The Ministry of Labor published on March 30, 2026, the draft law transposing Directive (EU) 2023/970 on pay transparency, with public consultation between March 30 and April 8, 2026. The European transposition deadline for all member states was June 7, 2026.
Even if the law is not yet adopted, the content of the draft is worth reading in advance — because the obligations it prepares cannot be implemented in two weeks.
Employees' Right to Information About Remuneration
This is the centerpiece. Workers will be able to request and receive in writing, personally or through representatives, information regarding:
- their individual level of remuneration;
- average remuneration levels, broken down by gender, for categories of workers performing the same work or work of equal value.
The Directive provides a maximum of two months for a response. The Romanian draft shortens it to a maximum of 30 business days — so employers will need internal procedures prepared in advance, not improvised at the first request.
Additionally, the project obliges employers to inform workers annually about the existence of this right and the procedure to be followed. And if the information received is inaccurate or incomplete, the employee can request clarifications, to which the employer responds with reasons within a maximum of 30 business days.
Reporting Pay Gaps
The obligation targets employers with at least 100 workers. These will periodically transmit a series of indicators to the authorities:
- the gender pay gap;
- the median pay gap;
- the proportion of female and male workers in each quartile pay band;
- other data allowing for an analysis of how the principle of equal pay is applied.
Information regarding the pay gap by worker categories is provided to all employees and their representatives. The Inspectoratul Teritorial de Muncă (Territorial Labor Inspectorate) and the Consiliul Național pentru Combaterea Discriminării (National Council for Combating Discrimination) can request them, including for the last four years, if the data is available.
If the reporting reveals gaps that are not justified by objective, gender-neutral criteria, the employer must remedy them. The draft sets a deadline of up to 90 business days, extendable in duly justified situations, but not more than 6 months.
The 5% Threshold and Joint Assessment
If the reporting shows an average pay gap between women and men of at least 5% in any category of workers, and the employer has not objectively justified it and has not remedied it within 6 months of submitting the report, the obligation for a joint pay assessment arises, in consultation with worker representatives.
The goal is to identify, remedy, and prevent unjustified gaps. The resulting measures must be implemented within 6 months, with the possible involvement of the Labor Inspection and the National Council for Combating Discrimination.
Defense of Rights and Sanctions
- Employees who consider themselves victims of pay discrimination have access to conciliation and judicial procedures, including after the termination of the employment relationship — but, in the draft version, only for 12 months following termination.
- The reversal of the burden of proof and protection against retaliation for those who file complaints or support victims of pay discrimination are maintained.
- The project establishes fines between 10,000 and 30,000 EUR, with aggravating circumstances for repeatability and intersectional discrimination.
A notable difference from the directive: the latter allows for the exclusion of economic operators from public procurement for non-compliance with transparency and pay equality rules. The Romanian draft does not include, in its current form, such a provision — although it is not excluded that it may appear later, through the amendment of procurement legislation.
What to Do Now, Even if You Have Under 100 Employees
The reporting obligation targets employers with 100 or more workers. But the employees' right to information regarding remuneration and the principle of equal pay have no threshold — they apply to any company.
- Review job evaluation and classification criteria. To be able to justify a salary difference, you need written objective criteria, not improvised explanations.
- Structure salary data. If today you cannot quickly calculate the average remuneration per category and by gender, you will not be able to respond within 30 business days.
- Adapt the recruitment process. Communicating remuneration levels becomes part of the announcement, not a subject of hidden negotiation.
- Prepare the internal procedure for responding to requests — who receives the request, who calculates, who signs.
- Check where you stand. An internal analysis of gaps by category tells you if you are above the 5% threshold before an authority tells you.
Obligation or Opportunity
Compliance means real administrative work. But it also has a flip side: companies that put their salary grids in order end up communicating more clearly in recruitment, reducing arbitrary negotiations, and losing fewer people due to perceptions of inequity. In a tight labor market, this matters.
Article prepared on March 30, 2026, based on the draft law published by the Ministry of Labor for the transposition of Directive (EU) 2023/970. The final text adopted may differ from the version submitted for public consultation.