Romania - AIAS

03contracts for Romanians going to work in Germany were signed on the basis of amediation agreement. All these contracts were obtained on the basis of bilateral labourexchange agreements with Germany (for guest workers, seasonal workers), France andSwitzerland (for the exchange of trainees). The number of Romanians who found a jobabroad through EURES in 2010, according to the NEA, was 1885 17 .The NEA publishes announcements of jobs available abroad on its web site and organisesselections of personnel at the request of foreign employers. According to the legislation,the NEA must ensure the protection of Romanian workers’ rights in their relations withforeign employers. In the year 2010, the Department of Labour Mediation registered 208petitions and complaints, and 146 hearings and meetings on problems faced by Romaniancitizens before going to work abroad or in the destination state. On its web site, the NEAhas published warnings about companies or persons who recruit personnel against whomthere are many complaints. At the same time, the NEA itself participates in actions thatcontradict its mission. For example, the selection of seasonal workers in agriculture isorganised by the NEA in only one place for 41 counties: people have to travel hundreds ofkilometres, and wait long hours, sometimes in the freezing cold for an interview. In thecase of a selection for a Spanish employer in Slatina in December 2010, over 1,800 peoplecame to compete for 400 jobs as seasonal workers on strawberry farms. Theannouncement published by the NEA outlined the following job requirements: ‘experiencein agriculture; fit for hard work in uncovered space - minimum of 6 hours/day, languages:not requested, salary: 37 euros gross/day, other benefits - accommodation provided(Warning - there is no possibility of accommodation for applicants/men in the company),duration of contract: 3 months’. NEA representatives from Olt County and a representativeof the Spanish employer participated in the interview. After the interview the participantsspoke about discriminatory and even offending criteria for selection: men and womenwho were too young or over 43, too tall, too thin, with no family, from urban areas or whohad contracts with other Spanish employers were not accepted. ‘They told me I am tooyoung and too thin for this job. They even asked me to turn around! They stared at me likeI am not a person’. Gina, 24 years old. ‘I told them that I am unemployed, I have a child andbig debts to the bank and I am motivated and a hard worker. They responded that I am tootall and too thin and I have no experience in agriculture and I will not cope. They want onlywomen between 30 and 40, with family, from rural areas, with experience in agriculture.If the announcement would have been clearer about these criteria, I would not havetravelled for 800 km to come here. I spent the whole night in front of this building, in thecold because I don’t have money to pay for a hotel and now I find out that I am not fit forthe job! And the official from the NEA didn’t say anything!’ Maria, 44 years old.In its relationship with foreign employers the NEA acts like a service provider, withoutmaking any effort to ensure decent working conditions for Romanian workers. In March2011 the NEA organised a jobs fair for agricultural work in Denmark. On offer were 200jobs for workers harvesting strawberries, peas, raspberries, onions, pumpkins, otherfruits and vegetables and about ten positions for drivers of tractors / trucks / buses.The detailed offer published on the NEA’s website explained the conditions regardingaccommodation and working hours as follows: ‘From May until September you will haveto bring your own tent, warm clothes and cooking utensils. A camp site with cooking,bathing, and toilet facilities is always available. From September until May indooraccommodation is guaranteed, normally you may have to pay for it. Especially on farmswhere the strawberries are harvested, the programme can vary: if in the early seasonthe work can last a few hours a day, during peak season it can be up to 60 hours a week.Work often starts at 4 am and lasts until mid-day, 6-7 days a week’ 18 . It seems that thepromise of big salaries takes precedence over decent working conditions, even for apublic institution responsible for safeguarding workers’ rights.The number of people mistreated by the private recruitment companies is much higher andthe situations described by them more serious. According to the Labour Inspectorate, inRomania there are 1,730 registered recruitment agencies in 2011 19 . In 2010, the number ofpeople who signed contracts with private recruitment agencies was 23,070, 10.5 per centmore than in 2009, and the number of people employed abroad on individual employmentcontracts was 10,457 (5,306 male and 5,151 female), 29 per cent more than in 2009 20 . Webelieve the real numbers are higher, because the companies fail in their obligation to reportto the Labour Inspectorate. Also the number of registered agencies might vary. There havebeen many situations where a company functions for a short period of time then closesdown officially but continues to work informally; it can also transfer its business to a newcompany about which applicants will have no negative references in the media, the Internetor from the Labour Inspectorate. In many cases, several companies belong to the sameowner and all of them are involved in the same type of activity.“I told them that I amunemployed, I have a child andbig debts to the bank and I ammotivated and a hard worker.They responded that I am tootall and too thin and I have noexperience in agriculture andI will not cope. They want onlywomen between 30 and 40,with family, from rural areas,with experience in agriculture.If the announcement wouldhave been clearer about thesecriteria, I would not havetravelled for 800 km to comehere. I spent the whole night infront of this building, in the coldbecause I don’t have money topay for a hotel and now I findout that I am not fit for the job!And the official from the NEAdidn’t say anything!“MARIA, 44 YEARS OLD17 National Agency for Employment, AnnualReport 2010, available at http://www.anofm.ro/anofm-raport-de-activitate-pentruanul-201018 National Agency for Employment,http://eures.anofm.ro/anunturi/NOU%20_Danemarca_ofera_200_de_locuri_de_munca_in_sectorul_agricol_sezonul_2011.pdf19 Labor Inspection, August 17, 2011, pressrelease available at http://www.inspectmun.ro/Mass%20Media/KatPlasare.pdf20 Labour Inspection, data provided on ourrequest.