Equal Remuneration Convention, 1951 (No. 100) - Romania (RATIFICATION: 1957)

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1 and 2 of the Convention. Assessment of the gender pay gap and its underlying causes. In its previous comment, the Committee requested the Government to provide statistics on the earnings of women and men in employment and to indicate the measures taken to address the structural and underlying causes of the gender pay gap. The Committee notes that the Government’s report does not provide information in this regard. However, it notes that according to Eurostat statistics, the unadjusted gender pay gap on the basis of average gross hourly earnings was 5.2 per cent in 2016 (down from 9.7 per cent in 2012). Eurostat data also shows that the gender pay gap is higher in the public sector (9.9 per cent) than in the private sector (6.8 per cent). The Committee further notes that sectors where the gender pay gap is the highest are the financial and insurance sectors (29.2 per cent) and manufacturing sector (18.6 per cent); and that the gender pay gap is negative in the construction sector (-20.5 per cent). The Committee notes, from the document entitled “Women and Men: Work and Life Partnership” published by Romania’s National Institute of Statistics (NIS) in 2017, that in 2015, men’s average monthly gross earning was at 193 Romanian Leu (RON) (approximately US$50) above that of women, but that it varied greatly according to the sector of work (in construction, women earned RON404 ($100) more than men while in the financial activities they earned RON1,994 ($502) less than men). According to the NIS, the gender pay gap can partly be explained by the fact that women work fewer hours on average than their male counterparts, mostly due to maternity and maternal leave up to two years. The Committee also notes that, in its 2017 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), expressed concern about the high unemployment rate of women, especially in rural areas and among Roma women, and about the low participation of women in the private sector, especially at senior management positions (CEDAW/C/ROU/CO/7-8, paragraph 28). The Committee requests the Government to continue its efforts to lower the gender pay gap by addressing its structural and underlying causes, such as vertical and horizontal occupational job segregation and gender stereotypes on the role of women in the family. It once again requests the Government to indicate the steps taken or envisaged to achieve this objective and all measures taken to combat effectively the gender pay gap in sectors where it is particularly wide. The Committee also reiterates its requests to the Government to provide statistics on the earnings of women and men in employment, by occupational group and economic sector, and any research available on the evolution of the gender pay gap and its underlying causes.

Equal remuneration for work of equal value. Legislation. Public sector. The Committee recalls its previous comments in which it requested the Government to provide information on the application in practice of section 3(c) of the Framework Act No. 284/2010 on the unitary pay system for public sector employees, which provides that the salary system is based on the principle of equal remuneration for work of equal value. The Committee notes the Government’s indication, in its report, that following consultation and negotiation with the civil servants concerned, it has increased salaries in the public sector across the board through the adoption of a new salary law for public service employees in July 2017. Noting that the Government report is silent on this point, the Committee reiterates its request that the Government provide information on the application of section 3(c) of the Framework Act No. 284/2010 in practice, specifying the manner in which and by which public authority observance of this provision is ensured, as well as the procedure allowing public servants to assert their rights in the event of wage discrimination.

Article 2. Application of the principle by means of collective agreements. The Committee recalls that, Collective Agreement No. 710 for the automobile construction industry does not reflect the principle of equal remuneration for men and women for work of equal value, since it only provides for “equal salary for equal work between men and women”. It previously noted that the labour legislation providing for equal remuneration for work of equal value applies to all workers and employers whether they are covered or not by collective agreements and that under Law No. 62/2011 on social dialogue, terms of collective labour agreements may establish rights and obligations only within the limits and conditions provided by law (section 132(1)). The Committee requested the Government to provide information on the measures taken to encourage the social partners to reflect the concept of equal remuneration for work of equal value in sectoral collective agreements. The Committee notes that the Government’s response reiterates its previous statement that under section 132 of Law No. 62/2011, clauses of collective agreements which are contrary to the law are void. The Committee therefore observes that it remains unclear whether the Government has taken measures to encourage social partners to reflect the principle of the Convention in collective agreements. Consequently, the Committee once again requests the Government to provide information on the measures taken, or envisaged, to encourage social partners to reflect in sectoral collective agreements the principle of equal remuneration for work of equal value, including any training and awareness-raising measures among workers’ and employers’ organizations on the concept of “work of equal value”.

Articles 2 and 3. Determination of remuneration and objective job evaluation in the public sector. In its previous comments, the Committee noted that under the Framework Act No. 284/2010 on the unitary pay system for public sector employees, the basic wage scale is established on the basis of a job evaluation, according to the following criteria: knowledge and experience; complexity; creativity and diversity of activities; impact of decisions; influence; coordination and monitoring; contacts and communication; conditions of work; incompatibility; and special regimes. According to the Government, the system of remuneration establishes the actual remuneration of public servants with respect to the responsibility of the post, work done, quality and quantity of work, the social importance of the work, the concrete conditions of work, and results obtained, in addition to the aforementioned criteria. In its report, the Government merely refers to the 2017 salary increase in the public sector, failing to provide information on how it is ensured that the methods and criteria used and applied to determine remuneration in the public service are free from gender bias and do not result in undervaluing the jobs predominantly held by women in the public sector. Recalling that particular care must be taken to ensure that the method and criteria used for a job evaluation exercise are free from gender bias, the Committee emphasizes the importance of ensuring that the selection of criteria for comparison and their weighting and the actual comparison carried out are not discriminatory, either directly or indirectly, and do not undervalue or overlook skills considered to be “female”, such as those required in the caring professions, in comparison with skills traditionally considered to be “male”, such as technical skills (see 2012 General Survey on the fundamental Conventions, paragraph 701). Consequently, the Committee once again requests the Government to indicate whether the job evaluation methods and criteria selected to determine remuneration in the public sector are free from gender bias and do not result in undervaluing the jobs predominantly held by women in the public sector. The Committee also requests the Government to provide information on the access of male and female civil servants to additional benefits and to indicate how, and by which authority, complaints regarding discrimination in remuneration are addressed. Once again, please provide data on the distribution of men and women in the various posts and occupations of the public sector and their corresponding levels of earnings.

Awareness raising and enforcement. Noting the Government’s indication that labour inspections concerning equal opportunities and treatment between men and women are, in general, focused on prevention, the Committee had requested the Government to provide information on any training and awareness-raising activities provided to labour inspectors and judges regarding the principle of the Convention. The Committee notes that the Government merely reiterates that labour inspectors’ work does not focus on detecting violations of the principle of equal remuneration for work of equal value. It therefore stresses once again the importance of training labour inspectors to increase their capacity to prevent, detect and remedy cases of pay discrimination (see 2012 General Survey, paragraphs 872–76). The Committee therefore reiterates its requests to the Government to take measures to train labour inspectors, raise awareness of judges and promote and ensure application of the principle of equal remuneration for men and women for work of equal value through a range of proactive measures, in cooperation with workers, employers and their organizations. The Committee also once again requests the Government to provide information on any complaints regarding discrimination in remuneration dealt with by the courts and any cases reported to labour inspectors, including their outcomes.

