Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

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.