Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Articles 1 and 2 of the Convention. The Committee recalls that the Labour Code (Act. No. 53/2003) does not give full legislative expression to the principle of equal remuneration for men and women for work of equal value, while provisions in accordance with the Convention have been included in Act No. 202/2002 on equality of opportunity for men and women. Recalling its recommendation to harmonize the provisions of the Labour Code with those of Act No. 202/2002 and the principle of the Convention, the Committee notes the Government’s indication that an emergency ordinance issued by the Government in August 2006 will, once adopted by Parliament, introduce the principle into the Labour Code. According to the Government’s report, the amended Labour Code will provide in section 6(2) that all employees performing work have the right to equal payment for equal work or for work of equal value. The Committee asks the Government to provide information on the adoption of the emergency ordinance amending section 6(2) of the Labour Code by Parliament and to provide a copy of the text.

2. The Committee notes the concerns expressed by the Committee on the Elimination of Discrimination against Women in its Concluding comments of 2006 (CEDAW/C7ROM/CO/6, 2 June 2006) over the existing gender wage gaps in the private and public sectors. It asks the Government to provide information on how it promotes the achievement of equal pay for men and women in the context of its gender equality policies.

3. Articles 2 and 3. Determination of remuneration and objective job evaluation. (a) Private sector. The Committee notes the examples given by the Government of provisions contained in collective agreements concerning equality of men and women. It notes that, according to this information, some collective agreements appear to provide for “equal pay for equal work”, which would not be in accordance with the Convention and Act No. 202/2002 which requires equal remuneration for men and women for equal work and work of equal value. The Committee asks the Government to take every measure to ensure that collective agreements reflect fully the principle of the Convention and to seek the cooperation of workers’ and employers’ organizations in this regard. The Committee also asks the Government to take measures to promote the use of objective job evaluation methods as a means to ensure that remuneration is fixed in accordance with Act 202/2002, particularly its section 4(2) which defines “work of equal value”, and the Convention. In this context, the Committee draws attention to its general observation of 2006 providing guidance with respect to “equal value”. The Government is asked to provide detailed information on the specific action taken concerning these matters.

4. (b) Public sector. The Committee recalls its previous comments on the application of the Convention in the public sector and notes the recommendations made by the Committee on the Elimination of Discrimination against Women on the use of objective job evolution as a means to close the gender wage gap in the public sector (Concluding comments 2006, paragraph 29). It asks the Government to indicate any measures taken to promote the use of objective job evaluation methods in the civil service and other public sector employment.

5. Enforcement. The Committee notes that the labour inspectorates did not receive any complaints concerning equal remuneration. No information has been given concerning a court decision relating to this matter. The Committee asks the Government to indicate how it ensures awareness and understanding of the legislation’s equal pay provisions as well as appropriate training of labour inspectors to examine equal pay issues. It reiterates its request to the Government to provide a copy of the manual for labour inspectors, which was not attached to the report. Please also continue to provide information on any relevant administrative or judicial decisions.

6. Statistical information. Noting that the statistical information referred to in the Government’s report was not received, the Committee reiterates its request to the Government to provide full statistical information on the earnings of men and women in the public and private sectors, as far as possible in accordance with its 1998 general observation.