Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Romania

Social Security (Minimum Standards) Convention, 1952 (No. 102) (Ratification: 2009)
Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) (Ratification: 1992)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards) and 168 (employment promotion and unemployment benefits) together.

The Committee notes that a representation under article 24 of the ILO Constitution was submitted to the Governing Body by the National Trade Union Confederation (CNS “CARTEL ALFA”), alleging non-compliance by Romania with the Social Security (Minimum Standards) Convention, 1952 (No. 102). At its 346th Session (October–November 2022), the Governing Body decided that it was receivable and designated a tripartite committee for its examination (GB.346/INS/18/4, paragraph 5). The Committee notes that the allegations contained in the representation refer to Article 71 of the Convention concerning collective financing of social security benefits. In accordance with its usual practice, the Committee has decided to defer the examination of this issue until the Governing Body adopts its report on the representation.

Articles 10(1), 18, 44, 49, 65, 66, 69, and 70 of Convention No. 102. The Committee takes note of the information provided by the Government in its report and the reports on the application of the European Code of Social Security (Code) concerning: (i) persons protected (medical care); (ii) reduction of medical care; (iii) duration of sickness benefits; (iv) total value of family benefits; (v) cost sharing (maternity benefits); (vi) replacement rate of sickness and maternity benefits; (vii) review of the rates of long-term benefits; and (viii) right of appeal.

Part V (Old-age benefit), Article 28, in conjunction with Article 29 andthe Schedule to Part XI, of Convention No. 102.Replacement rate of pensions. The Committee observes from the 13th report (2024) of the Government on the application of the Code, which has the same provisions on old-age benefits as those in the Convention, that the replacement rate of a standard old-age pension after 30 years of contribution (1,912 Romanian lei) compared to the net wage (5,440 lei) of a skilled manual male employee attained 35.1 per cent in 2023, which is below the minimum level of 40 per cent set out in the ScheduletoPart XI of the Convention. The Committee requests the Government to provide information on the measures taken or envisaged to ensure a replacement rate of at least 40 per cent of the reference wage for a standard beneficiary after 30 years of contribution.

Article 10(3) of Convention No. 168. Benefits for part-time workers who seek full time work. The Committee notes the Government’s indication that persons who work based on part-time labour contracts do not benefit from unemployment benefits for the duration of their contract. Recalling that under Article 10(3) of the Convention, Member States shall endeavour to provide the payment of benefits to part-time workers who are actually seeking full-time work, the Committee requests the Government to provide information on whether it envisages any measures to extend protection to part-time workers in this respect.

Article 15, in conjunction with Article 17(1), of Convention No. 168. Replacement rate of unemployment benefits. The Committee notes that according to section 39(2)(a) of the Act No. 76 of 16 January 2002 on Unemployment Insurance System and Employment Stimulation, the amount of unemployment benefits provided to persons with a contribution period of at least one year, equals to the Reference Social Indicator (598 lei in March 2024). The Committee recalls that as per Articles 15 and 17(1) of the Convention, unemployment benefits at 50 per cent of the reference wage shall be provided to persons who complete a qualifying period, not exceeding the length deemed necessary to prevent abuse. In this respect, the Committee recalls that the qualifying period of one-year falls under the scope of Article 17(1) of the Convention. The Committee, therefore, requests the Government to provide statistical data demonstrating that the replacement rate of unemployment benefits provided to persons with a contribution period of one year reaches at least 50 per cent of the reference wage, as determined by Article 15(1) of the Convention.