CMNT_TITLE

The Committee notes with concern 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

Articles 1 and 2 of the Convention. Assessment of the gender pay gap and its underlying causes. In its previous comment, the Committee requested the Government to provide statistics on the earnings of women and men in employment and to indicate the measures taken to address the structural and underlying causes of the gender pay gap. The Committee notes that the Government’s report does not provide information in this regard. However, it notes that according to Eurostat statistics, the unadjusted gender pay gap on the basis of average gross hourly earnings was 5.2 per cent in 2016 (down from 9.7 per cent in 2012). Eurostat data also shows that the gender pay gap is higher in the public sector (9.9 per cent) than in the private sector (6.8 per cent). The Committee further notes that sectors where the gender pay gap is the highest are the financial and insurance sectors (29.2 per cent) and manufacturing sector (18.6 per cent); and that the gender pay gap is negative in the construction sector (-20.5 per cent). The Committee notes, from the document entitled “Women and Men: Work and Life Partnership” published by Romania’s National Institute of Statistics (NIS) in 2017, that in 2015, men’s average monthly gross earning was at 193 Romanian Leu (RON) (approx. US$50) above that of women, but that it varied greatly according to the sector of work (in construction, women earned RON404 ($100) more than men while in the financial activities they earned RON1,994 ($502) less than men). According to the NIS, the gender pay gap can partly be explained by the fact that women work fewer hours on average than their male counterparts, mostly due to maternity and maternal leave up to two years. The Committee also notes that, in its 2017 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), expressed concern about the high unemployment rate of women, especially in rural areas and among Roma women, and about the low participation of women in the private sector, especially at senior management positions (CEDAW/C/ROU/CO/7-8, paragraph 28).The Committee requests the Government to continue its efforts to lower the gender pay gap by addressing its structural and underlying causes, such as vertical and horizontal occupational job segregation and gender stereotypes on the role of women in the family. It once again requests the Government to indicate the steps taken or envisaged to achieve this objective and all measures taken to combat effectively the gender pay gap in sectors where it is particularly wide. The Committee also reiterates its requests to the Government to provide statistics on the earnings of women and men in employment, by occupational group and economic sector, and any research available on the evolution of the gender pay gap and its underlying causes.

Equal remuneration for work of equal value. Legislation. Public sector. The Committee recalls its previous comments in which it requested the Government to provide information on the application in practice of section 3(c) of the Framework Act No. 284/2010 on the unitary pay system for public sector employees, which provides that the salary system is based on the principle of equal remuneration for work of equal value. The Committee notes the Government’s indication, in its report, that following consultation and negotiation with the civil servants concerned, it has increased salaries in the public sector across the board through the adoption of a new salary law for public service employees in July 2017.Noting that the Government report is silent on this point, the Committee reiterates its request that the Government provide information on the application of section 3(c) of the Framework Act No. 284/2010 in practice, specifying the manner in which and by which public authority observance of this provision is ensured, as well as the procedure allowing public servants to assert their rights in the event of wage discrimination.

Article 2. Application of the principle by means of collective agreements. The Committee recalls that, Collective Agreement No. 710 for the automobile construction industry does not reflect the principle of equal remuneration for men and women for work of equal value, since it only provides for “equal salary for equal work between men and women”. It previously noted that the labour legislation providing for equal remuneration for work of equal value applies to all workers and employers whether they are covered or not by collective agreements and that under Law No. 62/2011 on social dialogue, terms of collective labour agreements may establish rights and obligations only within the limits and conditions provided by law (section 132(1)). The Committee requested the Government to provide information on the measures taken to encourage the social partners to reflect the concept of equal remuneration for work of equal value in sectoral collective agreements. The Committee notes that the Government’s response reiterates its previous statement that under section 132 of Law No. 62/2011, clauses of collective agreements which are contrary to the law are void. The Committee therefore observes that it remains unclear whether the Government has taken measures to encourage social partners to reflect the principle of the Convention in collective agreements.Consequently, the Committee once again requests the Government to provide information on the measures taken, or envisaged, to encourage social partners to reflect in sectoral collective agreements the principle of equal remuneration for work of equal value, including any training and awareness-raising measures among workers’ and employers’ organizations on the concept of “work of equal value”.

Articles 2 and 3. Determination of remuneration and objective job evaluation in the public sector. In its previous comments, the Committee noted that under the Framework Act No. 284/2010 on the unitary pay system for public sector employees, the basic wage scale is established on the basis of a job evaluation, according to the following criteria: knowledge and experience; complexity; creativity and diversity of activities; impact of decisions; influence; coordination and monitoring; contacts and communication; conditions of work; incompatibility; and special regimes. According to the Government, the system of remuneration establishes the actual remuneration of public servants with respect to the responsibility of the post, work done, quality and quantity of work, the social importance of the work, the concrete conditions of work, and results obtained, in addition to the aforementioned criteria. In its report, the Government merely refers to the 2017 salary increase in the public sector, failing to provide information on how it is ensured that the methods and criteria used and applied to determine remuneration in the public service are free from gender bias and do not result in undervaluing the jobs predominantly held by women in the public sector. Recalling that particular care must be taken to ensure that the method and criteria used for a job evaluation exercise are free from gender bias, the Committee emphasizes the importance of ensuring that the selection of criteria for comparison and their weighting and the actual comparison carried out are not discriminatory, either directly or indirectly, and do not undervalue or overlook skills considered to be “female”, such as those required in the caring professions, in comparison with skills traditionally considered to be “male”, such as technical skills (see 2012 General Survey on the fundamental Conventions, paragraph 701).Consequently, the Committee once again requests the Government to indicate whether the job evaluation methods and criteria selected to determine remuneration in the public sector are free from gender bias and do not result in undervaluing the jobs predominantly held by women in the public sector. The Committee also requests the Government to provide information on the access of male and female civil servants to additional benefits and to indicate how, and by which authority, complaints regarding discrimination in remuneration are addressed. Once again, please provide data on the distribution of men and women in the various posts and occupations of the public sector and their corresponding levels of earnings.

Awareness raising and enforcement. Noting the Government’s indication that labour inspections concerning equal opportunities and treatment between men and women are, in general, focused on prevention, the Committee had requested the Government to provide information on any training and awareness-raising activities provided to labour inspectors and judges regarding the principle of the Convention. The Committee notes that the Government merely reiterates that labour inspectors’ work does not focus on detecting violations of the principle of equal remuneration for work of equal value. It therefore stresses once again the importance of training labour inspectors to increase their capacity to prevent, detect and remedy cases of pay discrimination (see 2012 General Survey, paragraphs 872–876).The Committee therefore reiterates its requests to the Government to take measures to train labour inspectors, raise awareness of judges and promote and ensure application of the principle of equal remuneration for men and women for work of equal value through a range of proactive measures, in cooperation with workers, employers and their organizations. The Committee also once again requests the Government to provide information on any complaints regarding discrimination in remuneration dealt with by the courts and any cases reported to labour inspectors, including their outcomes.

CMNT_TITLE

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

Articles 1 and 2 of the Convention. Assessment of the gender pay gap and its underlying causes. In its previous comment, the Committee requested the Government to provide statistics on the earnings of women and men in employment and to indicate the measures taken to address the structural and underlying causes of the gender pay gap. The Committee notes that the Government’s report does not provide information in this regard. However, it notes that according to Eurostat statistics, the unadjusted gender pay gap on the basis of average gross hourly earnings was 5.2 per cent in 2016 (down from 9.7 per cent in 2012). Eurostat data also shows that the gender pay gap is higher in the public sector (9.9 per cent) than in the private sector (6.8 per cent). The Committee further notes that sectors where the gender pay gap is the highest are the financial and insurance sectors (29.2 per cent) and manufacturing sector (18.6 per cent); and that the gender pay gap is negative in the construction sector (-20.5 per cent). The Committee notes, from the document entitled “Women and Men: Work and Life Partnership” published by Romania’s National Institute of Statistics (NIS) in 2017, that in 2015, men’s average monthly gross earning was at 193 Romanian Leu (RON) (approx. US$50) above that of women, but that it varied greatly according to the sector of work (in construction, women earned RON404 ($100) more than men while in the financial activities they earned RON1,994 ($502) less than men). According to the NIS, the gender pay gap can partly be explained by the fact that women work fewer hours on average than their male counterparts, mostly due to maternity and maternal leave up to two years. The Committee also notes that, in its 2017 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), expressed concern about the high unemployment rate of women, especially in rural areas and among Roma women, and about the low participation of women in the private sector, especially at senior management positions (CEDAW/C/ROU/CO/7-8, paragraph 28). The Committee requests the Government to continue its efforts to lower the gender pay gap by addressing its structural and underlying causes, such as vertical and horizontal occupational job segregation and gender stereotypes on the role of women in the family. It once again requests the Government to indicate the steps taken or envisaged to achieve this objective and all measures taken to combat effectively the gender pay gap in sectors where it is particularly wide. The Committee also reiterates its requests to the Government to provide statistics on the earnings of women and men in employment, by occupational group and economic sector, and any research available on the evolution of the gender pay gap and its underlying causes.

