Equal pay and equal treatment at work (Article 157 of the Treaty on the Functioning of the European Union (TFEU) and Recast Directive 2006/54)

• Author: Iustina Ionescu
• Pages: 25-30

25

4 Equal pay and equal treatment at work (Article 157 of the Treaty on the

Functioning of the European Union (TFEU) and Recast D irective 2006/54)

4.1 General (legal) context

4.1.1 Surveys on the gender pay gap and the difficulties of realising equal pay

No surveys and/or reports have been published in Roman ia over the last five years which

provide insights into specific factors tha t explain the gender pay gap in Romania and/or

difficulties that hamper the realisation of equal pay for women and men .

4.1.2 Surveys on the difficulties of realising equal treatment at work

No surveys and/or reports have been published in Roman ia over the last five years which

provide insights into specific factors that prevent the realisation of equal treatment at

work.

4.1.3 Other issues

The institutions mandated to address equal pay an d the institutions whi ch have the tools

to research the issue do not work on equal pay, which leaves the issue unaddressed in

Romania. There is no legal obligation for employers to report on (equal) pay. How ever,

information about the content of each individual working contract, including the individual

wage, is registered in the General Registry of Employees (Registrul General de Eviden al

Salariailor (REVISAL)). This registry is handled by the Labour Inspectorate which can

generate statistical data about various aspects related to working contracts , including

wages, etc. The Labour Inspectorate informed the author that it does not collect statistical

data on equal pa y between women an d men.103 Moreover, the National Agency for Equal

Opportunities for Women and Men (Agenia Naional pentru Egalitate d e Şanse între

Femei şi B rbai (ANES)) which has the mandate to promote equal opportunities for

women and men inf ormed the author of this report that it does not wo rk with such data,

despite the fact that the National strategy on equal opportunities for women and men

(2014-2017), for which this institution is responsible, has several objectives in the field of

equal pay between women and men.104

4.1.4 Political and societal debate and pending legislative proposals

There has been no polit ical and/or societal debate and there are no pending legislative

proposals on the principles of equal pay and equal treatment at work .

4.2 Equal pay

4.2.1 Implementation in national law

The principl e of equal pay for equal work or for work of equal value is imp lemented in

national legislation. The R omanian Constitution lays down the principle of equal pay but

only in a limited fashion. It does not cover work of equal value, only equal work, and it

only applies to salaries, n ot to other types of remuneration or benefits for work. 105 There

is no case law from the Constitutional Court explaining how these limitations should be

interpreted.

Despite the Constitutional provisions, Article 6(3) of the Labour Cod e fully transposes the

principle o f equal pay. It applies to equal work and wo rk of equal value and to ‘all the

103 Labour Inspectorate (Inspecia Muncii), Response No. 95i/15290/22.09.2016.

104 ANES, Response No. 4221/AMG/SS/30.09.2016.

105 Constitution, Article 41(4).