Statutory schemes of social security (Directive 79/7)

AuthorIustina Ionescu
7 Statutory schemes of social security (Directive 79/7)
7.1 General (legal) context
7.1.1 Surveys and reports on the practical difficulties linked to statutory schemes of social
security (Directive 79/7)
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 practice in relation to social security
schemes in general.
7.1.2 Other relevant issues
There are no other issues to report on.
7.1.3 Overview of national acts
The social security s ystem in Romania do es not make a distinction between occupati onal
and statutory social security schemes. Since the beginning of 2008, th e pension system
in Romania has consisted of three pillars. The first pillar is the universal social security
fund, a ‘pay as you go’ type, which is mandatory for people in an employment relationship
and for self-employed people. It uses the majority of the contributions to the social
insurance fund paid by the employer and t he employee. The second pillar is a mandatory
and fully-funded pension fund with defined con tributions which are allotted to i ndividual
accounts run by licensed pension insurance companies. The third pillar includes
supplementary pension schemes to which people contribute on a voluntary basis.
Law No. 263/2010 regarding the unified public pensions system regulates the social
security system. Law No. 411/2004 concerning pension funds managed by private entities
regulates voluntary supplementary p ension schemes. Law 76/20 02 on the social security
system for unemployment and stimulating employment stipulates that the measures taken
in the field should promote equal opportunities on the labour market.
7.1.4 Political and societal debate and pending legislative proposal s
There has been no political and/or societal debate nor any pending legislative proposals
on this topic.
7.2 Implementation of the principle of equal treatment for men and women in
matters of social security
Article 2(d) of Law No.263/2010 on the social security system,161 together with the general
prohibition of all forms of discrimination in all areas of the life of society, according to
Articles 2(1), 6(1) and 7(g) of the Gender Equality Law, lead to the conclusion that direct
and indirect discrimination are prohibited in occupational social security schemes. Article
2(d) of Law 263/2010 stipulates the principle of equality as being at the basis of the social
security system: non-discrimination is guaranteed to all participants in the social security
system, in relation to people who are in the same legal situation with regard to their rights
and obligations prescribed by law.
Moreover, Article 3(d) of Law 76/2002 on the social system for unemployment and
stimulating employment stipulates the principle of equal opportunit ies.
161 Law No.263/2010 on the social security system (Legea 263/2010 privind sistemul unitar de pensii publice),
published in Official Journal No.852 of 20.12.2010.

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