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 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.
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.
There has not been any significant litigation or enforcement measures concerning equal pay practices related to gender, in Romania. However, there were a number of cases of civil servants claiming that they were paid differently than their counterparts working either in other geographical areas, or in other divisions of the same institution or authority.
Employers are not required to take any mandatory positive actions under pay discrimination, gender equality or equal pay laws. According to data collected by Eurostat, Romania has the lowest gender pay gap in the EU, with women under the age of 25 earning more than men.