Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Assessment of the gender pay gap. The Committee notes that, according to statistical data published by the ILO for 2007, the average monthly earnings of men were 10.6 per cent higher than that of women. Sectors of economic activity with particularly high gender pay gaps were manufacturing (25 per cent), trade (20.4 per cent) and health and social work (20.6 per cent). The gender pay gap reported by EUROSTAT for 2007 was 12.7 per cent (average gross hourly earnings). The Committee asks the Government to provide updated statistical information on the earnings of men and women and information on the measures taken or envisaged to close the gender pay gap in the sectors where it is particularly wide. The Committee also reiterates its previous request for information on how the Government promotes the achievement of equal remuneration for men and women for work of equal value in the context of its gender equality policies.

Articles 2 and 3 of the Convention. Determination of remuneration and objective job evaluation. The Committee notes from the Government’s report that collective agreement No. 710 for the automobile construction industry provides for “equal salary for equal work between men and women”. However, the Committee also notes that the collective labour agreement concluded at the national level for the period 2007–10 provides in section 2(4) that “the principle of equal remuneration for equal work implies that, for work of the same type or for work of equal value, any discrimination based on sex is eliminated as regards all the elements and conditions of compensation”. While noting this definition in the national level collective agreement, the Committee asks the Government to take appropriate steps to ensure that the provisions of all collective agreements provide equal remuneration for men and women for work of equal value, in conformity with the legislation and the Convention. Further, the Committee once again stresses the importance of the use of objective job evaluation methods with a view to ensuring that remuneration is determined in accordance with the principle of equal remuneration for men and women for work of equal value, as defined in section 4(2) of Act 202/2002 on equal opportunities between women and men. The Committee asks the Government to provide information on: (i) the measures taken to ensure that collective agreements at all levels fully reflect the principles of the Convention and on the cooperation of workers’ and employers’ organizations sought in this regard; and (ii) the measures taken to promote the development and use of objective job evaluation methods in the private and public sectors.

Enforcement. The Committee notes the Government’s indication that the 39,806 labour inspections conducted during 2006 aimed, inter alia, at verifying employers’ compliance with Act No. 202/2002. Between January and September 2007, 33,077 inspections were carried out. However, the Committee notes that none of these inspections have apparently identified any violations of the principle of equal remuneration for men and women for work of equal value. While noting that, according to the Government, a guide for labour inspectors has been developed which, inter alia, addresses the issue of discrimination based on sex in respect of remuneration, the Committee remains concerned that no violations of the principle of equal remuneration for men and women for work of equal value have so far have been identified and rectified through labour inspection. The Committee therefore asks the Government to provide more detailed information on the specific measures taken to raise awareness and to train labour inspectors as regards the Convention’s principles and to provide a copy of the guide mentioned in the Government’s report. Please continue to provide information on whether any cases regarding equal remuneration for men and women for work of equal value have been dealt with by the labour inspectors or the courts.