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

• Author: Iustina Ionescu
• Pages: 42-43

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

8 of Directive 2006/54/EC

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

2006/54/EC.