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

The Committee notes the detailed information contained in the Government’s report and attached documents.

Article 4, paragraphs 2 and 3, of the Convention. Tripartite consultations. In the absence of a response on this point, the Committee again requests the Government to supply full particulars on the respective functions and tasks of different bodies in respect of minimum wage fixing, such as the National Indexing Commission, the Social Dialogue Commissions and the Economic and Social Council.

Article 5 and Part V of the report form. Enforcement measures. The Committee notes that the national minimum wage was last revised by Government Order No. 1825/2006 and is now set at new lei (RON) 390 (approximately US$156) for 170 hours of work a month. It also notes that the National Collective Agreement No. 2895/2006, which has been in effect since 1 January 2007, provides for a minimum wage of RON440 (approximately US$176) per month or RON2.59 (approximately US$1.03) per hour. The Committee further notes that, in 2007, 32 collective agreements were concluded at the branch or enterprise level providing for higher minimum wage levels (ranging from RON460 (approximately US$184) in the construction industry to RON620 (approximately US$248) in the oil industry). As regards sanctions, the Committee notes that the non-observance of minimum pay rates in force carries a fine of RON300 to 2,000 (approximately US$120 to 800) by virtue of section 276(1)(a) of the Labour Code (Act No. 53/2003), and eventually an additional fine of RON3,000 to 10,000 (approximately US$1,200 to 4,000)under section 21 of Act No. 108/1999 on labour inspection, in case measures ordered by labour inspectors are not complied with. Finally, the Committee notes the statistical information on the evolution of minimum wages between 2002 and 2007 and on labour inspection results showing that fines totalling RON143,500 (approximately US$57,500) were imposed to 174 employers in 2006. The Committee would appreciate if the Government would continue transmitting up to date information, including all available statistics and official studies or reports, on the practical application of the Convention.