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

Maritime Labour Convention, 2006 (MLC, 2006) - Romania (Ratification: 2015)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the Convention approved by the International Labour Conference in 2022 entered into force for Romania on 23 December 2024.

Impact of the COVID-19 pandemic. Referring to its previous comment, the Committee notes that Romania designated seafarers as key workers during the pandemic and that in March 2022 all restrictions imposed in the country in the context of the COVID-19 pandemic have been lifted. The Committee takes note of this information, which addresses its previous request.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes with interest that Government Emergency Ordinance No. 50/2022 of 14 April 2022 (“Government Ordinance No. 50/2022”) aims to guarantee every seafarer the right to a safe and secure workplace that complies with safety standards, the right to just conditions of employment, decent working and living conditions on board ships and to health protection, medical care, social measures and other forms of social protection, as provided for in the MLC, 2006 and its 2014 amendments. In relation to the 2022 amendments to the Code of the Convention, the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. The Committee notes that article 3(2)(g) and (h) of Government Ordinance No. 20/2022 excludes from its scope of application ships sailing within 20 nautical miles of the Romanian coast and not making international voyages and mobile offshore drilling units (MODUs). The Committee recalls that the MLC, 2006 applies to all ships, irrespective of their tonnage, size or the nature of their voyage, other than those ships which navigate exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply whether publicly or privately owned, ordinary engaged in commercial activities, other than ships engaged in fishing, traditional build, warships or naval auxiliaries (Article II, paragraphs 1(i) and 4). The Committee further recalls that Article II, paragraph 6, provides flexibility with respect to the application of “certain details of the Code”, that is, Standards and Guidelines, to a ship or particular categories of ships of less than 200 gross tonnage that do not voyage internationally, under certain requirements. The Committee requests the Government to indicate the measures taken to ensure that the protection afforded by the Convention is guaranteed to all seafarers working on board all ships within the meaning of the Convention, including those navigating within 20 nautical miles of the Romanian coast and not making international voyages. Considering that the MLC, 2006, applies to all ships ordinarily engaged in commercial activities, the Committee requests the Government to clarify whether mobile offshore drilling units (MODUs), as defined in the 2009 Code for the Construction and Equipment of Mobile Offshore Drilling Units, are engaged in navigation in areas not excluded by the scope of the MLC, 2006, and if so, to specify how the Convention is applied to such units.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that article 5(2) of Government Ordinance No. 20/2022 prohibits the use, employment or work of seafarers under the age of 18 years when health or safety are likely to be compromised and determines such types of work. However, article 5(3) provides that this provision does not apply when the effective training of seafarers is carried out within the framework of approved education, vocational training or refresher courses, according to the STCW Convention, without affecting their health or safety. The Committee recalls that the Convention, under Standard A1.1, paragraph 4, requires the absolute prohibition for persons under the age of 18 of the types of work considered hazardous but allows, under Guideline B4.3.10, the determination of types of work which young seafarers cannot undertake without adequate supervision and instruction. The Committee requests the Government to take the necessary measures to ensure full conformity with Standard A1.1, paragraph 4, clearly distinguishing between types of work that are to be prohibited, without exception, and those that can only be undertaken under adequate supervision and instruction and to provide information on the progress made in this regard.

Regulation 1.2 and Standard A1.2, paragraph 2. Medical certificate. The Committee notes that, in reply to its previous comment, the Government refers to article 6 of Government Ordinance No. 50/2022, establishing that medical certificates shall be issued in compliance with Order of the Minister of Transport and Infrastructure and of the Minister of Health No. 1.151/1.752/2021, which, among others, prescribes the nature of the medical examination and the form and content of the medical certificate for seafarers. A medical certificate issued in accordance with the requirements of the STCW Convention is also accepted. The Committee takes note of this information.

Regulation 1.2 and Standard A1.2, paragraph 7. Medical certificate. Period of validity. Regarding its previous comment on the maximum period of validity of certificates, the Committee notes that article 6(10) of Government Ordinance No. 50/2022, as indicated by the Government, implements the requirements of Standard A1.2, paragraph 7. The Committee takes note of this information, which addresses its previous request.

