Statutory schemes of social security (Directive 79/7)

• Author: Iustina Ionescu
• Pages: 44-45

44

7Statutory schemes of social security (Directive 79/7)

7.1General (legal) context

7.1.1Surveys 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 Romania over the last five years which

provide insights into the difficulties workers face in practice in relation to social security

schemes in general.

7.1.2Other relevant issues

There are no other issues to report on.

7.1.3Overview of national acts

The social security system in Romania does not make a distinction between occupational

and statutory social security schemes. Since the beginning of 2008, the pension system

in Romania has consistedof 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 the employee. The second pillar is a mandatory

and fully-funded pension fund with defined contributions which are allotted to individual

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 pension schemes. Law 76/2002 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.

7.1.4Political and societal debate and pending legislative proposals

There has been nopolitical and/or societal debate nor any pending legislative proposals

on this topic.

7.2Implementation 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 opportunities.

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.