Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes that the Government’s report contains no information in response to a number of its previous comments. In this regard, it recalls that Governments are under the duty to provide information on the application of ratified Conventions in law and in practice. It is on the grounds of that information, that the Committee fulfils its duties of assessment of the effective implementation of the ratified Conventions. Therefore, the Committee encourages the Government to submit a more exhaustive next report which includes all the matters raised below.

Articles 1 to 4 of the Convention. Assessment of the gender pay gap and its underlying causes. The Government reports that, according to Eurostat data for 2020, the average hourly wage for women was 2.4 per cent lower than men (in comparison to 13 per cent average in the EU). The Government also refers to the 2021 “Women and Men” report from the Romanian National Institute for Statistics (RNIS) which points that in 2019 the gender pay gap was due to factors such as differences in occupation, levels of qualification and hierarchical positions at work, and varied depending on the specific sector (women employed in traditionally male-dominated sectors such as mining, quarrying, and construction tended to have higher earnings than men but were less present in the sector, and in other sectors such as financial and insurance activities women tended to earn less than men). The Committee notes that Eurostat data for 2022 estimated the unadjusted gender pay gap to be 4.5 per cent in the country. The Committee notes with regret that the Government's report lacks specific information on any proactive measures taken to address the underlying causes of vertical and horizontal occupational segregation, such as for example gender stereotypes about the capacities and aspirations of women. The Committee asks the Government once again to provide information on the specific measures adopted to address the underlying causes of the gender pay gap, for example: measures to promote women’s access to employment in sectors or occupations where they are under-represented and have higher pay and career prospects; gender awareness raising activities to increase general sensitivity, understanding and knowledge about gender (in)equality; etc. The Committee also asks the Government to continue providing statistics on earnings, disaggregated by sex, occupational group and economic sector, along with any data on the evolution of the gender pay gap.

Equal remuneration for work of equal value. Legislation. Public sector. Noting that the Government report is silent on this point, the Committee reiterates its request for information on the application of section 3(c) of the Framework Act No. 284/2010 in practice, specifying how 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 through collective agreements. The Committee notes the Government’s indications that collective bargaining process should respect the principle of the autonomy of the parties but also the minimum guarantees provided in the legislation. Law No. 202/2002 thus mandates the inclusion of equality clauses in collective agreements (section 13). The Committee further notes the establishment of the Tripartite National Council through Law 367/2022, as a key advisory body for social dialogue. The Committee takes note that the collective agreement in the automotive industry, referred to in previous comments of the Committee, is no longer in effect. The Committee asks the Government to provide information on any proactive measures adopted, including in the framework of the Tripartite National Council, to raise the awareness of social partners about the principle of the Convention and to communicate samples of equality clauses included in collective agreements (in one of the working languages of the ILO), in virtue of section 13 of Law No.202/2002.

Articles 2 and 3. Determination of remuneration and objective job evaluation in the public sector. The Committee notes with regret that the Government’s report does not provide information on the measures taken to ensure that, in the establishment of wage scales in the public sector following the Framework Act 284/2010, the evaluation of the specific factors (such as knowledge and experience, complexity, creativity and diversity of activities, impact of decisions, etc) is done free from gender bias and does not result in an undervaluation of skills considered to be “female” in comparison to skills considered to be “male”. The Government indicates that the RNIS does not currently have detailed data on the distribution of men and women in various posts and occupations in the public sector. However, it refers to available data from the Labour Cost Survey on employee numbers and earnings by gender and form of ownership (public or private) and mentions that the National Agency of Public Functionaries (NAPF), which oversees public sector employment, holds relevant data within this sector. The Committee once again requests that the Government provides information on: (i) the measures taken to ensure that the objective job evaluation method implemented – including the criteria selected to determine remuneration in the public sector – is free from gender bias; (ii) any complaints of discrimination in remuneration based on sex dealt with in the public sector. Please communicate available statistics available from the RNIS and the NAPF on the distribution of men and women across various posts and occupations in the public sector, as well as their corresponding levels of earnings, or information on the measures envisaged to start collecting such data.

Awareness raising and enforcement. The Committee notes the information provided by the Government that: (1) the labour inspectorate supervises the application of labour legislation and, following Law No. 283 of 17 October 2022, sanctions for non-compliance with the principles of equality of treatment stipulated under Article 5 of the Labour Code is sanctioned with a fine from 4,000 to 8,000 Romanian leus; (2) the labour inspectorate can also detect and sanction contraventions to Law No. 202/2002; and (3) acts of discrimination under such law are also investigated and sanctioned by the National Council for Combating Discrimination (CNCD), and that the detailed statistics on the cases it addresses are reflected in its annual report. While welcoming the detailed information contained in the annual report of the CNCD, the Committee observes that it does not specifically indicate how many of those cases concerned discrimination in remuneration or were based on sex. It also notes with regret that the Government’s report does not provide information on specific training programmes or awareness-raising initiatives for labour inspectors and the judiciary, nor on the number of cases addressed by the labour inspection in relation to the principle of the Convention. The Committee asks the Government once again to take measures aimed at building the capacity and raising the awareness of labour inspectors, judges and also of workers, employers, and their organizations on the principle of equal remuneration between men and women for work of equal value. Please provide information on cases of wage discrimination based on sex handled by labour inspectorates or other competent bodies.