Social Security (Minimum Standards) Convention, 1952 (No. 102) - Romania (Ratification: 2009)

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

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the first reports on the application of the Convention and of the European Code of Social Security and would like to receive additional information on the following points.

Part II (Medical care). Persons protected. According to the Government, health insurance in Romania is mandatory and operates as a universal, equitable and non-discriminatory system. The report indicates however that 1,775,717 persons could not provide proof of health insurance coverage and did not benefit from the types of medical care guaranteed by Article 10(1) of the Convention. In view of the high number of persons who escape mandatory coverage, the Committee would like the Government to explain the reasons leading to this situation, the categories of persons concerned, and the measures taken to extend full medical coverage to the whole of the population.

Reduction of medical care. Article 10(1) of the Convention in conjunction with Article 69. According to section 210(1)(e) of Act No. 95/2006 on Health Reform, when insured persons cannot make proof of the payment of contributions their medical care benefits are reduced to a minimum package limited to emergency aid, care in potentially epidemic diseases and in case of pregnancy, child birth and family planning. The Committee recalls that Article 69 of the Convention does not mention the lack of proof of payment of contributions as a permitted ground for the suspension of benefits. Noting that health insurance contributions in Romania are paid to the National Health Insurance Fund (CNAS) by employees (5.5 per cent) and their employers (5.2 per cent), the Committee would like the Government to clarify who is responsible for transferring these payments to the CNAS and how insured employees obtain proof of the payment of the insurance contributions on their behalf by their employers.

Part III (Sickness benefit). Article 18. According to sections 13 and 14 of the Emergency Ordinance No. 158/2005 on leave and social health insurance benefits, sickness benefit is granted for an initial period of 90 days (approximately 13 weeks) and may be extended for a full duration of 26 weeks (183 days) subject to the approval by a social security medical expert. The Committee asks the Government to explain the procedure regulating such extension of sickness benefit.

Part VII (Family benefits). Article 44 in conjunction with Article 66. Statistical information regarding the total value of benefits granted. According to the report, the total number of children of all persons protected reported under Part VII amounted to 3,892,407, while the records of the CNAS reported under Part II contained 4,220,018 children. The Committee further notes that the report calculates the total value of family benefits on the basis of the national gross monthly minimum wage, which would be lower than the reference wage of a person deemed typical of unskilled labour determined under Article 66 of the Convention. In view of these incompatibilities, the Committee invites the Government to review in its next report the statistical data and the calculation made under Article 44 of the Convention.

Part VIII (Maternity benefit). Article 49. Cost sharing. Sections 210 and 213 of Act No. 95/2006 on Health Reform provide for cost sharing of medical care offered under the basic package of services in accordance with the framework agreements. With respect to medical care in case of pregnancy and child birth and their consequences, women are not required to participate in the cost of medical care when they are covered by health insurance and when the medical services provided are those reimbursed by the CNAS. The Committee would like to know whether all types of medical services mentioned in Article 49 are covered by the framework agreements and are fully reimbursed by the CNAS. Please also explain the structure and parties to such framework agreements. Furthermore, according to sections 213 and 223 of Act No. 95/2006, the monitoring and progress of pregnancy and post-natal care are provided regardless of the insurance status of women; pregnant women and those who have recently given birth who have no income, or income below the minimum wage, are exempt from paying insurance contributions. The Committee would be grateful if the Government would confirm these statements and clarify the circumstances in which uninsured women could be required to participate in the cost of medical care related to prenatal, childbirth and post-natal care.

Part XI (Standards to be complied with by periodical payments). Article 65. Replacement rate of the sickness, old age and maternity benefits. The report on the Convention indicates under Part III that the monthly earnings of the person deemed typical of skilled labour in 2010 were 1,724 Romanian New Leu (RON), while under Part V the monthly salary of a skilled manual labourer employed in the major group of economic activities attained only RON1,531, which was the amount of the national monthly average wage. In contrast, the report on the application of the European Code of Social Security determined the reference wage under Part V at the level of RON1,931 as the wage of a person whose earnings were equal to 125 per cent of the average earnings of all persons protected, i.e. RON1,531. However, according to the National Institute of Statistics, the national monthly average wage in 2010 was RON1,910 and not RON1,531. In view of these incompatibilities, the Committee asks the Government to clarify how the skilled manual male employee is selected, what is his reference wage, and what national monthly average wage should be used in the formula for the calculation of old-age pension. Please make the calculations requested by the report form on the basis of the updated statistics.

Review of the rates of long-term benefits. Noting that old-age pensions and the minimum pension value appear to be reviewed annually through a legislative process in line with the inflation rate and the real growth of earnings, the Committee would like the Government to indicate in its next report the relevant legal provisions and to provide statistical information requested in Title VI of Article 65 for the period since 2010.

Article 70. Right of Appeal. The Government is invited to indicate whether the complaint and appeal procedures mentioned in the report on the European Code of Social Security relate to all ratified Parts of the Convention and to explain the rules for lodging claims before the competent public bodies at all levels

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

The Committee notes the first reports on the application of the Convention and of the European Code of Social Security and would like to receive additional information on the following points.

