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Labour Code, 24/1/2003 - Romania Codul Muncii, MO No. 72, 5/2/2003 Relevant provisions may be summarised as follows:a. Article 5(1 provides that the principle of equal treatment applies to all employers and employees within the framework of work relations. Any direct or indirect discrimination based on an employee’s gender is forbidden (Art 5(2).). Direct gender discrimination is defined by Article 5(3) as any exclusion, difference, restriction or preference based on one’s gender, having for object or effect the refusal, restriction or exclusion of the recognition or exercise of the rights granted by the Labour legislation. Indirect gender discrimination is defined by Article 5(4) as any distinction apparently not based on gender, but having the same effect than a direct discrimination. b. Article 6 proclaims that all employees enjoy the right to an equal pay for an equal work and article 39 sets out the right to equal opportunity and to equal treatment. Article 154(3) prohibits any discrimination in wages’ determination or payment. Article 258 states that companies’ regulations shall provide for the respect of the non-discrimination principle. c. Article 60(1) prohibits dismissals during pregnancy, maternity leave, leave granted for the child’s education until he is 2 years old (3 years old for handicapped children), or leave granted for taking care of sick children until they are 7 years old (18 years old for handicapped children affected by a permanent disease). d. Article 125 (2) states that pregnant women, women having recently given birth or breast-feeding women cannot be compelled to perform night work. Article 153 adopts the provisions of ILO Convention No.89/1948, forbidding night work for women in industrial enterprises, with some exceptions. (women in managerial positions or working in jobs of a technical character, in sanitary and social assistance services, etc.) e. Article 152 provides that “pregnant and breastfeeding women cannot work in workplaces with harmful, hard or dangerous conditions, or in conditions that are forbidden by a medical doctor” and “they will be transferred to other workplaces, without any decrease in their pay”. f. Article 233 provides that the members of employer’s association’s
direction organs are protected by law against any form of discrimination in
the exercise of their functions. |
