Extent of Protection
The Romanian Constitution, the Labour Code and the law that establishes the salary for employees and public servants working for public institutions and authorities, all recognise the right to pay equity as a fundamental principle. However, employers are not required at this time to disclose information to specialised authorities, report salary levels for the purpose of verification of pay equity, or take any positive action to ensure equality in compensation or benefits. This might change as Romania will implement the EU Directive on pay transparency.
Remedies
An employee challenging equal pay practices can petition the NCCD, which can take administrative measures in order to eliminate the discriminatory practices, or he/she may bring the claim before the local courts directly.
Enforcement/Litigation
Litigation regarding equal pay in Romania is uncommon for the private sector. In the public sector, there are claims regarding the remuneration system set by law that can result in different payment between individuals performing similar work. However, in ruling on these cases, the discrimination aspect is only one part of the issue. By Ordinance in 2023 it was admitted by the Government that there are inequalities in a specific sector of public services and they were eliminated as an effect of Government Ordinance No. 80/2023.
Other Requirements
Employers have limited obligations regarding reporting some statistic information on the payment level that might include distribution of remuneration based on gender and age. However, the information they need to provide is very general. All salaries are reported in the electronic registry, but this information is not used in order to determine payment disparities and is not disclosed publicly. Unions or employees’ representatives can also request information regarding the remuneration level of categories of employees in order to assist members in exercising their rights regarding non-discrimination. Employees that claim discrimination regarding their remuneration level can also request for information regarding the level granted to similar employees. As mentioned, this might change as Romania will implement the EU Directive on the pay transparency.
There are no mandatory pay analyses and since at this time, the salary continues to be confidential under Romanian law, public disclosure of the remuneration level is not possible. Only general information for statistical purposes can be provided to the public.