Regulation 1.4 and the Code. Recruitment and placement. Noting the Government’s reply to its previous comment, the Committee notes that Government Ordinance No. 50/2022, articles 8 to 19 regulate the licensing system and obligations of private recruitment and placement services of seafarers. The Committee notes that article 9(a) provides that seafarers’ supply agencies do not use any means, mechanisms or lists to prevent or make seafarers change their decision to obtain a job for which they possess the required qualifications. The Committee takes note of this information, which addresses its previous request.

Regulation 1.4 and Standard A1.4, Paragraph 5(c)(vi). Recruitment and placement. System of protection. In reply to the Committee’s previous comment, the Government refers to article 11 of Government Ordinance 50/2022 which provides that the financial guarantee that the seafarers’ supply agency must provide may consist of a bank guarantee or an insurance policy worth 300,000 euros, and that it must cover at all times, for seafarers placed by the seafarers’ supply agency, regardless of nationality, pecuniary losses of seafarers proven by supporting documents, in cases of non-fulfilment by the seafarers’ supply agency or by the shipowner of the obligations of the seafarer’s employment contract. The Committee takes note of this information.

Regulation 1.4 and Standard A1.4, Paragraph 7. Recruitment and placement. Investigation of complaints. The Committee notes that article 18(2) of Government Ordinance No. 50/2022 provides that by order of the Minister of Transport and Infrastructure, within 60 days from the entry into force of this Emergency Ordinance, appropriate mechanisms and procedures shall be established for the settlement of any application, complaint or report submitted by any interested person, seafarer or organization of seafarers or shipowners concerned regarding the activity of a seafarers’ supply agency. In the absence of information in this regard in the report, the Committee requests the Government to provide a copy of such order or toindicate any measures adopted to give effect to Standard A1.4, paragraph 7.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreements. Record of employment. The Committee notes the information provided by the Government in reply to its previous request, that article 20(6) and (7) give effect to these provisions of the Convention. The Committee takes note of this information, which addresses its previous request.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Committee notes with interest that articles 22 and 23 of Government Ordinance No. 50/2022 implement the 2018 amendments to the Code of the Convention. The Committee takes note of this information, which addresses its previous request.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee notes that article 25 of Government Ordinance No. 50/2022 defines the maximum number of hours of work and the minimum number of hours of rest. The Committee recalls that, according to Standard A2.3, paragraph 2, each Member shall fix either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time. Noting that this Standard should not be interpreted as to give shipowners or masters the choice of regimes, the Committee requests the Government to explain how it ensures that the maximum hours of work and minimum hours of rest under article 25 of Government Ordinance No. 50/2022are fixed and not subject to selective application by shipowners or masters.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. In reply to its previous comment on the procedure to be followed and the standard of proof to be applied before a seafarer can be found to be in “serious default of the seafarers’ employment obligations”, the Committee notes that the Government refers to Articles 9(c) and 38(c) of Government Ordinance No. 50/2022, which prohibit, without exception, crewing agencies and shipowners from requiring that seafarers make payments towards transport to and from the ship nor to cover the cost of repatriation from the seafarers’ wages or other entitlements. The Committee takes note of this information, which addresses its previous request.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Referring to its previous comment, the Committee notes with interest that articles 30 to 37 of Government Ordinance No. 50/2022 establish the requirement that shipowners of ships flying the Romanian flag, engaged in international voyages, must provide proof of the establishment and, where appropriate, the reconstitution of a financial guarantee that will ensure direct access, sufficient coverage and rapid and effective financial assistance for seafarers abandoned on their ships, as required by Standard A2.5.2, paragraph 3. The Committee takes note of this information.

Regulation 2.5 and Standard A2.5.2, paragraphs 6 and 7. Repatriation. Financial security. Documentary evidence. The Committee notes with interest that, in reply to its previous comment, the Government indicates that article 39 of Government Ordinance No. 50/2022 gives effect to these provisions of the Convention. The Committee takes note of this information and requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes that, in reply to its previous request, the Government refers to articles 44 and 45 of Government Ordinance No. 50/2022, that contribute to the efforts made towards implementing career and skills development as well as job opportunities for seafarers. The Committee takes note of this information.

