Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

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.