Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) - Romania (Ratification: 1992)

In its comments on the application of the Convention, which the Office received on 1 September 2010, the Block of National Trade Unions states that, in Romania, the public sector is in the process of laying off more than 80,000 workers and, in circumstances where unemployment is on the rise and job offers are declining, it is difficult to speak about workers’ protection against unemployment. In its reply to these observations, dated 15 January 2010, the Ministry of Labour, Family and Social Protection of Employment states that unemployed persons shall still be entitled to unemployment benefits even if these benefits have been reduced by 15 per cent since July 2010 because of the unfavourable economic environment. No additional conditions have been introduced to Act No. 76/2002 of 16 January 2002 on the unemployment insurance scheme and employment promotion in order to be eligible for benefits. A number of measures have been taken with a view to reducing the effects of the economic crisis on the labour market, preventing the laying off of an important number of persons and supporting job creation, such as the exemption from payment of income tax and social contributions on benefits granted to employees during temporary suspension of activities for maximum 90 days (Government Emergency Ordinance No. 4/2010 on social protection measures) and a partial reduction of the labour costs for employers of unemployed persons (Government Emergency Ordinance No. 13/2010 regulating certain measures to stimulate job creation and the reduction of unemployment). The Ministry also refers to the capacity of the members representing the social partners in the Governing Body of the National Employment Agency. Noting that Act 118 of 29 June 2010, which reduced employment benefits by 15 per cent, was applicable until 31 December 2010, the Committee invites the Government to keep it informed on the further legislative developments with respect to protection against unemployment.

Article 10(3) of the Convention. Benefits for part-time workers who seek full time work. The Government states that according to section 107(1) of the Labour Code, the employer should take into account, as far as possible, the requests made by part-time workers who wish to work fulltime and is bound to inform them without delay about the available full time positions. However, the legal framework on the protection against unemployment does not foresee the payment of unemployment benefits to persons working part-time and looking for a job with a normal duration. In this connection, the Committee would like to draw the Government’s attention to the fact that Article 10(3) aims at a fair compensation for the loss of earnings for part-time workers who are seeking full time work so as not to discourage unemployed workers to take up part-time work as a means in assisting them to return to full-time work.

Article 17. Qualifying period. On the basis of the available information, the Committee understands that the Government has modified the eligibility conditions for unemployment benefits under section 34(1) of Law No. 76/2002 which requires 12 months of contributions during the last 24 months preceding the application for unemployment benefits; a minimum of 12 months of contributions is also required in between two successive applications for unemployment benefits. The Committee requests the Government to confirm this information and provide the applicable legislative provisions. It also requests the Government to indicate whether special rules have been adopted for seasonal workers in conformity with Article 17(2) of the Convention, and, if so, what are these rules.

Article 27(2). Complaints and appeals procedures. The Committee notes the detailed information on the complaints and appeals procedures. It would be grateful if the Government would indicate whether national law and practice enable claimants to be represented or assisted during appeals procedures by the persons mentioned in Article 27(2) of the Convention.