Gender pay gap rules in detail
There are no formal, regular gender pay gap reporting obligations in Romania, and under the principle of confidentiality that applies in employment relationships information on salary is generally protected from disclosure.
However, the principle of confidentiality does not protect salary information from disclosure to trade unions or employee representatives that represent the employee’s interests. In addition, where an employee has brought a claim before the administrative authorities or a court of law, information regarding remuneration levels and related data (e.g. salary grids, statistics regarding salaries of employees in similar positions) may become subject to disclosure as pieces of evidence necessary for the analysis of the employer’s compliance with equal pay principles (although data privacy requirements must be observed). Such information must also be disclosed in the context of inspections by the labour authorities.
Moreover, if an employee makes an internal complaint regarding gender pay equality, the employer must immediately inform the public authorities responsible in this field; this process should also be covered in the employer’s internal policy on addressing such complaints.
Author: Nestor Nestor Diculescu Kingston Petersen
Date: July 2020