Regulation 3.1 and Standard A3.1, paragraph 9. Accommodation and recreational facilities. Sleeping rooms. The Committee notes with interest the Government’s indication in reply to its previous comment, that article 51 of Government Ordinance No. 50/2022 gives effect to all the requirements of Standard A3.1, paragraph 9. The Committee takes note of this information, which addresses its previous request.

Regulation 4.1 and Standard A4.1, paragraph 3 and 4(a). Medical care on board and ashore. On-board hospital and medical facilities, equipment and training. In its previous comments, the Committee requested the Government to take the necessary measures to give effect to these provisions of the Convention. The Committee notes that in reply to its comments, the Government refers to article 58 of Government’s Ordinance No. 50/2022, which provides for the obligation to have a pharmacy, medical equipment and medical guide on board. The Committee notes that the same article provides that the Romanian Naval Authority (NRA) will inspect the ships flying the Romanian flag, according to the inspection programme provided for in the chapter on inspections. The Committee takes note of this information.

Regulation 4.1 and Standard A4.1, paragraph 4(c). Medical care on board and ashore. Seafarer in charge of medical care. The Committee notes that, in reply to its comments, the Government refers to article 58(1)(c)-(f) of Government’s Ordinance No. 50/2022. This article provides, in line with the Convention, for the requirement to have seafarers in charge of medical care or competent to provide medical first aid on ships which do not carry a medical doctor. The Committee takes note of this information, which addresses its previous request.

Regulation 4.2 and Standard A4.2.2, paragraph 3. Shipowners’ liability. Financial security. Treatment of contractual claims. The Committee notes that, in reply to its comments, the Government refers to article 59 of Government’s Ordinance No. 50/2022, which however does not give application to Standard A4.2.2, paragraph 3. The Committee therefore reiterates its request to the Government to indicate the legislation adopted to ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims referred to in Standard A4.2.1, paragraph 8, through expeditious and fair procedures.

Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. Health and safety protection and accident prevention. Policies and programmes. The Committee requested the Government to provide information on guides and legislation implementing requirements of Regulation 4.3 and Standard A4.3, paragraphs 1 and 2. The Committee notes that, in reply to its comments, the Government refers to articles 61 and 62 of the Government’s Ordinance No. 50/2022, which mostly reproduces Standard A4.3, paragraphs 1–3, establishing that the Ministry of Transport and Infrastructure (MTI) shall adopt the legislation and guidelines on occupational health and safety on board on a number of areas. The Committee requests the Government to take the necessary measures without delay to give application to Regulation 4.3 and Standard A4.3, paragraphs 1-3, by adopting the relevant legislation and national guidelines. It further requests the Government to provide one or more examples of an approved DMLC, Part II in accordance with Standard A5.1.3, paragraph 10(b), which outlines the occupational safety and health policies and programmes on board.

Regulation 4.3 and Standard A4.3, paragraphs 5 and 6. Health and safety protection and accident prevention. Reporting, statistics and investigation. The Committee notes that, in reply to its previous comments, the Government refers to article 62 of Ordinance No. 50/2022, which in relation to the reporting and investigation of events occurred on board, refers to the provisions of Act No. 319 of 14 July 2006 on Occupational Safety and Health. The Committee takes note of this information.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. In reply to the Committee’s previous comment, the Government refers to article 63 of the Government Ordinance No. 50/2022. The Committee notes that such Article provides that the Ministry of Transport and Infrastructure and the subordinate institutions, in consultation with the interested organizations of seafarers and shipowners, promote the creation of welfare facilities and social services in Romanian ports. The Committee therefore requests the Government to inform the Office of any developments regarding the establishment of shore-based welfare facilities and the regulation and functioning of welfare boards.

