Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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.