Implementation of the EU Pay Transparency Directive - The latest development in Romania

Why should I read this?

On 7 June 2026, the deadline for transposing the EU Pay Transparency Directive (the Directive) into national laws by EU Member States has lapsed.

As of the date of this update, Romania is one of the EU Member States yet to transpose the Directive.

“Useful clarifications are being proposed, but there are still nuances which remain unaddressed.”

Oana Paliță, Partner

The Romanian Ministry of Labor published, in March 2026, a draft law for public consultation (the “Draft Law”). The Draft Law largely mirrored the Directive and was received with mixed feedback, primarily on account of it not diving deep enough into the more problematic and nuanced aspects of the Directive.

As of late last week, the Parliamentary approval process of the law transposing the Directive has been formally initiated, with a slightly revised version of Draft Law (the “Revised Law”) being submitted as the basis for the Parliamentary process.

This update outlines the differences between the Revised Law and the Draft Law, and highlights the next steps.

What you need to know about the Revised Law?

On its substance, the Revised Law is almost identical to the Draft Law, with the following notable differences:

• Pre-hiring transparency. The Revised Law clarifies that the candidate must be informed, before the interview, not only with respect to the level or range of the base salary, but also with respect to any other constitutive or variable elements of pay, including in-kind benefits. The “add-ons” to the base salary must be indicated separately either in the job posting or in the separate written information sent to the candidate before the interview
• Employees’ Representative Bodies (ERBs) & their involvement: ERBs for the purpose of pay transparency information and consultation can be all employees’ representatives bodies who may customarily represent employees in the negotiation of the collective bargaining agreement. This includes not just representative trade unions and employees’ representatives, but also (in certain circumstances) non-representative unions, federations and confederations. The Revised Law specifies that ERBs are consulted or otherwise involved on pay transparency related matters if such bodies exist
• Limitation period for claims: Claims arising out of non-compliance with the pay transparency obligations may be filed within a term of 3 years after any breach occurs or the employee becomes aware of the breach. Claims may also be filed after the end of the employment agreement, in which case the deadline starts on the termination date
• Sanctions. Fines for non-compliance with the legal obligations (including not providing pay information to job applicants and asking questions about salary history, failing to provide access to workers of remuneration criteria, failing to provide information regarding individual pay levels and average pay levels requested by workers, and failing to comply with reporting and joint pay assessment obligations) are proposed to be determined as a multiplier (namely, up to 10x, for repeated offences) of the minimum gross national-level wage (currently at RON 4,050, but due to increase to RON 4,325 starting on 1 July 2026)

What is likely to happen next?

The Revised Law is currently submitted to the Senate, where it will go through the first phase of the Parliamentary approval procedure. After the Senate analyses the proposal, it will vote on it, following which the Revised Law (as potentially amended by the Senate) will be passed on to the second chamber of the Parliament, the Chamber of Deputies. As part of the legislative process, various committees within the Parliament will provide comments on the proposal, and can propose amendments. At the end of the process, the Revised Law (including any amendments proposed following the parliamentary process) will be subject to the final vote in the Chamber of Deputies.

In the current form, the Revised Law does not include a deferred implementation date. As the 7 June deadline has lapsed, it will be important to monitor and understand what solution the final version of the law will allow for any potential issues arising in this transitional period.

How we can help

Our extensive global footprint and our established equal pay practice means that we are well placed to support global employers in getting ready for pay transparency compliance, wherever they have a presence. Our lawyers are not only experts in the complexities of different laws, but also in the management of projects spanning jurisdictions and driving those projects to maximize the strategic aims and benefits.

With the added benefit of our internal tools that allow us to track and respond to ongoing developments, as well as our Diversidata product, our teams are ideally placed to help companies ensure legal compliance and transform their wider diversity and inclusion strategies.

You can track the latest developments on our Navigating Global Pay interactive site, as well as access to essential FAQs, timelines, a summary of the Directive, a glossary and briefings. Request access to our site here.

Look out for details of our pay transparency events, designed to support companies with their pay transparency readiness.