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National Trade Union Bloc accuses flagrant violations of labor legislation in state institutions

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The National Trade Union Bloc (BNS) draws attention to the flagrant violations of labor legislation and the administrative code in public state institutions, especially in the Ministry of Investments and European Projects (MIPE), in the subordinated intermediary bodies, but also in the Ministry of Agriculture and Rural Development, respectively in the Agricultural Payments and Intervention Agency (APIA) and the Agency for Financing Rural Investments (AFIR).

The organization announced that, starting August 1, it will monitor compliance with the legal 8-hour work schedule, as well as overtime work without written consent from workers in MIPE, subordinate structures and the Ministry of Agriculture and Rural Development - APIA and AFIR.

'Given the total lack of reaction of the authorities to the legitimate protest organized in front of the Romanian Government, on July 15, 2025, by employees from the above-mentioned institutions and the systematic refusal to invite the representative unions to a real and constructive dialogue, we announce that: starting with August 1, 2025, we will monitor with maximum attention and strictness the observance of the legal working schedule of 8 hours/day, as well as the performance of overtime hours without written consent from workers from MIPE, from subordinate structures and from the Ministry of Agriculture and Rural Development - APIA and AFIR. This action is based on the provisions of art. 112 of the Labor Code, which regulates the normal duration of working time at 8 hours per day and 40 hours per week, and on art. 41 'paragraph (3) of the Romanian Constitution. In addition, the Labor Code provides that overtime may be performed only with the employee's consent and must be compensated by appropriate free time,' according to a BNS press release.

In this context, the confederation recommends that union members register official requests for emergency compensation for all overtime worked and not compensated with appropriate time off within the time limit provided by law and for granting all outstanding unused vacation days from previous years.

According to the cited source, this action is necessary because the legislation in force expressly requires that overtime hours be recovered within 90 days of their completion, and failure to comply with this deadline means violating the law, providing unpaid work and affecting the fundamental rights of employees.

'We emphasize that imposing overtime without the written consent of employees and without their compensation can be classified, from a legal and moral point of view, as a form of forced labor,' the cited press release also states.

The NBS also emphasizes that granting outstanding vacation days does not represent a discretionary benefit of the employer, but an imperative legal obligation, according to art. 146 paragraph (2) of the Labor Code, which provides that the employer is obliged to grant vacation leave within a maximum period of 18 months starting with the year following the year in which the right arose.

'Failure to comply with this obligation is equivalent to an abusive limitation of the employee's right to rest, guaranteed by art. 41 paragraph (2) of the Romanian Constitution and by the relevant European Directives (in particular Directive 2003/88/EC concerning certain aspects of the organization of working time). Also, the accumulation of unused vacation days year after year constitutes an illegal practice, which can lead to physical and mental exhaustion of the staff and seriously affects the quality of the public service provided,' the document sent by the trade union confederation also states.

On the other hand, the trade unionists demand the authorities urgently present the annual professional training plans and the financial execution regarding the expenses allocated for these courses. The BNS explained that, according to art. 194 of the Labor Code and art. 458 paragraph (2) of the Administrative Code, employers, respectively public authorities and institutions, have the obligation to ensure the participation of employees and civil servants in at least one professional training program once every two years. Also, according to art. 459 of the Administrative Code and art. 195 of the Labor Code, employers have the obligation to develop and implement a professional training plan annually.

'The refusal to draw up, communicate or implement this plan constitutes a serious violation of the right to professional development and can be legally challenged. If, during the last two years, the employer has not provided training, the worker may request, based on art. 157 paragraph (2) of the Labor Code, a paid training leave of up to 10 working days or 80 hours,' the press release further states.

The BNS also requests the declassification of the system audit reports carried out by the Court of Accounts of Romania, the Court of Auditors of the European Union and the European Court of Auditors within these public institutions, in the interest of public opinion.

'We consider that the publication of these reports is an act of transparency necessary in a state governed by law and an essential step towards understanding the reality in the institutions concerned. These reports, from the information we have, highlight the serious overwork of employees and repeated violations of their rights, including in terms of workload, working hours and lack of legal compensation. The National Trade Union Bloc affirms its availability for dialogue and urges the Romanian Government to stop ignoring the social partners. Ignoring the law cannot constitute public policy,' the quoted source claims.AGERPRES (RO - writing by: Andreea Marinescu; EN - writing by: Catalin Cristian Trandafir)

 

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