EU Pay Transparency Directive in Romania: transposition status and what employers must do
Last updated: 2026-07-10 · ~10 min read
Directive (EU) 2023/970 must be transposed into national law by 7 June 2026. Romania has not yet enacted a dedicated transposition act — but existing rules in the Codul Muncii and Law 202/2002 already carry equal-pay obligations, and the Directive's substance is the destination every employer operating in Romania has to reach. This guide sets out where Romania stands, what is already binding, and what to prepare now.
The Romanian picture in five lines
- Transposition status: not yet transposed. The EU deadline (7 June 2026) applies; a dedicated Romanian act is expected but not in force at the time of writing.
- Already binding today: the equal-pay principle under the Codul Muncii (Legea 53/2003, art. 6 and art. 159) and Law 202/2002 on equal opportunities and equal treatment between women and men.
- Pay-secrecy clauses are already unenforceable in practice under Romanian anti- discrimination and equal-pay rules, and will be formally banned once Article 7(5) of the Directive is transposed — regardless of company size.
- Pay-gap reporting (Article 9) will apply from 100 employees, phased by size: ≥250 first report by 7 June 2027 (annual); 150–249 by 7 June 2027 (every 3 years); 100–149 by 7 June 2031 (every 3 years).
- Under 100 employees: no Article 9 reporting duty, but Articles 5, 6, 7, 7(5) and the burden-of-proof shift in Article 18 still apply. Gender- disaggregated pay data is operationally required to answer worker requests under Article 7.
What is already in force in Romanian law
Codul Muncii (Legea nr. 53/2003)
Article 6 sets the principle of equal treatment for all employees. Article 159 (3) states expressly that, for equal work or work of equal value, discrimination based on sex in setting or paying wages is prohibited. This is Romania's baseline equal- pay rule and it applies to every employer with at least one employee, immediately, without a size threshold.
Legea nr. 202/2002
The equal opportunities and equal treatment between women and men law reinforces equal pay for equal work or work of equal value, prohibits direct and indirect discrimination, and designates ANES and CNCD as the competent bodies. It is the natural anchor for the Directive's future implementing rules and already provides an enforcement route today.
OG nr. 137/2000 (anti-discrimination)
Ordinance 137/2000, republished, criminalises discriminatory practices in employment and remuneration and gives CNCD the power to sanction. Pay-secrecy clauses that prevent a worker from raising a discrimination complaint are already vulnerable under this framework.
What is not yet in force
The specific transparency obligations of Directive (EU) 2023/970 — Article 5 (pay transparency before employment), Article 6 (transparency of pay setting and progression), Article 7 (right to information), Article 9 (pay-gap reporting) and Article 10 (joint pay assessment) — are not yet directly binding in Romania. Final thresholds, timelines, and sanctions will be set by the national transposition act.
What Romanian employers must be ready for by 7 June 2026
Article 5 — Pay transparency before employment
Applicants must be told the initial pay or its range (based on objective, gender-neutral criteria) — in the vacancy notice, before the interview, or otherwise. Employers must not ask applicants about their pay history. Job titles and vacancy notices must be gender-neutral. Applies to all employers, no size exemption.
Article 6 — Transparency of pay setting and pay progression
The criteria used to set pay, pay levels and pay progression must be easily accessible to workers and objective and gender- neutral. Member States may exempt employers with fewer than 50 workers from the pay-progression part; Romania's transposition act will decide whether to use that carve-out. The pay-setting criteria obligation itself applies to all employers.
Article 7 — Right to information
Workers may request, in writing, information on their individual pay level and the average pay levels — broken down by sex — for categories of workers doing the same work or work of equal value. Employers must reply within two months and inform all workers annually of this right. Applies to every employer, regardless of size. This is the operational reason smaller Romanian companies still need to hold gender-disaggregated pay data even though they are out of Article 9.
Article 7(5) — Ban on pay-secrecy clauses
Workers cannot be prevented from disclosing their own pay for the purpose of enforcing equal pay. This provision applies to every employer, regardless of size. Any pay-confidentiality clause in a Romanian employment contract will need to be reviewed and, in most cases, removed or narrowed.
Article 9 — Pay-gap reporting
Only employers with 100 or more workers are in scope. Phasing: ≥250 workers report annually from 7 June 2027; 150–249 report every three years from 7 June 2027; 100–149 report every three years from 7 June 2031. Romanian employers with fewer than 100 workers are out of scope for Article 9 reporting — their obligations sit under Articles 5, 6, 7 and 7(5) instead.