Equal remuneration for work of equal value. Legislation. Public sector. The Committee recalls its previous comments in which it requested the Government to provide information on the application in practice of section 3(c) of the Framework Act No. 284/2010 on the unitary pay system for public sector employees, which provides that the salary system is based on the principle of equal remuneration for work of equal value. The Committee notes the Government’s indication, in its report, that following consultation and negotiation with the civil servants concerned, it has increased salaries in the public sector across the board through the adoption of a new salary law for public service employees in July 2017. Noting that the Government report is silent on this point, the Committee reiterates its request that the Government provide information on the application of section 3(c) of the Framework Act No. 284/2010 in practice, specifying the manner in which and by which public authority observance of this provision is ensured, as well as the procedure allowing public servants to assert their rights in the event of wage discrimination.

Article 2. Application of the principle by means of collective agreements. The Committee recalls that, Collective Agreement No. 710 for the automobile construction industry does not reflect the principle of equal remuneration for men and women for work of equal value, since it only provides for “equal salary for equal work between men and women”. It previously noted that the labour legislation providing for equal remuneration for work of equal value applies to all workers and employers whether they are covered or not by collective agreements and that under Law No. 62/2011 on social dialogue, terms of collective labour agreements may establish rights and obligations only within the limits and conditions provided by law (section 132(1)). The Committee requested the Government to provide information on the measures taken to encourage the social partners to reflect the concept of equal remuneration for work of equal value in sectoral collective agreements. The Committee notes that the Government’s response reiterates its previous statement that under section 132 of Law No. 62/2011, clauses of collective agreements which are contrary to the law are void. The Committee therefore observes that it remains unclear whether the Government has taken measures to encourage social partners to reflect the principle of the Convention in collective agreements. Consequently, the Committee once again requests the Government to provide information on the measures taken, or envisaged, to encourage social partners to reflect in sectoral collective agreements the principle of equal remuneration for work of equal value, including any training and awareness-raising measures among workers’ and employers’ organizations on the concept of “work of equal value”.

Articles 2 and 3. Determination of remuneration and objective job evaluation in the public sector. In its previous comments, the Committee noted that under the Framework Act No. 284/2010 on the unitary pay system for public sector employees, the basic wage scale is established on the basis of a job evaluation, according to the following criteria: knowledge and experience; complexity; creativity and diversity of activities; impact of decisions; influence; coordination and monitoring; contacts and communication; conditions of work; incompatibility; and special regimes. According to the Government, the system of remuneration establishes the actual remuneration of public servants with respect to the responsibility of the post, work done, quality and quantity of work, the social importance of the work, the concrete conditions of work, and results obtained, in addition to the aforementioned criteria. In its report, the Government merely refers to the 2017 salary increase in the public sector, failing to provide information on how it is ensured that the methods and criteria used and applied to determine remuneration in the public service are free from gender bias and do not result in undervaluing the jobs predominantly held by women in the public sector. Recalling that particular care must be taken to ensure that the method and criteria used for a job evaluation exercise are free from gender bias, the Committee emphasizes the importance of ensuring that the selection of criteria for comparison and their weighting and the actual comparison carried out are not discriminatory, either directly or indirectly, and do not undervalue or overlook skills considered to be “female”, such as those required in the caring professions, in comparison with skills traditionally considered to be “male”, such as technical skills (see 2012 General Survey on the fundamental Conventions, paragraph 701). Consequently, the Committee once again requests the Government to indicate whether the job evaluation methods and criteria selected to determine remuneration in the public sector are free from gender bias and do not result in undervaluing the jobs predominantly held by women in the public sector. The Committee also requests the Government to provide information on the access of male and female civil servants to additional benefits and to indicate how, and by which authority, complaints regarding discrimination in remuneration are addressed. Once again, please provide data on the distribution of men and women in the various posts and occupations of the public sector and their corresponding levels of earnings.

Awareness raising and enforcement. Noting the Government’s indication that labour inspections concerning equal opportunities and treatment between men and women are, in general, focused on prevention, the Committee had requested the Government to provide information on any training and awareness-raising activities provided to labour inspectors and judges regarding the principle of the Convention. The Committee notes that the Government merely reiterates that labour inspectors’ work does not focus on detecting violations of the principle of equal remuneration for work of equal value. It therefore stresses once again the importance of training labour inspectors to increase their capacity to prevent, detect and remedy cases of pay discrimination (see 2012 General Survey, paragraphs 872–876). The Committee therefore reiterates its requests to the Government to take measures to train labour inspectors, raise awareness of judges and promote and ensure application of the principle of equal remuneration for men and women for work of equal value through a range of proactive measures, in cooperation with workers, employers and their organizations. The Committee also once again requests the Government to provide information on any complaints regarding discrimination in remuneration dealt with by the courts and any cases reported to labour inspectors, including their outcomes.

CMNT_TITLE

Articles 1 and 2 of the Convention. Assessment of the gender pay gap and its underlying causes. In its previous comment, the Committee requested the Government to provide statistics on the earnings of women and men in employment and to indicate the measures taken to address the structural and underlying causes of the gender pay gap. The Committee notes that the Government’s report does not provide information in this regard. However, it notes that according to Eurostat statistics, the unadjusted gender pay gap on the basis of average gross hourly earnings was 5.2 per cent in 2016 (down from 9.7 per cent in 2012). Eurostat data also shows that the gender pay gap is higher in the public sector (9.9 per cent) than in the private sector (6.8 per cent). The Committee further notes that sectors where the gender pay gap is the highest are the financial and insurance sectors (29.2 per cent) and manufacturing sector (18.6 per cent); and that the gender pay gap is negative in the construction sector (-20.5 per cent). The Committee notes, from the document entitled “Women and Men: Work and Life Partnership” published by Romania’s National Institute of Statistics (NIS) in 2017, that in 2015, men’s average monthly gross earning was at 193 Romanian Leu (RON) (approx. US$50) above that of women, but that it varied greatly according to the sector of work (in construction, women earned RON404 ($100) more than men while in the financial activities they earned RON1,994 ($502) less than men). According to the NIS, the gender pay gap can partly be explained by the fact that women work fewer hours on average than their male counterparts, mostly due to maternity and maternal leave up to two years. The Committee also notes that, in its 2017 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), expressed concern about the high unemployment rate of women, especially in rural areas and among Roma women, and about the low participation of women in the private sector, especially at senior management positions (CEDAW/C/ROU/CO/7-8, paragraph 28). The Committee requests the Government to continue its efforts to lower the gender pay gap by addressing its structural and underlying causes, such as vertical and horizontal occupational job segregation and gender stereotypes on the role of women in the family. It once again requests the Government to indicate the steps taken or envisaged to achieve this objective and all measures taken to combat effectively the gender pay gap in sectors where it is particularly wide. The Committee also reiterates its requests to the Government to provide statistics on the earnings of women and men in employment, by occupational group and economic sector, and any research available on the evolution of the gender pay gap and its underlying causes.

Equal remuneration for work of equal value. Legislation. Public sector. The Committee recalls its previous comments in which it requested the Government to provide information on the application in practice of section 3(c) of the Framework Act No. 284/2010 on the unitary pay system for public sector employees, which provides that the salary system is based on the principle of equal remuneration for work of equal value. The Committee notes the Government’s indication, in its report, that following consultation and negotiation with the civil servants concerned, it has increased salaries in the public sector across the board through the adoption of a new salary law for public service employees in July 2017. Noting that the Government report is silent on this point, the Committee reiterates its request that the Government provide information on the application of section 3(c) of the Framework Act No. 284/2010 in practice, specifying the manner in which and by which public authority observance of this provision is ensured, as well as the procedure allowing public servants to assert their rights in the event of wage discrimination.

