Occupational social security schemes (Chapter 2 of Directive 2006/54)

AuthorIustina Ionescu
Pages42-43
42
6 Occupational social security schemes (Chapter 2 of Directiv e 2006/54)
6.1 General (legal) context
6.1.1 Surveys and reports on the practical difficulties linked to occupational and/or
statutory social security issues
No surveys and/or reports have been published in Roman ia over the last five years which
provide insights into the difficulties workers face in p ractice in relation to social security
issues, both occupational and/or statutory.
6.1.2 Other issues related to gender equality and social security
There are no other issues related to gender equality and social security to repo rt.
6.1.3 Political and societal debate and pending legislativ e proposals
There has been no political and societal debate or pending legislative proposals related to
gender equality and social security.
6.2 Direct and indirect discrimination
There is no explicit le gal provision prohibiting direct and indirect discrimi nation in
occupational social security scheme s in Romania, only implicit provisions. Article 6(5) of
Law 411/2004 concerni ng pension funds managed by private entities establishes that all
beneficiaries should be treated without discrimination. Mo reover, Articles 2(1), 6( 1) and
7(g) of the Gender Equality Law forbid direct and indirect sex discrimination in all areas of
public life, including non-discriminatory access to occupational and social security
schemes. Together these legal provisions lead to the conclusion that direct a nd indirect
discrimination are prohibited in occupational social security schemes.
6.3 Personal scope
The personal scope of nati onal law relating to occupational social security schemes is the
same as specified in Article 6 of Directiv e 2006/54 /EC. There is n o relevant case law in
the field.
6.4 Material scope
The material scope of national law relating to occupational social security schemes is th e
same as specified in Article 7 of Directiv e 2006/54 /EC. There is n o relevant case law in
the field.
6.5 Exclusions
The national law did not apply the exclusions from the material scope as specified in Article
6.6 Laws and case law falling und er the examples of sex discrimin ation
mentioned in Article 9 of Directive 2006/54
The author is not aware of any law or case law in the field of occupational social security
schemes falling under the examples of sex discrimination mentioned in Article 9 Directive

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