Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Articles 1 and 2 of the Convention. Assessment of the gender pay gap and its underlying causes. The Committee notes that, according to Eurostat statistics, in 2012 the estimated overall gender pay gap on the basis of average gross hourly earnings was 9.7 per cent (22.7 per cent in manufacturing, 21.1 per cent in financial and insurance activities, 23.7 per cent in other service activities, and 12.8 per cent in education). The Committee further notes that the elimination of the gender pay gap is set as an objective by the Government Programme for 2013–16. Recalling the importance of collecting and analysing recent and reliable data on the actual situation in order to address appropriately unequal pay, the Committee asks the Government to provide statistics on the earnings of women and men in employment, by occupational group and economic sector, and any research available on the evolution of the gender pay gap and its underlying causes. It further asks the Government to indicate the steps taken or envisaged to address the structural and underlying causes of the gender pay gap, such as vertical and horizontal occupational job segregation, and all measures taken to combat effectively the gender pay gap in sectors where it is particularly wide.

Equal remuneration for work of equal value. Legislation. Public sector. The Committee recalls that the principle of the Convention is reflected in the Labour Code (section 6(3)). The Committee notes that the adoption of the Framework Act No. 284/2010 of 28 December 2010 on the unitary pay system for public sector employees, which repeals the Framework Act No. 330/2009 of 5 November 2009. The new Act, as the previous Act, also provides that the salary system established is based on the principle of equal remuneration for work of equal value (section 3(c)). The Committee asks the Government to provide information on the application of section 3(c) of the Framework Act No. 284/2010 in practice, specifying the manner in which and by which public authority observance of this provision is ensured, as well as the procedure allowing public servants to enforce their rights in the event of wage discrimination.

Article 2. Application of the principle by means of collective agreements. The Committee recalls that, Collective Agreement No. 710 for the automobile construction industry does not reflect the principle of equal remuneration for men and women for work of equal value, since it only provides for “equal salary for equal work between men and women”. The Committee notes the Government’s indication that the labour legislation which includes the principle of equal remuneration for work of equal value applies to all workers and employers whether they are covered or not by collective agreements. It further notes that under Law No. 62/2011 on social dialogue, terms of collective labour agreements may establish rights and obligations only within the limits and conditions provided by law (section 132(1)). The Committee once again asks the Government to provide information on the measures taken to encourage the social partners to reflect in sectoral collective agreements, such as Collective Agreement No. 710, the principle of equal remuneration for work of equal value, including any training and awareness-raising measures among workers’ and employers’ organizations on the concept of “work of equal value”.

Articles 2 and 3. Determination of remuneration and objective job evaluation in the public sector. The Committee notes the Government’s statement that under the Framework Act No. 284/2010 on the unitary pay system for public sector employees, the basic wage scale is established on the basis of a job evaluation, according to the following criteria: knowledge and experience; complexity; creativity and diversity of activities; impact of decisions; influence; coordination and monitoring; contacts and communication; conditions of work; incompatibility; and special regimes. According to the Government, the system of remuneration establishes the actual remuneration of public servants with respect to the responsibility of the post, work done, quality and quantity of work, the social importance of the work, the concrete conditions of work, and results obtained as well as the aforementioned criteria. Noting this information, the Committee recalls that particular care must be taken to ensure that the method and the criteria used are free from gender bias: it is important to ensure that the selection of criteria for comparison and their weighting and the actual comparison carried out are not discriminatory, either directly or indirectly, and do not undervalue or overlook skills considered to be “female”, such as those required in the caring professions, in comparison with skills traditionally considered to be “male”, such as technical skills (see General Survey on the fundamental Conventions, 2012, paragraph 701). The Committee asks the Government to ensure that the methods and criteria used and applied to determine remuneration in the public service are free from gender bias and do not result in undervaluing the jobs predominantly held by women in the public sector. The Committee also asks the Government to provide information on the access of male and female civil servants to additional benefits and to indicate how, and by which authority, complaints regarding discrimination in remuneration are addressed. Please provide data on the distribution of men and women in the various posts and occupations of the public sector and their corresponding levels of earnings.

Awareness raising and enforcement. The Committee notes the Government’s indication that labour inspections concerning equal opportunities and treatment between men and women are in general focused on prevention. While welcoming the statistics on the number of labour inspections carried out and sanctions applied, the Committee notes that the information provided does not relate specifically to unequal remuneration. The Committee asks the Government to provide information on training and awareness raising for labour inspectors, judges, workers, employers and their organizations regarding the principle of equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide information on any complaints regarding discrimination in remuneration dealt with by the courts and any cases detected by or reported to labour inspectors, including on their outcomes.