Article 2. Application of the principle by means of collective agreements. The Committee recalls that, Collective Agreement No. 710 for the automobile construction industry does not reflect the principle of equal remuneration for men and women for work of equal value, since it only provides for “equal salary for equal work between men and women”. It previously noted that the labour legislation providing for equal remuneration for work of equal value applies to all workers and employers whether they are covered or not by collective agreements and that under Law No. 62/2011 on social dialogue, terms of collective labour agreements may establish rights and obligations only within the limits and conditions provided by law (section 132(1)). The Committee requested the Government to provide information on the measures taken to encourage the social partners to reflect the concept of equal remuneration for work of equal value in sectoral collective agreements. The Committee notes that the Government’s response reiterates its previous statement that under section 132 of Law No. 62/2011, clauses of collective agreements which are contrary to the law are void. The Committee therefore observes that it remains unclear whether the Government has taken measures to encourage social partners to reflect the principle of the Convention in collective agreements. Consequently, the Committee once again requests the Government to provide information on the measures taken, or envisaged, to encourage social partners to reflect in sectoral collective agreements the principle of equal remuneration for work of equal value, including any training and awareness-raising measures among workers’ and employers’ organizations on the concept of “work of equal value”.

Articles 2 and 3. Determination of remuneration and objective job evaluation in the public sector. In its previous comments, the Committee noted that under the Framework Act No. 284/2010 on the unitary pay system for public sector employees, the basic wage scale is established on the basis of a job evaluation, according to the following criteria: knowledge and experience; complexity; creativity and diversity of activities; impact of decisions; influence; coordination and monitoring; contacts and communication; conditions of work; incompatibility; and special regimes. According to the Government, the system of remuneration establishes the actual remuneration of public servants with respect to the responsibility of the post, work done, quality and quantity of work, the social importance of the work, the concrete conditions of work, and results obtained, in addition to the aforementioned criteria. In its report, the Government merely refers to the 2017 salary increase in the public sector, failing to provide information on how it is ensured that the methods and criteria used and applied to determine remuneration in the public service are free from gender bias and do not result in undervaluing the jobs predominantly held by women in the public sector. Recalling that particular care must be taken to ensure that the method and criteria used for a job evaluation exercise are free from gender bias, the Committee emphasizes the importance of ensuring that the selection of criteria for comparison and their weighting and the actual comparison carried out are not discriminatory, either directly or indirectly, and do not undervalue or overlook skills considered to be “female”, such as those required in the caring professions, in comparison with skills traditionally considered to be “male”, such as technical skills (see 2012 General Survey on the fundamental Conventions, paragraph 701). Consequently, the Committee once again requests the Government to indicate whether the job evaluation methods and criteria selected to determine remuneration in the public sector are free from gender bias and do not result in undervaluing the jobs predominantly held by women in the public sector. The Committee also requests the Government to provide information on the access of male and female civil servants to additional benefits and to indicate how, and by which authority, complaints regarding discrimination in remuneration are addressed. Once again, please provide data on the distribution of men and women in the various posts and occupations of the public sector and their corresponding levels of earnings.

Awareness raising and enforcement. Noting the Government’s indication that labour inspections concerning equal opportunities and treatment between men and women are, in general, focused on prevention, the Committee had requested the Government to provide information on any training and awareness-raising activities provided to labour inspectors and judges regarding the principle of the Convention. The Committee notes that the Government merely reiterates that labour inspectors’ work does not focus on detecting violations of the principle of equal remuneration for work of equal value. It therefore stresses once again the importance of training labour inspectors to increase their capacity to prevent, detect and remedy cases of pay discrimination (see 2012 General Survey, paragraphs 872–876). The Committee therefore reiterates its requests to the Government to take measures to train labour inspectors, raise awareness of judges and promote and ensure application of the principle of equal remuneration for men and women for work of equal value through a range of proactive measures, in cooperation with workers, employers and their organizations. The Committee also once again requests the Government to provide information on any complaints regarding discrimination in remuneration dealt with by the courts and any cases reported to labour inspectors, including their outcomes.

CMNT_TITLE

Articles 1 and 2 of the Convention. Assessment of the gender pay gap and its underlying causes. The Committee notes that, according to Eurostat statistics, in 2012 the estimated overall gender pay gap on the basis of average gross hourly earnings was 9.7 per cent (22.7 per cent in manufacturing, 21.1 per cent in financial and insurance activities, 23.7 per cent in other service activities, and 12.8 per cent in education). The Committee further notes that the elimination of the gender pay gap is set as an objective by the Government Programme for 2013–16. Recalling the importance of collecting and analysing recent and reliable data on the actual situation in order to address appropriately unequal pay, the Committee asks the Government to provide statistics on the earnings of women and men in employment, by occupational group and economic sector, and any research available on the evolution of the gender pay gap and its underlying causes. It further asks the Government to indicate the steps taken or envisaged to address the structural and underlying causes of the gender pay gap, such as vertical and horizontal occupational job segregation, and all measures taken to combat effectively the gender pay gap in sectors where it is particularly wide.

Equal remuneration for work of equal value. Legislation. Public sector. The Committee recalls that the principle of the Convention is reflected in the Labour Code (section 6(3)). The Committee notes that the adoption of the Framework Act No. 284/2010 of 28 December 2010 on the unitary pay system for public sector employees, which repeals the Framework Act No. 330/2009 of 5 November 2009. The new Act, as the previous Act, also provides that the salary system established is based on the principle of equal remuneration for work of equal value (section 3(c)). The Committee asks the Government to provide information on the application of section 3(c) of the Framework Act No. 284/2010 in practice, specifying the manner in which and by which public authority observance of this provision is ensured, as well as the procedure allowing public servants to enforce their rights in the event of wage discrimination.

Article 2. Application of the principle by means of collective agreements. The Committee recalls that, Collective Agreement No. 710 for the automobile construction industry does not reflect the principle of equal remuneration for men and women for work of equal value, since it only provides for “equal salary for equal work between men and women”. The Committee notes the Government’s indication that the labour legislation which includes the principle of equal remuneration for work of equal value applies to all workers and employers whether they are covered or not by collective agreements. It further notes that under Law No. 62/2011 on social dialogue, terms of collective labour agreements may establish rights and obligations only within the limits and conditions provided by law (section 132(1)). The Committee once again asks the Government to provide information on the measures taken to encourage the social partners to reflect in sectoral collective agreements, such as Collective Agreement No. 710, the principle of equal remuneration for work of equal value, including any training and awareness-raising measures among workers’ and employers’ organizations on the concept of “work of equal value”.

Articles 2 and 3. Determination of remuneration and objective job evaluation in the public sector. The Committee notes the Government’s statement that under the Framework Act No. 284/2010 on the unitary pay system for public sector employees, the basic wage scale is established on the basis of a job evaluation, according to the following criteria: knowledge and experience; complexity; creativity and diversity of activities; impact of decisions; influence; coordination and monitoring; contacts and communication; conditions of work; incompatibility; and special regimes. According to the Government, the system of remuneration establishes the actual remuneration of public servants with respect to the responsibility of the post, work done, quality and quantity of work, the social importance of the work, the concrete conditions of work, and results obtained as well as the aforementioned criteria. Noting this information, the Committee recalls that particular care must be taken to ensure that the method and the criteria used are free from gender bias: it is important to ensure that the selection of criteria for comparison and their weighting and the actual comparison carried out are not discriminatory, either directly or indirectly, and do not undervalue or overlook skills considered to be “female”, such as those required in the caring professions, in comparison with skills traditionally considered to be “male”, such as technical skills (see General Survey on the fundamental Conventions, 2012, paragraph 701). The Committee asks the Government to ensure that the methods and criteria used and applied to determine remuneration in the public service are free from gender bias and do not result in undervaluing the jobs predominantly held by women in the public sector. The Committee also asks the Government to provide information on the access of male and female civil servants to additional benefits and to indicate how, and by which authority, complaints regarding discrimination in remuneration are addressed. Please provide data on the distribution of men and women in the various posts and occupations of the public sector and their corresponding levels of earnings.

