Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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

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.