Part II (Medical care). Persons protected. According to the Government, health insurance in Romania is mandatory and operates as a universal, equitable and non-discriminatory system. The report indicates however that 1,775,717 persons could not provide proof of health insurance coverage and did not benefit from the types of medical care guaranteed by Article 10(1) of the Convention. In view of the high number of persons who escape mandatory coverage, the Committee would like the Government to explain the reasons leading to this situation, the categories of persons concerned, and the measures taken to extend full medical coverage to the whole of the population.

Reduction of medical care. Article 10(1) of the Convention in conjunction with Article 69. According to section 210(1)(e) of Act No. 95/2006 on Health Reform, when insured persons cannot make proof of the payment of contributions their medical care benefits are reduced to a minimum package limited to emergency aid, care in potentially epidemic diseases and in case of pregnancy, child birth and family planning. The Committee recalls that Article 69 of the Convention does not mention the lack of proof of payment of contributions as a permitted ground for the suspension of benefits. Noting that health insurance contributions in Romania are paid to the National Health Insurance Fund (CNAS) by employees (5.5 per cent) and their employers (5.2 per cent), the Committee would like the Government to clarify who is responsible for transferring these payments to the CNAS and how insured employees obtain proof of the payment of the insurance contributions on their behalf by their employers.

Part III (Sickness benefit). Article 18. According to sections 13 and 14 of the Emergency Ordinance No. 158/2005 on leave and social health insurance benefits, sickness benefit is granted for an initial period of 90 days (approximately 13 weeks) and may be extended for a full duration of 26 weeks (183 days) subject to the approval by a social security medical expert. The Committee asks the Government to explain the procedure regulating such extension of sickness benefit.

Part VII (Family benefits). Article 44 in conjunction with Article 66. Statistical information regarding the total value of benefits granted. According to the report, the total number of children of all persons protected reported under Part VII amounted to 3,892,407, while the records of the CNAS reported under Part II contained 4,220,018 children. The Committee further notes that the report calculates the total value of family benefits on the basis of the national gross monthly minimum wage, which would be lower than the reference wage of a person deemed typical of unskilled labour determined under Article 66 of the Convention. In view of these incompatibilities, the Committee invites the Government to review in its next report the statistical data and the calculation made under Article 44 of the Convention.

Part VIII (Maternity benefit). Article 49. Cost sharing. Sections 210 and 213 of Act No. 95/2006 on Health Reform provide for cost sharing of medical care offered under the basic package of services in accordance with the framework agreements. With respect to medical care in case of pregnancy and child birth and their consequences, women are not required to participate in the cost of medical care when they are covered by health insurance and when the medical services provided are those reimbursed by the CNAS. The Committee would like to know whether all types of medical services mentioned in Article 49 are covered by the framework agreements and are fully reimbursed by the CNAS. Please also explain the structure and parties to such framework agreements. Furthermore, according to sections 213 and 223 of Act No. 95/2006, the monitoring and progress of pregnancy and post-natal care are provided regardless of the insurance status of women; pregnant women and those who have recently given birth who have no income, or income below the minimum wage, are exempt from paying insurance contributions. The Committee would be grateful if the Government would confirm these statements and clarify the circumstances in which uninsured women could be required to participate in the cost of medical care related to prenatal, childbirth and post-natal care.

Part XI (Standards to be complied with by periodical payments). Article 65. Replacement rate of the sickness, old age and maternity benefits. The report on the Convention indicates under Part III that the monthly earnings of the person deemed typical of skilled labour in 2010 were 1,724 Romanian New Leu (RON), while under Part V the monthly salary of a skilled manual labourer employed in the major group of economic activities attained only RON1,531, which was the amount of the national monthly average wage. In contrast, the report on the application of the European Code of Social Security determined the reference wage under Part V at the level of RON1,931 as the wage of a person whose earnings were equal to 125 per cent of the average earnings of all persons protected, i.e. RON1,531. However, according to the National Institute of Statistics, the national monthly average wage in 2010 was RON1,910 and not RON1,531. In view of these incompatibilities, the Committee asks the Government to clarify how the skilled manual male employee is selected, what is his reference wage, and what national monthly average wage should be used in the formula for the calculation of old-age pension. Please make the calculations requested by the report form on the basis of the updated statistics.

Review of the rates of long-term benefits. Noting that old-age pensions and the minimum pension value appear to be reviewed annually through a legislative process in line with the inflation rate and the real growth of earnings, the Committee would like the Government to indicate in its next report the relevant legal provisions and to provide statistical information requested in Title VI of Article 65 for the period since 2010.

Article 70. Right of Appeal. The Government is invited to indicate whether the complaint and appeal procedures mentioned in the report on the European Code of Social Security relate to all ratified Parts of the Convention and to explain the rules for lodging claims before the competent public bodies at all levels.