Awareness raising and enforcement. The Committee notes the Government’s indication that labour inspections concerning equal opportunities and treatment between men and women are in general focused on prevention. While welcoming the statistics on the number of labour inspections carried out and sanctions applied, the Committee notes that the information provided does not relate specifically to unequal remuneration. The Committee asks the Government to provide information on training and awareness raising for labour inspectors, judges, workers, employers and their organizations regarding the principle of equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide information on any complaints regarding discrimination in remuneration dealt with by the courts and any cases detected by or reported to labour inspectors, including on their outcomes.

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Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that, following its amendment in 2006, the Labour Code henceforth prohibits any discrimination in remuneration for work of equal value. It notes with interest the adoption of the Framework Act No. 330 on the unitary pay system for public sector employees, which expressly stipulates that the principle of equal remuneration for work of equal value is one of the fundamental precepts of the pay system of the staff concerned. The Committee asks the Government to provide information on the enforcement of section 3(d) of the Framework Act No. 330 in practice, specifying in which manner and under which authority respect for this provision is guaranteed, as well as the procedure allowing the staff concerned to enforce their rights in the event of wage discrimination.

Assessment of the gender pay gap. The Committee noted in its previous comment that gender pay gaps were particularly high in manufacturing (25 per cent), trade (20.4 per cent) and health and social work (20.6 per cent), and it asked the Government to provide information on the measures taken or envisaged to close the gender pay gap in these sectors. The Committee nevertheless notes that according to Eurostat statistics, the gap in average gross hourly earnings dropped from 12.7 per cent in 2007 to 8.1 per cent in 2009. Noting that the Government’s report does not reply to its previous request for information, the Committee asks the Government once again to indicate all measures taken to combat effectively the gender pay gap in the sectors where it is particularly wide. The Committee also asks the Government to provide information on the reasons for the closing of the gender pay gap in 2009, and to provide the most recent statistics available on the number of women and men in employment, by economic sector, and on their respective earnings.

Article 2. Application of the principle by means of collective agreements. In its previous comment, the Committee noted that the collective agreement concluded at the national level for the period 2007–10 reflected the principle of equal remuneration for men and women for work of equal value, whereas the Collective Agreement No. 710 for the automobile construction industry only provided for “equal salary for equal work between men and women”. It therefore asked the Government to take appropriate steps to ensure that collective agreements included the principle laid down in the legislation and in the Convention. In the absence of any information on this point, the Committee once again asks the Government to take the necessary steps to ensure that collective agreements reflect the principle of equal remuneration for men and women for work of equal value, and to provide information on the measures taken in this respect as well as on any new collective agreement concluded at the national level. The Government is also asked to indicate the way in which the social partners determine the classification of jobs and, consequently, the corresponding levels of pay (criteria and methods of evaluation used).

Articles 2 and 3. Determination of remuneration and objective job evaluation in the public sector. The Committee notes that, under the Framework Act on the unitary pay system for public sector employees, basic wages are established according to level of education, occupational experience, level of responsibility and the complexity of the job, which, according to the Government, excludes any violation of the principle of equal remuneration between women and men, at least in theory. The Committee would nevertheless like to draw the Government’s attention to the fact that inequalities may still remain because of the criteria and methods used to classify posts, especially when women make up most of the workforce in certain categories of employment, which being often at the bottom of the ladder, are consequently the least well paid. As the Committee pointed out in its general observation of 2006, particular care must be taken to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. Often skills considered to be “female”, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally “male skills” such as heavy lifting. The Committee also considers that wage disparities between men and women in the public sector might be the result of disparities in the payment of certain supplementary wage benefits, such as housing allowances. In the light of its preceding comments, the Committee asks the Government to provide information on any measures taken to guarantee that the methods and criteria applied to classify jobs in the public sector are free from gender bias and to ensure that the principle of equal remuneration between men and women for work of equal value is applied effectively, especially with respect to the payment of additional benefits.

Monitoring of enforcement. Labour inspection. The Committee notes that the labour inspection services do not have disaggregated data based on the legal provisions monitored. The information provided by the Government nevertheless indicates that approximately 33,000 labour inspections were conducted in 2007, 2008 and 2009 under Act No. 202/2002 concerning equal opportunities as between men and women, and that the number of employers penalized had increased from 1,121 in 2007 to 2,551 in 2008 and 3,327 in 2009, whilst the total amount of fines had increased from 30,000 lei in 2007 to 309,500 lei in 2008, and decreased to 6,000 lei in 2009; furthermore, from 2008 to April 2010, the labour inspection services had recorded 78 complaints of discrimination at the workplace and only one complaint in 2007 with respect to equal remuneration. Taking note of this information, the Committee asks the Government to take steps to make labour inspectors more aware of the principles of the Convention and to train them accordingly, and to inform the workers, employers and their organizations of the provisions and applicable legal proceedings with respect to equal remuneration for men and women for work of equal value. The Government is requested to continue providing information on cases of discrimination in terms of remuneration noted by labour inspectors, as well as on complaints lodged on this matter.

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Assessment of the gender pay gap. The Committee notes that, according to statistical data published by the ILO for 2007, the average monthly earnings of men were 10.6 per cent higher than that of women. Sectors of economic activity with particularly high gender pay gaps were manufacturing (25 per cent), trade (20.4 per cent) and health and social work (20.6 per cent). The gender pay gap reported by EUROSTAT for 2007 was 12.7 per cent (average gross hourly earnings). The Committee asks the Government to provide updated statistical information on the earnings of men and women and information on the measures taken or envisaged to close the gender pay gap in the sectors where it is particularly wide. The Committee also reiterates its previous request for information on how the Government promotes the achievement of equal remuneration for men and women for work of equal value in the context of its gender equality policies.

Articles 2 and 3 of the Convention. Determination of remuneration and objective job evaluation. The Committee notes from the Government’s report that collective agreement No. 710 for the automobile construction industry provides for “equal salary for equal work between men and women”. However, the Committee also notes that the collective labour agreement concluded at the national level for the period 2007–10 provides in section 2(4) that “the principle of equal remuneration for equal work implies that, for work of the same type or for work of equal value, any discrimination based on sex is eliminated as regards all the elements and conditions of compensation”. While noting this definition in the national level collective agreement, the Committee asks the Government to take appropriate steps to ensure that the provisions of all collective agreements provide equal remuneration for men and women for work of equal value, in conformity with the legislation and the Convention. Further, the Committee once again stresses the importance of the use of objective job evaluation methods with a view to ensuring that remuneration is determined in accordance with the principle of equal remuneration for men and women for work of equal value, as defined in section 4(2) of Act 202/2002 on equal opportunities between women and men. The Committee asks the Government to provide information on: (i) the measures taken to ensure that collective agreements at all levels fully reflect the principles of the Convention and on the cooperation of workers’ and employers’ organizations sought in this regard; and (ii) the measures taken to promote the development and use of objective job evaluation methods in the private and public sectors.