Article 10 — Joint pay assessment
Triggered where Article 9 reporting reveals an unexplained gap of at least 5% in any category of workers that is not remedied within six months. Because it depends on Article 9, it does not apply to sub-100 employers.
Article 18 — Shift of the burden of proof
Where a worker establishes facts from which pay discrimination may be presumed, it is for the employer to prove there was no discrimination. Failure to comply with the transparency obligations of Articles 5, 6, 7, 9 and 10 shifts that burden onto the employer. This is why the foundational obligations matter even for small companies — they are the evidence base that neutralises litigation exposure.
Where every EU member state stands on transposition
Romania sits inside a wider European picture — most member states are running late against the 7 June 2026 deadline. This is the snapshot Prism ClearPay tracks; Romania is highlighted for context.
- Current status
- Draft bill
- Transposition approach
- Total / Gold-plating
- Expected entry into force
- June 7, 2026
- Current status
- Draft bill
- Transposition approach
- Total / No gold-plating
- Expected entry into force
- January 1, 2027
- Current status
- Draft bill
- Transposition approach
- Total / Gold-plating light
- Expected entry into force
- January 1, 2027
- Current status
- Revised draft bill
- Transposition approach
- Total / Gold-plating
- Expected entry into force
- TBC (after June 2026)
- Current status
- Commission report, no draft bill yet
- Transposition approach
- Partial / No gold-plating
- Expected entry into force
- TBC (January or June 2027)
- Current status
- Draft bill
- Transposition approach
- Total / No gold-plating
- Expected entry into force
- TBC (after June 2026)
- Current status
- Draft bill
- Transposition approach
- Partial / Minimal
- Expected entry into force
- TBC (after June 2026)
- Current status
- In force
- Transposition approach
- Total / No gold-plating
- Expected entry into force
- June 2026
- Current status
- Draft bill
- Transposition approach
- Total / Gold-plating light
- Expected entry into force
- TBC (after June 2026)
- Current status
- In force
- Transposition approach
- Partial / Gold-plating light
- Expected entry into force
- June 7, 2026 (partial)
- Current status
- In force
- Transposition approach
- Total / Gold-plating light
- Expected entry into force
- June 7, 2026
- Current status
- Draft bill
- Transposition approach
- Total / Gold-plating
- Expected entry into force
- January 1, 2027
- Current status
- Law/Draft bill
- Transposition approach
- Partial / Gold-plating light
- Expected entry into force
- After June 6, 2027
- Current status
- Draft bill
- Transposition approach
- Total / Gold-plating
- Expected entry into force
- TBC (targeting June 2026)
- Current status
- In force
- Transposition approach
- Total / No gold-plating
- Expected entry into force
- June 2026
- Current status
- Public consultation
- Transposition approach
- TBC
- Expected entry into force
- TBC
- Current status
- Draft bill
- Transposition approach
- Suspended
- Expected entry into force
- Suspended
Sources: national transposition trackers, official government publications, Prism ClearPay research. Status snapshot — verify local timing with a qualified adviser.
Take the ClearPay Assessment — a structured diagnostic calibrated against every requirement of Directive (EU) 2023/970, with a Romania-specific overlay.
What to do in the next 12 months
- Map your workforce by category of workers doing equal work or work of equal value. This is the unit of measurement for Articles 7, 9 and 10 and it is not the same as a job title.
- Hold gender-disaggregated pay data by category — base pay and variable components — so you can answer an Article 7 request within two months.
- Review employment contract templates and remove pay-confidentiality clauses; refresh recruitment practices to publish salary ranges and to stop asking about pay history.
- Document objective, gender-neutral pay-setting criteria and make them accessible to workers — this is the Article 6 baseline that applies regardless of size exemptions.
- Run a diagnostic gap analysis now, before the transposition act crystallises the sanctions regime. Fixing unjustified gaps is faster and cheaper than defending them under Article 18.
- Track the transposition bill. Romania is expected to legislate before the 7 June 2026 deadline; the final act will confirm thresholds, sanctions, and any national additions beyond the EU baseline.
See where your company stands
MERAKI HR runs a structured diagnostic that maps your company against the Directive and against Romania's current equal-pay rules. You get a written report with the specific articles that apply to your headcount, the gaps to close first, and a Romania-specific transposition note.
This guide is general information about Romanian and EU law and not legal advice. Confirm the current transposition status and any employer-specific obligations with a qualified adviser before acting. Sources: Directive (EU) 2023/970; Codul Muncii (Legea 53/2003); Legea 202/2002; OG 137/2000.