Draft Law on Pay Transparency and on Strengthening the Application of the Principle of Equal Pay for Equal Work or Work of Equal Value Between Women and Men
On 30 March 2026, the Ministry of Labor, Family, Youth and Social Solidarity published for public consultation a draft law on salary transparency and on strengthening the application of the principle of equal pay for equal work or work of equal value between men and women, which also amends and supplements certain legal enactments (hereinafter the “Draft Law“).
The Draft Law aims to transpose Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (the “Directive”). The Directive has to be transposed into national law by 7 June 2026.
The key elements of the Draft Law, including the primary compliance requirements for employers, are summarized below:
Scope of the Draft Law
The Draft Law applies to all employers in the public and private sectors and to all workers, including civil servants, military personnel, as well as to other categories of personnel whose status is regulated by special laws. Pay transparency measures also apply to job applicants.
Under the Draft Law, pay is defined as any gross remuneration, including base salary, allowances, bonuses, other additional payments, as well as any other constituent elements, whether complementary or variable, of gross salary income that the employee receives, directly or indirectly, in consideration for the work performed.
Salary Transparency in the Recruitment Process
Employers must provide job applicants with information regarding:
a) the initial level of pay or the corresponding range, set out based on objective, gender-neutral criteria, to be attributed for the position in question;
b) the relevant clauses of the applicable collective labor agreement at the employer level, where applicable.
Such information must be included in the job vacancy notice published on the employer’s website or in any publicly accessible space or communicated in writing to the candidate before the job interview. Employers are prohibited from requesting candidates’ pay history during their current or previous employment relationships. Job titles and vacancy notices must be gender-neutral, and recruitment must be conducted in a non-discriminatory manner.
Transparency of Pay Policies
Employers must make available to workers the criteria used for determining pay, pay levels, and pay progression methods, if any.
The obligation regarding pay progression criteria does not apply to employers with fewer than 50 workers.
Workers’ Right to Information
Workers may request and receive, in writing, information regarding their individual pay level and average pay levels broken down by sex, for categories of workers performing the same work as them or work of equal value to theirs. Employers must respond within 30 working days.
Workers may also request such information through the National Council for Combating Discrimination.
Employers shall inform all workers, on an annual basis, by the end of the first quarter of their right to receive the information referred to above and of the steps that the worker is to undertake to exercise that right.
Reporting on Pay Gaps between Female and Male Workers
Employers with at least 100 workers must collect, provide and periodically report information on pay differences between female and male workers, including at least:
a) the gender pay gap;
b) the gender pay gap in complementary or variable components;
c) the median gender pay gap;
d) the median gender pay gap in complementary or variable components;
e) the proportion of female and male workers receiving complementary or variable components;
f) the proportion of female and male workers in each quartile pay band;
g) the gender pay gap by category of workers, broken down by base salary and complementary or variable components.
Reports must be submitted to the National Agency for Equality of Opportunities between Women and Men as follows:
a) employers with at least 250 workers: by 7 June 2027 for the preceding calendar year and every year thereafter by 7 June;
b) employers with 150–249 workers: by 7 June 2027 for the preceding calendar year and every three years thereafter by 7 June;
c) employers with 100–149 workers: by 7 June 2031 for the preceding calendar year and every three years thereafter by 7 June.
Employers with fewer than 100 workers may report such information voluntarily.
Workers, workers’ representatives, Territorial Labor Inspectorates, and the National Council for Combating Discrimination may request clarifications and additional details from employers regarding any data provided, including explanations concerning any pay gap between women and men.
Where pay differences are not justified based on objective, gender-neutral criteria, employers must remedy the situation within 90 working days, in cooperation with workers’ representatives and the competent authorities.
Joint Pay Assessment
If reporting reveals an average pay gap between female and male workers of at least 5% in any category of workers, and the employer has neither justified the difference based on objective, gender neutral criteria nor remedied it within six months, a joint pay assessment must be conducted with workers’ representatives.
Social Dialogue
To prevent and combat sex-based discrimination in employment, parties negotiating collective labor agreements at national, sectoral, group, or unit level must include clauses prohibiting discrimination and establishing procedures for handling related complaints.
Legal Remedies and Enforcement
Workers who believe they have been discriminated against in terms of pay may: address the employer or competent institution; resort to conciliation; or bring a claim before the competent court. Remedies include material and/or moral damages or full compensation, and/or elimination of the consequences of the discriminatory actions. These procedures may be accessed by the workers for 12 months after the termination of the employment relationship.
Court claims are exempt from stamp duty. Claims may also be filed after the employment relationship ends, subject to the general statute of limitation period.
Sanctions
The following constitute misdemeanors, sanctioned by Territorial Labor Inspectorates with fines ranging from RON 10,000 to RON 20,000 (approximately EUR 2,000-4,000):
a) failure to comply with the obligation to inform candidates;
b) asking questions about pay history;
c) failure to ensure access to pay criteria;
d) refusal to provide information requested by workers;
e) non-compliance with reporting obligations;
f) failure to carry out the joint pay assessment.
Repeated violations are aggravating circumstances and are sanctioned with fines ranging from RON 20,000 to RON 30,000 (approximately EUR 4,000-6,000).
Amendments to the Labor Code
The Draft Law introduces several amendments to Law 53/2003 – the Labor Code:
a) a prohibition on clauses in individual labor agreements that forbid or limit employees’ ability to disclose information about their pay;
b) a new right for employees to request and receive, in writing, information on average pay levels, broken down by sex, for categories of employees performing the same work or work of equal value;
c) an obligation for employers to respond in writing within 30 working days to such requests;
d) an obligation for employers to make available to employees information on the criteria used for determining base salary, pay levels, and pay progression, in an easily accessible manner.
Amendments to Law 202/2002 and GO 137/2000
The Draft Law also amends Law 202/2002 on equal opportunities and treatment between women and men (“Law 202/2002”) appointing the National Agency for Equality of Opportunities between Women and Men as the monitoring body for equal pay.
Amendments to Government Ordinance 137/2000 on preventing and sanctioning all forms of discrimination (“GO 137/2000”) include provisions on initial specialized assistance to victims of discrimination, preliminary examination of complaints, and allowing the National Council for Combating Discrimination to initiate court actions in duly justified cases to eliminate discriminatory situations.
