Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Romania (Ratification: 1992)

Article 5(1) of the Convention. Effective tripartite consultations. The Government informs that a new legislative act, Law No. 367/2022 on social dialogue, has been adopted, which determines the composition and responsibilities of the National Tripartite Council for Social Dialogue (NTCSD). The NTCSD includes the presidents of the representative employers’ and trade union confederations at the national level, representatives of the Government, designated by the Prime Minister and the president of the Economic and Social Council. In 2023, five trade union confederations and three employers’ confederations were recognized as representative at the national level. The Government indicates that the responsibilities of the NTCSD include tripartite consultations on all matters related to international labour standards referred to in Article 5(1) of the Convention. It adds that the NTCSD does not have a legal personality or financing, and it benefits from Government assistance granted by the Ministry of Labour and all governmental institutions.

The Government further indicates that annual information meetings are held by the Ministry of Labour with the social partners on participation to the International Labour Conference. The national procedure for submission to the Parliament of ILO Conventions is initiated by the Ministry of Labour and is usually accompanied by the Government’s position. The social partners can address a direct request to the Parliament for the ratification of some recently adopted or unratified ILO Conventions if they have not been the subject of a political decision. The Government further states that, considering the recent entry into force of the new No. 367/2022 on social dialogue, no specific consultations were initiated regarding Article 5(1) of the Convention.

The Committee recalls that “annual information meetings” do not constitute “effective consultations” as required by Article 2 of the Convention, which implies consultations that can influence the outcome. Noting the Government’s own admission that “no specific consultations were initiated” as of yet based on Article 5(1), the Committee urges the Government to take immediate steps to establish regular and effective consultations on all matters listed in Article 5(1). It thus requests the Government to provide detailed information on the specific consultations held (beyond information meetings) on: (a) ILC agenda items; (b) submission of instruments; (c) re-examination of unratified Conventions; (d) reports on ratified Conventions; and (e) potential proposals for denunciation.

Article 4(2). Administrative support and Financing of training. The Committee notes the Government’s statement that the new National Tripartite Council for Social Dialogue (NTCSD), the body responsible for Convention No. 144 consultations, does not have a legal personality or financing and relies on Government assistance. The Committee recalls that the effective functioning of national consultative mechanisms depends on adequate administrative support, such as basic secretarial services. It also emphasized that tripartite bodies and the procedures governing them must be provided with sufficient resources to enable them to carry out their responsibilities in practice. The Committee therefore requests the Government to explain in detail how it ensures that the NTCSD has the necessary institutional capacity, resources, and administrative autonomy to function effectively and to provide the “Government assistance” referred to in compliance with the obligations assumed under the Convention, including with respect to administrative support due to the NTCSD. Please also describe the specific resources (financial and human) made available to the NTCSD to support its functions.

The Government also indicates that the European funds were the main support tool for the access of the authorities and the social partners to training and exchange of practices for better participation in the tripartite dialogue. In addition, the Government refers to several programmes aiming to strengthen social dialogue and to increase the capacity of the social partners. These programmes include the Sectorial Operational Programme for the Development of Human Resources, Invest in People”; the Administrative Capacity Operational Programme 2014–20 and the Operational Programme for Education and Training 2021–27. The Committee recalls that Article 4(2) implies arrangements for national financing to ensure the sustainability of tripartite consultations. The Committee requests the Government to provide detailed information on the arrangements made for the financing of training from the national budget, in addition to temporary or project-based European funds, to ensure the permanent capacity of social partners to participate effectively in the consultative procedures.

2023 observations by the Employers’ Confederation of Romania (CONCORDIA). The Committee notes that, in its observations received on 1 September 2023, the Employers’ Confederation of Romania (CONCORDIA) refers to the letter dated 14 July 2023 sent by the Government to the ILO Director-General expressing support of the request made by the Workers’ group to place an item on the agenda of the 349th Session of the Governing Body (October–November 2023) for urgent discussion and decision on a referral to the International Court of Justice (ICJ) for an advisory opinion concerning the interpretation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in relation to the right to strike. In this respect, CONCORDIA expresses its deep concern that the Government did not undertake effective consultations with the social partners on this important matter prior to sending its letter, as required under Article 2 of the Convention. It concludes that the Government’s failure to comply with the Convention undermined its voice as the most representative employers’ organization and hindered tripartism in the country.

In its reply received on 27 October 2023, the Government refutes the allegation, arguing that the scope of the Convention does not apply, contending that Article 5 of the Convention lists the specific and “conclusive” issues subject to mandatory consultation. The Government states that neither the Convention nor the Tripartite Consultations (Activities of International Labour Organization) Recommendation, 1976 (No. 152), contain an obligation for “mandatory tripartite consultations before requesting items to be placed on the agenda of the GB or ILC”. It argues consultations are intended to prepare for agenda items after they have been set. Therefore, the Government concludes that supporting the request without prior consultation did not violate Convention No. 144.

The Committee notes that under the terms of Article 2(1), of the Convention, effective consultations between representatives of the government, of employers and of workers have to cover the matters related to the activities of the International Labour Organization set out in Article 5(1) of the Convention. These matters relate to the Organization’s standard-setting activities; consultations must be held on: proposed international labour standards; the submission to the competent authorities of the adopted by the International Labour Conference and their re-examination at appropriate intervals; the reports to be made on ratified Conventions and proposals for the denunciation of ratified Conventions. (2000 General Survey on tripartite consultations, para. 74). The Committee also notes that Paragraph 6 of Recommendation No. 152, which supplements the Convention suggests that, after consultation with the representative organizations, the national competent authority should determine the extent to which the tripartite consultations procedures established with respect to the matters set out in Article 5(1), should be used for the purpose of consultations on other matters of mutual concern. The Committee therefore invites the Government to indicate in its future reports any consultations with the social partners to consider the extent to which the established national procedures could also be utilized for consultations on other such matters of mutual concern in order to strengthen and promote the effectiveness of tripartism in the country.