Romania is currently moving to transpose the EU Pay Transparency Directive into national law. With a compliance deadline of June 7, 2026, the draft legislation introduces rigorous obligations that will fundamentally alter recruitment, compensation structures, and corporate reporting.
For leadership teams, this represents more than a regulatory hurdle—it is a total shift toward „radical transparency” that requires proactive structural adjustment.
The Core Shift: From Discretion to Disclosure
The draft law eliminates the traditional „black box” approach to compensation. Whether you are a small enterprise or a multinational, the following requirements will apply to all employers:
- Pre-Employment Disclosure: Employers must state starting salary levels or ranges in job advertisements or prior to interviews. Notably, you may no longer ask candidates about their salary history.
- The Right to Average Pay Data: Employees now have a legal right to request and receive information on the average pay levels of colleagues performing the same work, categorized by gender.
- Ban on Pay Secrecy: Contractual clauses prohibiting employees from discussing their salaries are effectively neutralized.
- Objective Criteria: Pay must be based on gender-neutral, objective factors such as skills, effort, responsibility, and working conditions.
Reporting Thresholds and Deadlines
While transparency rights apply to all, formal reporting to the National Agency for Equal Opportunities (ANES) follows a tiered implementation:
| Organization Size | First Reporting Deadline | Frequency |
| 250+ Employees | June 7, 2027 | Annually |
| 150–249 Employees | June 7, 2027 | Every 3 years |
| 100–149 Employees | June 7, 2031 | Every 3 years |
| < 100 Employees | Voluntary | Voluntary |
The „5% Trigger”: Mandatory Remediation
The most significant risk factor for employers is the 5% unjustified pay gap threshold. If reporting reveals a gap of 5% or more in any category that cannot be justified by objective, gender-neutral factors, the law mandates:
- A Joint Pay Assessment in collaboration with employee representatives.
- A formal Remediation Plan to close the gap, typically within 90 days.
Failure to address these disparities early could lead to significant legal exposure, collective grievances, and reputational damage.
Small Business Exemption
There is a slight relief for smaller firms: Employers with fewer than 50 employees are exempt from the requirement to officially disclose their internal pay progression criteria.
Action Plan for Employers
To ensure compliance, companies should begin internal audits now:
- Review Pay Structures: Are your job classifications based on gender-neutral criteria?
- Audit the Gap: Identify any unjustified disparities before they become a reporting liability.
- Update Recruitment: Train HR teams to stop asking for salary history and start publishing ranges.
- Prepare Governance: Establish a system to handle employee requests for pay data within the 30-day window.
