Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Other comments on C095

Observation

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Articles 8 and 10 of the Convention. Deductions from wages – Attachment of wages. The Committee notes the comments of the Federation of Free Trade Unions of the Chemical and Petrochemical Industries (FSLCP), which were received on 5 June 2012, concerning the application of the Convention. The FSLCP denounces the 25 per cent wage reduction which was decided by the Government in 2010 and which affects 1.3 million public sector employees as an abusive, illegal and inopportune measure. The FSLCP indicates that this austerity measure was introduced through Act No. 118/2010 without any prior consultations and contrary to the provisions of applicable collective agreements, and therefore amounts to a unilateral alteration of the terms of employment contracts of public employees in clear violation of Articles 8 and 10 of the Convention. The FSLCP further indicates that the 25 per cent wage reduction across the public sector, which was initially introduced for a limited period of six months to restore budgetary stability, continues to apply more than two years after its introduction despite court decisions which have upheld public employees’ claims and confirmed the obligation to return to the pre-2010 salary levels.

In its reply, the Government indicates that the budget expenditure for salaries of public employees is determined within the limits established by the financial agreement concluded with the International Monetary Fund (IMF) and Government priorities for fiscal consolidation measures. It also indicates that taking into account the evolution of macroeconomic indicators and the measures agreed with the international financial institutions, the Government initiated a real and transparent social dialogue with the social partners, and issued an Emergency Ordinance approving measures for the recovery of the wage reductions made under Act No. 118/2010. A first pay increase of 8 per cent was made in June 2012 and another increase of 7.4 per cent is planned for December 2012 aiming at restoring the public wage levels of June 2010. Finally, the Government makes reference to the Constitutional Court Decision No. 872 of June 2010 and the ruling of the European Court of Human Rights in the cases Mihaies v. Romania (44232/11) and Sentes v. Romania (44605/11), which upheld the legitimacy of pay cuts decided in pursuance of public interest imperatives. The Committee requests the Government to continue providing information on the progressive restoration of public wages to their pre-2010 levels in accordance with the abovementioned emergency ordinance and the Letter of Intent addressed to the IMF in June 2012.

In addition, the Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2013.]