Enforcement. The Committee notes the Government’s indication that the 39,806 labour inspections conducted during 2006 aimed, inter alia, at verifying employers’ compliance with Act No. 202/2002. Between January and September 2007, 33,077 inspections were carried out. However, the Committee notes that none of these inspections have apparently identified any violations of the principle of equal remuneration for men and women for work of equal value. While noting that, according to the Government, a guide for labour inspectors has been developed which, inter alia, addresses the issue of discrimination based on sex in respect of remuneration, the Committee remains concerned that no violations of the principle of equal remuneration for men and women for work of equal value have so far have been identified and rectified through labour inspection. The Committee therefore asks the Government to provide more detailed information on the specific measures taken to raise awareness and to train labour inspectors as regards the Convention’s principles and to provide a copy of the guide mentioned in the Government’s report. Please continue to provide information on whether any cases regarding equal remuneration for men and women for work of equal value have been dealt with by the labour inspectors or the courts.

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Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. The Committee recalls its previous comments concerning section 6(2) of the Labour Code (Act No. 53/2003) which provided for equal pay for equal work rather than for equal remuneration for work of equal value, as required by the Convention. In this regard, the Committee notes with satisfaction that Emergency Ordinance No. 55/2006 amended the Labour Code to provide in section 6(3) that “any discrimination based on sex shall, as regards all elements and conditions of compensation, be prohibited for equal work or work of equal value”. The Committee notes that the Emergency Ordinance was approved by Act No. 94/2007 of 16 April 2007. The Committee asks the Government to provide information on the enforcement of section 6(3) of the Labour Code, including relevant decisions of the labour inspectorate or the courts.

The Committee is raising other points in a request addressed directly to the Government.

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1. Articles 1 and 2 of the Convention. The Committee recalls that the Labour Code (Act. No. 53/2003) does not give full legislative expression to the principle of equal remuneration for men and women for work of equal value, while provisions in accordance with the Convention have been included in Act No. 202/2002 on equality of opportunity for men and women. Recalling its recommendation to harmonize the provisions of the Labour Code with those of Act No. 202/2002 and the principle of the Convention, the Committee notes the Government’s indication that an emergency ordinance issued by the Government in August 2006 will, once adopted by Parliament, introduce the principle into the Labour Code. According to the Government’s report, the amended Labour Code will provide in section 6(2) that all employees performing work have the right to equal payment for equal work or for work of equal value. The Committee asks the Government to provide information on the adoption of the emergency ordinance amending section 6(2) of the Labour Code by Parliament and to provide a copy of the text.

2. The Committee notes the concerns expressed by the Committee on the Elimination of Discrimination against Women in its Concluding comments of 2006 (CEDAW/C7ROM/CO/6, 2 June 2006) over the existing gender wage gaps in the private and public sectors. It asks the Government to provide information on how it promotes the achievement of equal pay for men and women in the context of its gender equality policies.

3. Articles 2 and 3. Determination of remuneration and objective job evaluation. (a) Private sector. The Committee notes the examples given by the Government of provisions contained in collective agreements concerning equality of men and women. It notes that, according to this information, some collective agreements appear to provide for “equal pay for equal work”, which would not be in accordance with the Convention and Act No. 202/2002 which requires equal remuneration for men and women for equal work and work of equal value. The Committee asks the Government to take every measure to ensure that collective agreements reflect fully the principle of the Convention and to seek the cooperation of workers’ and employers’ organizations in this regard. The Committee also asks the Government to take measures to promote the use of objective job evaluation methods as a means to ensure that remuneration is fixed in accordance with Act 202/2002, particularly its section 4(2) which defines “work of equal value”, and the Convention. In this context, the Committee draws attention to its general observation of 2006 providing guidance with respect to “equal value”. The Government is asked to provide detailed information on the specific action taken concerning these matters.

4. (b) Public sector. The Committee recalls its previous comments on the application of the Convention in the public sector and notes the recommendations made by the Committee on the Elimination of Discrimination against Women on the use of objective job evolution as a means to close the gender wage gap in the public sector (Concluding comments 2006, paragraph 29). It asks the Government to indicate any measures taken to promote the use of objective job evaluation methods in the civil service and other public sector employment.

5. Enforcement. The Committee notes that the labour inspectorates did not receive any complaints concerning equal remuneration. No information has been given concerning a court decision relating to this matter. The Committee asks the Government to indicate how it ensures awareness and understanding of the legislation’s equal pay provisions as well as appropriate training of labour inspectors to examine equal pay issues. It reiterates its request to the Government to provide a copy of the manual for labour inspectors, which was not attached to the report. Please also continue to provide information on any relevant administrative or judicial decisions.

6. Statistical information. Noting that the statistical information referred to in the Government’s report was not received, the Committee reiterates its request to the Government to provide full statistical information on the earnings of men and women in the public and private sectors, as far as possible in accordance with its 1998 general observation.

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1. Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Recalling its previous comments on this matter, the Committee regrets that the adoption of a new Labour Code (Act No. 53/2003) has not been taken as an opportunity to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Labour Code continues to refer to the narrower notion of equal pay for equal work (section 6(2)), while prohibiting in section 154(3) any discrimination based on gender in respect of establishing and granting wages, which are defined in section 155 as comprising the basic wage, allowances, benefits, as well as other additional payments. However, the Committee recalls that Act. No. 202/2002 on equality of opportunity for men and women requires employers to ensure equal pay for work of equal value in accordance with the Convention. The Committee nevertheless recommends that the Labour Code be harmonized with the provisions of Act No. 202/2002 and the principle of the Convention by amending it to refer to equal remuneration for men and women for work of equal value. The Government is asked to provide information on any measures taken or envisaged in this regard.

2. Articles 2 and 3. Determination of remuneration and objective job evaluation. (a) Private sector. The Committee notes from the Government’s report that remuneration in the private sector is established by means of individual negotiations between the employer and the employee on the basis of collective labour contracts. It recalls that section 4(e) of Act No 202/2002 defines work of equal value as "paid activity which, following a comparison based on the same indicators and measurement units as another activity, reflects the use of similar or equivalent professional knowledge and skills and an equal or similar amount of intellectual and/or physical effort". The Government is asked to provide information on the methods used by private sector employers to determine work value when determining wages and on how the principle of equal remuneration for men and women is taken into account in the context of collective bargaining. Please indicate any examples of collective contracts that contain specific provisions on equal remuneration for work of equal value.

3. (b) Public sector. The Committee notes with interest Schedule 1 to General Order No. 749/1998 of 23 October 1998, approving the methodology for establishing standards for appraisal of individual professional performance and for applying the criteria for establishing basic wages for contractual public employees. Schedule No. 1 sets out five objective criteria for job evaluation and defines their content. The Committee also notes that the methodology deals with job evaluation as one element of a performance-based remuneration system. The Government is asked to continue to provide information on the application of the methodology in practice, including its impact on the levels of remuneration received by male and female employees covered by the methodology.

4. Parts II and IV of the report form. Enforcement. The Committee notes that the labour inspectorate is responsible for supervising the application of the labour-related provisions of Act No. 202/2002. Further, employees considering themselves victims of discrimination in contravention of the Act, may file a complaint with the competent court of law or administrative tribunal if the matter cannot be settled with the employer. The Committee asks the Government to indicate the number, nature and outcome, including sanctions imposed, of cases relating to equal remuneration for work of equal value brought before the courts or addressed by the labour inspectorate. Noting that a training guide for labour inspectors is under preparation, the Committee hopes that the guide will contain sections on the principles of the Convention and their application and asks the Government to provide a copy of the guide, as soon as it is finalized.

5. Part V of the report form. Statistical information on earnings differentials between men and women. The Committee notes the statistical information provided by the Government according to which women’s salaries were on average 28 per cent lower then men’s in 2003. The Committee asks the Government to continue to provide statistical data on the earnings received by men and women in its next report, including data indicating the earnings of men and women in the private and public sectors.

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The Committee notes the information contained in the Government’s report, and the attached legislation.

