Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

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.