Rules on equal treatment

Equal opportunities and equal treatment of women and men mean taking into account the different abilities, needs and aspirations of men and women, as well as treating them equally.

Discrimination based on sex means direct and indirect discrimination, harassment and sexual harassment of a person by another person in the workplace or in another place where that person carries out their activity, as well as any less favourable treatment based on that person's rejection of or submission to such conduct.

Equal opportunities and equal treatment of women and men in labour relations are defined as non-discriminatory access to:

• freedom to choose or pursue a profession or activity;
• employment in any position or job vacancy and at all levels of the professional hierarchy;
• equal income for work of equal value;
• professional information and counselling, induction, qualifications;
• upskilling, specialisation and reskilling programmes, including apprenticeships;
• promotion at any hierarchical and professional level;
• employment and working conditions that comply with occupational health and safety regulations, including conditions for dismissal;
• non-wage benefits, and public and private social security systems;
• employers' organisations, trade unions and professional bodies, together with the benefits granted by them;
• social benefits and services provided in compliance with the legislation in force.

Employees are entitled:

• to bring claims before or complaints against the employer, if the employer is directly involved;
• to request support from the trade union organisation or staff representatives of the unit in order to resolve the situation at the workplace;
• to refer to the competent institution if the claim or complaint has not been resolved by the employer through mediation and to file a legal action, no later than 1 year from the date on which the act was committed.

The authorities to whom you may refer if you consider that you have been discriminated against on grounds of sex, for discriminatory acts at work, are:

• the Labour Inspectorate [Inspecţia Muncii], through the regional labour inspectorates;
• the National Agency for Equal Opportunities;
• the courts;
• trade unions or non-governmental organisations concerned with human rights protection, as well as other legal persons with a legitimate interest in observance of the principle of equal opportunities and equal treatment of women and men.

The legislative framework in Romania guarantees equal opportunities and equal treatment of women and men and includes both constitutional and special rules capable of ensuring the promotion of the gender perspective through specific measures and for enabling their actual application and monitoring at the level of all employers.

Law No 202/2002 on equal opportunities and equal treatment of women and men, as subsequently amended and supplemented, is the framework law regulating the measures for promoting equal opportunities and equal treatment of women and men with a view to removing all forms of discrimination on grounds of sex, in all spheres of public life in Romania, and the measures on labour market, on participation in decision-making, education, culture and information, and on removal of gender roles and stereotypes.

The rules for combating workplace discrimination, for equal pay for men and women and for equal pay for employees engaged under fixed-term/permanent contracts are fully provided for in Law No 202/2002 on equal opportunities and equal treatment of women and men, as subsequently amended and supplemented.

The main legal acts in the national legislation relating to equal opportunities are available here.