1. The Committee notes with interest the adoption of Act No. 202/2002 on equality of opportunity for men and women, which covers all workers, including self-employed workers and agricultural workers. It notes that section 6(1)(c) of the Act sets forth the principle of equal remuneration for men and women workers for work of equal value and that section 4(e) defines the term "work of equal value" as a "paid activity which, following a comparison based on the same indicators and measurement units as another activity, reflects the use of similar or equivalent professional knowledge and skills and an equal or similar amount of intellectual and/or physical effort". It also notes that section 21 of the Act calls upon the central public authorities and private or social companies, as well as political parties and non-profit-making organizations to promote the principle of the equal participation of men and women in the management of these bodies and that Chapter V of the Act entrusts responsibility for its application to several bodies, authorities and the social partners. The Committee requests the Government to provide information on the application of the Act in practice and particularly on the measures taken by the bodies covered by Chapter V of the Act for its implementation, as well as on the results achieved and the follow-up carried out.

2. The Committee notes the Act of 16 January 2002 approving Government Ordinance No. 137/2000 respecting the prevention and punishment of all forms of discrimination. It notes that section 1(2)(i) of the above Ordinance prohibits any discrimination in terms of remuneration for "equal work". The Committee recalls that the concept of equal remuneration for work of equal value, as envisaged in Article 1 of the Convention, is broader than that set out in the Ordinance. It hopes that the Government will amend the Ordinance in order to bring it into conformity with the Convention.

3. The Committee notes that General Order No. 749/1998 of 23 October 1998 covers in general terms all contractual employees of the central Government and other government units under the coordination of the central Government. It once again requests the Government to provide a copy of Schedule No. 1 to the General Order, which establishes the criteria to be taken into account for the determination of basic wages and indicators for the establishment of performance standards.

4. In its previous direct request, the Committee noted that the Directorate for Equality of Opportunity of the Ministry of Labour and Social Protection had organized a seminar on the integration of equality of opportunity into the activities of the labour inspectorate and that it is preparing the publication of a practical guide on the promotion of gender equality. It asks the Government whether it is still planning to publish this guide and to undertake other activities to promote the principle of equal remuneration. The Committee requests the Government to provide information on these activities, as well as on the other action taken by the Directorate for Equality of Opportunity.

5. In its previous direct request, the Committee noted that the Government envisaged the adoption of a new Labour Code and that a draft of the Code was being examined by Parliament. The draft Labour Code was reported to contain a definition of the principle of equal remuneration for work of equal value that is in conformity with the principles set out in the Convention. The Committee requests the Government to provide information on the progress made with regard to the draft new Labour Code and asks the Government to provide a copy once it has been adopted.

6. The Committee notes a report published by the United Nations Development Programme on Romania entitled A decade later: Understanding the transition process in Romania, National Human Development Report, Romania, 2001-02, which places at 16.52 per cent the gross wage gap between men and women in October 2000, compared with 24.1 per cent in 1994. It also notes that few women are engaged in managerial positions in companies since, according to the United Nations report, the percentage of women in these positions was 28.3 per cent in 2000. The Committee requests the Government to provide full statistical data on the remuneration of the labour force, disaggregated by sex, branch of economic activity and occupation, in accordance with the Committee’s general observation of 1998, as well as information on the specific measures adopted to promote the access of women to higher level jobs in the various sectors.

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The Committee notes the information provided in the Government’s report and the attached statistics.

1.  The Committee notes from the Government’s report that a new draft Labour Code is being discussed by Parliament which contains a definition of the principle of equal remuneration for work of equal value, as set out in the Convention. The Committee asks the Government to provide it with a copy of the Labour Code when it is adopted.

2.  The Committee notes the Government’s indications concerning the results of the statistical surveys covering the period 1994-98, which reveal a difference in the level of average wages of between 25 and 32 per cent for men and women, and a concentration of women in relatively low-paid jobs, while men occupy more jobs with higher wages. The Committee also notes the indications concerning the sectors in which more women work, including administration, agriculture, the manufacturing industry, commerce, health and teaching. It asks the Government to provide it with a copy of these statistical studies, as well as information on the specific measures taken or envisaged to promote the access of women to higher level jobs and to jobs in different sectors.

3.  The Committee notes that Schedule No. 1 to Government Order No. 749 of 23 October 1998 establishes the criteria to be taken into account for the determination of basic wages, and indicators for the establishment of performance standards. The Committee asks the Government to provide a copy of this text and also asks it to indicate the scope of its application.

4.  The Committee notes that the Directorate for Equality of Opportunity of the Ministry of Labour and Social Protection, with the financial assistance of USAID, organized a seminar in May 2000 entitled "Integration of equality of opportunity into the activities of the labour inspectorate" and that it is preparing the publication of a practical guide on the promotion of gender equality in collaboration with the Women’s Institute of Spain. The Committee asks the Government to provide information on these activities and on any other action which has been undertaken or is envisaged by the Directorate for Equality of Opportunity. The Committee also notes the preparation by the National Scientific Research Institute of three studies on the economic activities of women and asks the Government to provide information on the conclusions of these studies and on any action taken to give effect to them.

5.  Finally, the Committee notes that the Government’s report does not contain information on the Bill concerning equality of opportunities for women and men, which was mentioned in its 1997 report as being submitted to Parliament for adoption, and it asks the Government to indicate the status of the Bill.

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The Committee notes the information contained in the Government's report.

1. The Committee notes that the Government's report does not contain any response to its previous comments concerning the fact that the provisions of the Constitution (article 38, paragraph 4) and the Labour Code (section 151(1)) establish the principle of equal remuneration for equal work, whereas the principle of equal remuneration for work of equal value, as laid down in the Convention, is far broader than those laid down in the national legislation. The Government states that, under the national legislation, the basic wage takes into account the skills, the importance, the difficulties of the work to be performed, the training and professional competency. Nevertheless, the Committee wishes to draw the Government's attention again to the importance of including in the national legislation a definition of the principle of equality which is in conformity with the Convention. In this regard, the Committee would draw the Government's attention to paragraphs 19 to 21 of the General Survey of 1986 relative to equal remuneration and to paragraphs 44 to 78 relative to the concepts of equality.

2. The Committee notes with interest that the department of the Ministry of Labour and Social Promotion responsible for promoting the rights of women has drawn up a draft text on the equality of opportunities for men and women, which has been presented to Parliament for adoption. The Committee hopes that this draft text will contain a definition of the principle of equality which shall be in full compliance with the Convention (see above). The Committee requests the Government to keep it informed of any developments concerning the adoption of this draft text and to provide a copy of the text as soon as it has been adopted.

3. The Committee notes the Government's statement to the effect that a system of job evaluation does not enable the comparison of the different types of work which could be considered of equal value as regards qualifications, importance or effort required. However, the adoption of the concept of equal pay for work of equal value logically implies a comparison of the tasks involved. It is therefore important to establish specific procedures to ensure an evaluation of those tasks which does not discriminate on grounds of sex and to use a technique which measures and compares objectively and analytically the relative value of the jobs performed. The Committee notes that the Government had previously expressed a wish to receive technical assistance from the Office with regard to the evaluation of jobs. It would be grateful if the Government would provide information in respect of the developments in this regard. The Government may also wish to refer to paragraphs 138 to 150 of the General Survey of 1986 on equal remuneration.

4. According to the statistical information contained in the Government's report, the Committee notes that the percentage of women in high salary groups is very low, whereas it is generally higher in the low and middle salary groups. The Committee also notes that the percentage of women in managerial or executive positions in public administration and economic and social institutions is relatively low compared to the percentage of men in these institutions. The Committee notes the Government's statement to the effect that there is a preponderance of men in the more difficult jobs. The Committee requests the Government to provide information in its next report in respect of the jobs where there is a preponderance of men, statistical information in respect of the distribution of men and women in this type of job, the criteria adopted to evaluate the difficulty of the work performed, as well as specific measures adopted to promote the access of women to jobs at different levels, in particular better paid jobs where they are still underrepresented. The Committee also notes that the National Commission of Statistics does not have a system which allows the collection and analysis of data concerning the distribution of men and women throughout the various hierarchal levels of the public sector. Nevertheless, the Committee again requests the Government to endeavour to gather and forward, as soon as possible, statistical data on the wage scales applied in the public sector, together with an indication of the percentage of men and women occupying posts at all the different levels.

