Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 363, Mars 2012

Effect given to the recommendations of the Committee and the Governing Body

1. 209. The Committee last examined this case which concerns obstacles to collective bargaining in a public administration (Court of Audit) at its March 2010 meeting [see 356th Report, approved by the Governing Body at its 307th Session, paras 168–179]. On that occasion, noting the attempt at conciliation by the Ministry of Labour, which had not yielded results, the Committee had urged the Government to take all the steps necessary to settle the dispute between the trade union LEGIS–CCR and the management of the Court of Audit as quickly as possible and in accordance with the established procedures, and to promote collective bargaining in the Court. With regard to its recommendations concerning the need to amend section 12 of Act No. 130/1996 on collective labour agreements, the Committee had once again requested the Government to take all the steps necessary to ensure that base salaries, pay increases, allowances, bonuses and other entitlements of public service employees are no longer excluded from the scope of collective negotiations. With regard to its recommendations concerning the need to amend Act No. 188/1999 on the status of civil servants so that it does not limit the scope of negotiation of collective agreements in the public service, the Committee had once again requested the Government to take the necessary steps to amend the law so that it does not restrict the range of matters that may be negotiated, in particular those that normally pertain to conditions of work or employment. The Committee had encouraged the Government to draw up guidelines on collective bargaining with the social partners concerned and to define the scope of bargaining, in accordance with Conventions Nos 98 and 154 which it has ratified.
2. 210. In its communications dated 7 February and 27 May 2011, and 19 January 2012, the Government reports a positive development with regard to the dispute between the trade union LEGIS–CCR and the management of the Court of Audit. Once the Ministry of Labour, Family and Social Protection had notified the Court of its obligation, under the legislation, to engage in collective bargaining, the management of the Court had notified the union that negotiations on the collective agreement of the institution’s employees would commence on 9 February 2011. The trade unions concerned responded positively to the invitation to hold discussions, and these were held over several sessions, the minutes of which have been transmitted by the Government. Furthermore, a special committee was established to monitor relations between the Court and the trade unions. The Government considers that, by engaging in these negotiations, the Court of Audit has fulfilled its obligations under Act No. 130/1996.
3. 211. However, the Government specifies that under Act No. 284/2010 on the unitary remuneration of staff paid out of public funds, the salaries of civil servants and contract employees cannot be negotiated collectively and is established solely by law. The Government states that, according to the principles of equity and non-discrimination, the same regulations must apply to the salary entitlements of civil servants and contract employees. Nevertheless, according to the Government, collective bargaining could cover all other subjects related to the employment and working conditions of these two categories of public employee. Lastly, the Government points out that neither Act No. 130/1996 nor Act No. 188/1999 provides for any limitations on the conditions of employment or work that may be subject to negotiation, and that under Romanian law the parties are not obliged to conclude a collective agreement. The conclusion of such an agreement depends entirely on the will of the parties to collective bargaining.
4. 212. The Committee notes with interest the information to the effect that, at the initiative of the Court of Audit, meetings have been held since February 2011 between the Court and the trade unions active within it, namely, LEGIS–CCR and the Trade Union of the Court of Audit of Romania (SCCR), on modalities for the negotiation of a collective labour agreement. The Committee requests the Government to continue to keep it informed of any new developments in this regard.
5. 213. Nevertheless, the Committee notes with regret that the Government’s report does not contain any indication of the measures taken or envisaged to amend Act No. 130/1996 on collective labour agreements and Act No. 188/1999 on the status of civil servants, which have been the subject of recommendations for many years. The Committee once again recalls that, in general, limitations on the scope of negotiation of collective labour agreements in the public service are contrary to the principles of the collective bargaining Conventions ratified by the Government, which encourage and promote the development and use of collective bargaining machinery on terms and conditions of employment [see 351st Report, approved by the Governing Body at its 303rd Session, paras 1241–1283]. The Committee is bound to remind the Government once again that all public servants who are not engaged in the administration of the State should enjoy the guarantees provided for in Article 4 of Convention No. 98 with regard to the promotion of collective bargaining.
6. 214. Moreover, the Committee notes that the Government refers to Act No. 284/2010 on the unitary remuneration of staff paid out of public funds, under which the salaries of civil servants and contract employees cannot be negotiated collectively and are established solely by law. The Committee is therefore bound to request the Government once again to take all the steps necessary to amend section 12(1) of Act No. 130/1996, so that it no longer excludes from the scope of collective bargaining base salaries, pay increases, allowances, bonuses and other related entitlements of public service employees. Similarly, with regard to Act No. 188/1999, the Committee once again urges the Government to take all the necessary steps to amend the Act so that it no longer limits the scope of matters that can be negotiated in the public administration, in particular those that normally pertain to conditions of work and employment. The Committee once again encourages the Government to draw up guidelines on collective bargaining with the social partners concerned and to define the scope of collective bargaining, in accordance with Conventions Nos 98 and 154 which it has ratified. In any event, if the legislation or Constitution requires that agreements concluded be subject to a budgetary decision by Parliament, the system should in practice ensure full respect for provisions that have been negotiated freely. The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of this case.