Equal work or equal in value, equal payment
muncã egalã sau de valoare egalã, platã egalã

Summary/Abstract: Through the monitoring reports of Romania by the Commission of European Community, Romania was imposed, among others, the obligation to ensure the equal treatment between women and men, by setting in concordance the internal directions to those contained by the Council Direction 75/117/CEE concerning the harmonization of the legislation of the member states regarding the implementation of the principle of equal remuneration for work of equal value. In this matter, the Romanian legislator modified the content of article 6 paragraph 221 from the Work Code and introduced a new paragraph 3 through the Governmental Emergency Decree no. 55/2006 that provides: “For equal work or equal in valor it is forbidden any discrimination based on sex criteria regarding all the elements and conditions of remuneration’ The principle of public order of equal work or equal in valor equal payment frames I the principle of work right concerning the equality of treatment for all the employees and employers (art.5 paragraph 1 from the Labour Code), being a component of this one, but equally a principle specific to the payment system, on establishing and according the salaries being forbidden, according to the article 154 paragraph 3 from the Labour Code, any discrimination. The insurance of equal treatment of the employees and employers does not mean uniformity, not taking into consideration the particularities, some specific concrete requirements. The legislator or the person required to apply the law- employee or employer, can take into account certain particularities that impose, necessarily and reasonably, differential treatments.

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