers involved in nuclear power operations, continuous furnace facilities where stoppages would give rise to the risk of explosion, and persons acting under orders in the defence of the country, will not be allowed to exercise the right to strike. However, employees in the categories listed under (b) will be able to apply to the Social and Economic Council for mediation if conflicts of interest arise. Lastly, provided that at least one-third of the normal activities of essential services is assured, strikes will be authorized in the following services: telecommunications and broadcasting; rail transport, including railway security staff; and services responsible for public transport and hygiene in public places, and for supplying the population with gas, electricity, heating and water. The list as given in the Bill no longer includes employees in the following services: pharmaceuticals, teaching, repairs of rolling stock, supplying the population with bread, milk and meat.

The Committee notes this information with great interest and again expresses the hope that the text in question will be adopted in the near future and that the Government will take all the necessary measures without delay to bring all its legislation, that is to say, Act No. 15 and Act No. 54 of 1991, into full conformity with the Convention in the very near future. The Committee requests the Government to provide it with a copy of the legislation amending the Acts in question as soon as it is adopted.

Furthermore, the Committee notes with interest the adoption of the Bill on the conclusion, execution, suspension and termination of an individual labour contract repealing Act No. 1/1970 on labour organization and discipline in state socialist units, which has been the subject of critical comments for many years, and requests the Government to send it a copy of the provision which repeals Act No. 1/1970.