5. The Committee notes the Government's statement to the effect that the Single Collective Agreement signed on 31 May 1996 and extended until 1997 does not include any specific provisions relative to equal remuneration between men and women and that the social partners have stated their intention to negotiate a new collective agreement to be implemented at the end of 1998. The Committee hopes that this new agreement will contain provisions to ensure the observance of equal remuneration for men and women and looks forward to receiving a copy of the agreement as soon as it has been adopted. The Committee also notes that the minimum wage levels fixed in 1998 by collective labour agreements at the level of certain economic branches which employ a predominantly female workforce are greater than the statutory minimum wage. The Committee would be grateful if the Government would provide a copy of the collective agreements fixing the wage rates in the various sectors of activity, not only in the sectors which employ a predominantly female workforce but also those where women are underrepresented and to indicate, where possible, the percentage of women who are covered by these collective agreements.

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1. Further to its previous direct request, the Committee notes from the Government's report that the principle of equal remuneration between men and women for work of equal value, set out in Article 1, paragraph (b), of the Convention, is guaranteed by the 1991 Constitution (article 38(4)) and the Labour Code (section 151(1)). The Committee notes, however, that these provisions provide for equal wages between men and women for equal work. Referring to its General Survey of 1986 on equal remuneration, in particular paragraphs 19 to 21 concerning the notion of "equal value" and paragraphs 44 to 78 on the concepts of equality, the Committee again expresses the hope that the Government, at an opportune time, will take the measures necessary to incorporate the broader principle of the Convention into the national legislation. In the meantime, the Committee requests the Government to indicate in its next report how the Convention is applied when men and women carry out work of a different nature but which is of equal value.

2. The Committee notes with interest the statistics gathered by the National Commission of Statistics concerning the average monthly wages by sex, salary groupings and different branches of activity in the private and public sectors. It notes that, in 1994, the average monthly salary of women represented 89 per cent of that of men due to the preponderance of men in more difficult and better paid jobs. The percentage of women in high salary groups is very low whereas it is generally higher in the low and middle salary groups. The Committee would appreciate the Government supplying, with its next report, information enabling it to evaluate the measures being taken to reduce the still considerable wage gaps between men and women. Referring to paragraph 100 of its above-mentioned General Survey where it stresses the indivisible nature of equality, the Committee also asks the Government to supply information on the specific measures taken to promote women's access to jobs at different levels, in particular better paid jobs where they are still under-represented.

3. While noting that the present statistical system does not permit the collection of data on the distribution of men and women throughout the various hierarchical levels, the Committee nevertheless requests the Government to endeavour to gather and forward, as soon as possible, statistical data on: (i) the wage scales applying in the public sector, together with an indication of the percentage of men and women occupying posts at different levels; and (ii) the texts of collective agreements fixing wage levels in a variety of sectors of activity, indicating, if possible, the percentage of women covered by the agreements and the distribution of men and women at the different levels. In this connection, the Committee looks forward to receiving the Single Collective Agreement signed on 31 May 1996, once its translation is completed.

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With reference to its previous direct request, the Committee notes the information contained in the Government's report.

1. The Committee continues to draw the Government's attention to the importance of including in national legislation a definition of equal pay consistent with that provided for in the Convention. In the meantime, it requests the Government to take measures to ensure that women are protected against discrimination in "work of equal value" as well as when they perform equal work.

2. Noting from the Government's report that wages in commercial enterprises and independent companies are set by collective bargaining, the Committee would be grateful if the Government would supply copies of collective bargaining agreements which have recently been concluded by the social partners. In those instances where Government has set wages in consultation with workers' organizations, please provide copies of these wage scales.

3. The Committee notes the Government's indication that, at the present time, there are no statistics available which show the different levels occupied in the public service by men and women or which set out the average wage earned by occupation or branch of industry. The Committee would nevertheless stress to the Government the importance of collecting such statistical information in order to be able to assess the application of the principle set out in the Convention. The Committee thus requests the Government to make every effort to supply in its next report: (i) information concerning the wage scales applying in the public sector, together with an indication of the percentage of men and women occupying posts at different levels; and, (ii) statistical data concerning the average actual earnings of women and men, broken down, if possible, by occupation, branch of activity, seniority and level of qualifications.

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1. The Committee notes from the report of the Government, the adoption of the Law concerning Wages (Law No. 14 of 1991) which repeals most of the legislative texts relevant to wage fixing, adopted prior to 1989. The Committee notes that the new legislation, which proscribes discrimination on various grounds, including sex (as concerns the basic wage, supplements and pay raises) provides for the setting of a basic wage for all workers, according to the skill, nature and complexity of the tasks involved and on the basis of the educational and training level. (Section 1(3).) Wage supplements amd pay raises are awarded by reference to the results obtained, the conditions of work and seniority. (Section 1(4).) The Law also provides for the setting of a national minimum wage below which no wage, however fixed, must be paid. (Section 5(1) and (2).)

The Committee also notes that Article 38(4) of the new Constitution adopted by referendum on 8 December 1991 guarantees women the right to "the same pay as men for equal work". Referring to its General Observation of 1990, where the Committee emphasised the importance of including in national legislation, a definition of equal pay consistent with that provided for in the Convention, the Committee hopes that the Government will take all measures to ensure that legislation also protects women against discrimination in remuneration for "work of equal value".

2. The Committee requests the Government to provide full information on the practical measures taken to promote and enforce the application of the Convention.

3. The Committee notes with interest that the Government has expressed the desire, in its report, to receive technical assistance from the Office concerning job evaluation. The Committee would be grateful if the Government would provide information, in due course, on the results of any assistance provided in this regard.

4. The Committee requests the Government to furnish in its next report: (i) information concerning the wage scales applying in the public sector, together with an indication of the percentage of men and women occupying posts at different levels; (ii) the texts of collective agreements fixing wages in a range of enterprises or industries, with an indication, if possible, of the number of women covered by these agreements and information on the percentage of women and men employed at different levels; (iii) statistical data concerning the minimum or basic wage rates and the average actual earnings of women and men, broken down if possible, by occupation or sector of industry, seniority and level of training, as well as information on the percentage of women employed in particular occupations or sectors.

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The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in its report to the effect that, by virtue of the various legislative texts and regulations that have been adopted, including Act No. 2 of 1983 respecting the basic principles for improving the system of remuneration at work, and Act No. 1 of 1986 respecting remuneration in relation to the quantity and quality of work, equal pay is guaranteed for women for work that is equal to that performed by men. The Committee wishes to point out in this respect that the Convention provides for equal remuneration for men and women workers not only for the same work but also for work of "equal value". As the Committee noted in paragraphs 19 to 21 and 44 to 65 of its General Survey of 1986 on Equal Remuneration, the criteria of quality and quantity may form the basis for a comparative evaluation of the performance of different persons performing work of the same kind but they do not provide a sufficient basis to give effect to the principle of equal remuneration where men and women in practice perform work of a different nature but of equal value. The Committee therefore requests the Government to supply additional information on the effect given to the principle established in the Convention with respect to work of a different nature but of equal value by indicating whether, for the determination of remuneration rates, there is a system for the objective appraisal of jobs on the basis of the work to be performed. The Committee requests the Government to supply any relevant documents on this subject. Similarly, it requests the Government to supply copies of rulings handed down by courts or by other competent authorities in this field, and in particular by the departmental directorates of labour and social assistance and the State Inspectorate for Labour Protection.