Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Protection of Wages Convention, 1949 (No. 95) - Romania (Ratification: 1973)

Other comments on C095

Observation

Direct Request

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The Committee notes the information contained in the Government’s report, in particular the adoption of the new Labour Code (Law No. 53/2003).

Article 4 of the Convention. Partial payment of wages in kind. The Committee notes the Government’s reference to section 161(3) of the new Labour Code which allows for the partial payment of wages in kind only if this is expressly provided for in the applicable collective agreement or the individual labour contract. The Committee also notes that under section 160 of the Labour Code, the monetary part of wages must not be lower than the statutory national minimum wage. The Committee recalls, in this regard, that Article 4 of the Convention makes exclusive reference to national laws or regulations, collective agreements or arbitration awards (and not to individual labour agreements) as being the only valid legal bases for authorizing the partial payment of wages in kind. The aim is clearly to exclude “private” arrangements which might involve unlawful or unsolicited payments in kind to the detriment of the worker’s earnings. The Committee accordingly requests the Government to take the necessary steps to ensure that the national legislation is brought into line with the Convention in this respect.

Article 11. Protection of wage claims in bankruptcy/insolvency.

Article 14(b). Wage statements. While noting section 163(1) of the Labour Code which requires workers to sign the payroll as a means of proving the payment of wages, the Committee requests the Government to indicate whether there is a standard form for keeping payroll records, or issuing wage statements and, if so, whether this form contains information on wage particulars such as the gross amount earned, the net amount due, and the amount and reasons for any deductions effected.

Article 15(c). Enforcement measures. The Committee notes that while section 276(1)(a) of the Labour Code provides for a fine for non-compliance with the provisions concerning the national minimum wage, the Labour Code does not appear to contain specific provisions on sanctions for other wage-related offences.It therefore requests the Government to provide additional explanations on this point.

Further, the Committee requests the Government to indicate how effect is given in law and practice to the requirements of the Convention concerning the freedom of workers to dispose of their wages (Article 6); the operation of workers’ stores not for the purpose of securing profit but for the benefit of the workers concerned (Article 7), and the payment of wages on a working day and at or near the workplace (Article 13).

Part V of the report form. The Committee requests the Government to provide information on the practical application of the Convention including, for instance, the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on pay conditions, extracts from reports of the labour inspection services, detailed particulars on any difficulties experienced in the private or public sector concerning the timely payment of wages, etc.