Regulation 4.5 and the Code. Social security. The Committee notes that the Government refers to article 65 of Government Ordinance No. 50/2022, which does not address the points previously raised. The Committee therefore reiterates its request to the Government to indicate (i) the measures taken to give effect to Regulation 4.5, paragraph 1, Standard A4.5, paragraphs 1 and 3; (ii) the main benefits provided in respect to each of the social security branches to seafarers ordinarily resident in Romania (Standard A4.5, paragraphs 1 and 3); (iii) whether shipowners’ and, if applicable, seafarers’ contributions to relevant social protection and social security systems or schemes are monitored to verify that the contributions are made in accordance with the requirements of Standard A4.5, paragraph 5, and how due consideration has been given to Guideline B4.5, paragraphs 6 and 7 in this respect. The Government is also requested to provide information on any bilateral or multilateral arrangements in which it participates in relation to social security of seafarers, including the maintenance of rights acquired or in the course of acquisition (Standard A4.5, paragraphs 4 and 8).

Regulation 4.5 and Standard 4.5, paragraph 9. Social security. Fair and effective procedures for the settlement of disputes. The Committee notes that article 65(5) of Government Ordinance No. 50/2022 provides that authorities with responsibilities according to their area of responsibility must establish effective and fair procedures for the settlement of disputes arising from the application of the provisions on social security. The Committee requests the Government to indicate any measures that are being prepared or have been adopted by the relevant authorities to give full effect to Standard A4.5, paragraph 9.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. While noting the absence of information in the Government’s report in reply to its previous comment, the Committee notes that Order No. 1225 of 13 November 2015 outlines the requirements for authorizing recognized organizations to conduct inspections concerning the living and working conditions of seafarers and to request the remedying of deficiencies identified in this respect on vessels flying the Romanian flag. The Committee requests the Government to provide information on whether it has granted authorizations to recognized organizations, and in the affirmative, to provide a current list of such organizations, specifying the functions that they have been authorized to carry out (Standard A5.1.2, paragraph 4) and including an example of an agreement with a classification society relevant for the MLC, 2006.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee notes that the model Form of Declaration of Maritime Labour Compliance (DMLC) Part I included as Annex 5 to Government Ordinance No. 50/2022, only includes the list of 16 matters to be inspected in line with the relevant provisions of the MLC, 2006, and does not contain the necessary reference and concise information on the national legal provisions implementing each of those matters. The Committee recalls that the DMLC, Part I, must identify the national requirements, as contained in the legislation. The Committee therefore requests the Government to review the DMLC, Part I in order to ensure that it identifies the national requirements embodying the relevant national legal provisions and includes the information on the main content of those requirements, and to provide a copy of the revised version once available.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes that articles 66, 73 to 80, 84 and 85 of the Ordinance No. 50/2022 provided by the Government in reply to its previous comment, in combination with articles 3 and 4 of Order No. 1,225 of November 13, 2015, address several requirements of Regulation 5.1.4 and Standard 5.1.4. The Committee notes however that these provisions do not give effect to Standard A5.1.4, paragraphs 6, 9–11 and 17 (adequate rules to ensure independence of the flag State inspectors of changes of government and of improper external influences, confidential treatment of any grievance or complaint, authority and impartiality of inspectors and adequate penalties for obstructing the performance of their duties). The Committee accordingly once again requests the Government to indicate the measures adopted to give effect to these requirements of the Convention.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. In reply to the Committee’s previous comment, the Government refers to article 81 of the Government Ordinance No. 50/2022, and to article 7 and 8 of the Order of the Minister of Transport No. 1.225/2015 regarding compliance with Romania’s obligations as a flag State according to the provisions of the Convention on work in the maritime field (MLC 2006), which generally give effect to Standard A5.1.5. Recalling the importance of protecting seafarers against victimization, the Committee requests the Government to indicate how it ensures that victimization of seafarers for filing a complaint is penalized (Standard A5.1.5, paragraph 3). The Committee also requests the Government toprovide a copy of the model used for complaint procedures on-board Romanian-flagged vessels or of typical procedures that are followed on ships that fly the Romanian flag.