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Law No. 229 Of 6 October 2015 For The Modification And Completion Of The Law #. 202/2002 Relating To Equal Opportunities And Treatment For Women And Men

Original Language Title: LEGE nr. 229 din 6 octombrie 2015 pentru modificarea şi completarea Legii nr. 202/2002 privind egalitatea de şanse şi de tratament între femei şi bărbaţi

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LEGE no. 229 229 of 6 October 2015 to amend and supplement Law no. 202/2002 on equal opportunities and treatment between women and men
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 749 749 of 7 October 2015



The Romanian Parliament adopts this law + Article I Law no. 202/2002 on equal opportunities and treatment between women and men, republished in the Official Gazette of Romania, Part I, no. 326 of 5 June 2013, shall be amended and supplemented as follows: 1. In Article 1, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) The Romanian state, through the competent authorities, develops and implements policies and programs in order to achieve and guarantee equal opportunities and treatment between women and men and to eliminate all forms of discrimination on the basis of of sex. " 2. After Article 3 a new article is inserted, Article 3 ^ 1, with the following contents: "" Art. 3 3 ^ 1. -Equal opportunities and treatment between women and men shall be achieved in accordance with the following principles: a) the principle of legality, according to which the provisions of the Constitution and national legislation in the matter are respected, as well as the provisions of the agreements and other international legal documents to which b) the principle of respect for human dignity, according to which each person is guaranteed the free and full development of personality; c) the principle of cooperation and partnership, according to which central and local public administration authorities collaborate with civil society and non-governmental organizations to develop, implement, evaluate and monitor public policies and programmes on the elimination of all forms of discrimination on the basis of sex, as well as for the de facto achievement of equal opportunities and treatment between women and men; d) the principle of transparency, according to which the development, implementation, implementation and evaluation of policies and programs in the field are brought to the attention of e) the principle of transversality, according to which public policies and programs that defend and guarantee equal opportunities and treatment between women and men are achieved through the collaboration of institutions and authorities with attributions in the field all levels of public life. " 3. In Article 4, after letter d), three new letters are inserted, letters d ^ 1)-d ^ 3), with the following contents: " d ^ 1) through psychological harassment is understood any improper behavior that occurs in a period, is repetitive or systematic and involves physical behavior, oral or written language, gestures or other intentional acts and that could affect the personality, dignity or physical or psychological integrity of a person; d ^ 2) by sex we designate the whole biological and physiological traits by which women and men are defined; d ^ 3) by gender we designate the ensemble consisting of the roles, behaviors, traits and activities that the society considers suitable for women and men, respectively; " 4. In Article 4, after letter i) a new letter, letter i ^ 1) is inserted, with the following contents: " i ^ 1) by gender stereotypes it is understood the organized systems of consensual beliefs and opinions, perceptions and prejudices in relation to the duties and characteristics, and the roles that women have or should meet, and men; ' 5. In Article 4, after letter j) a new letter, letter k) is inserted, with the following contents: " k) through budgetary from a gender perspective, the analysis of the public budget is understood in order to identify the impact it has on the lives of women and men and to allocate financial resources to respect the principle of equal opportunities between women and men. " 6. in Article 10, after paragraph 8, a new paragraph (9) is inserted, with the following contents: " (9) Upon returning to work under the conditions provided in par. ((8), the employee/employee shall be entitled to a reintegration program, the duration of which is provided for in the internal organization and functioning regulations and may not be less than 5 working days. " 7. In Article 14, paragraph 2 shall be amended and shall read as follows: " (2) Educational institutions of all grades, social factors that are involved in instructive-educational processes, as well as all other providers of training and refresher services, authorized under the law, will include in national programs education topics and activities related to equal opportunities and treatment between women and men. " 8. In Article 19, paragraph 3 shall be amended and shall read as follows: "(3) Advertising firms have the obligation to know and respect the principle of equal opportunities and treatment, as well as not to use gender stereotypes in advertising productions." 9. The title of Chapter V is amended and shall read as follows: "" CHAPTER V National Agency for Gender Equality " 10. Article 23 is amended and shall read as follows: "" Art. 23. -(1) The National Agency for Gender Equality is established, hereinafter referred to as ANES, specialized body of the central public administration, with legal personality, subordinated to the Ministry of Labour, Family, Social Protection and Elderly, which promotes the principle of equal opportunities and treatment between women and men in order to eliminate all forms of discrimination based on sex, in all policies and programmes national. (. ANES shall perform the following functions: a) strategy, ensuring the foundation, elaboration and implementation of the Government's strategy and policies in the field of equal opportunities and treatment between women and men; b) harmonization with the regulations of the European Union of the legislative framework in its field of activity; c) representation, which ensures, on behalf of the Romanian state, the representation internally and externally in its field of activity; d) State authority, ensuring the active and visible integration of the gender perspective in all national policies and programmes, the control of the application and compliance of the regulations in its field of activity and the functioning of the bodies from his subordination and coordination. (3) The tasks of ANES shall be established by Government decision, at the proposal of the Minister of Labour, Family, Social Protection and Elderly. (4) In the exercise of the strategy function in the field of gender equality, ANES shall finance or, where appropriate, co-finance specific projects and projects under national interest programmes in the field of equal opportunities between women and men and to prevent and combat violence in the family and against women. (5) In the exercise of the position of authority in the field of equal opportunities between women and men, ANES receives complaints/complaints regarding the violation of normative provisions relating to the principle of equal opportunities and treatment between women and men and non-discrimination by sex, from natural persons, legal persons, public and private institutions, and shall transmit them to the competent institutions for the resolution and application of the sanction and provide advice to victims in the law. " 11. After Article 23, six new articles are inserted, Articles 23 ^ 1 to 23 ^ 6, with the following contents: "" Art. 23 23 ^ 1. -(1) ANES is headed by a secretary of state, appointed by decision of the Prime Minister, on the proposal of the Minister of Labour, Family, Social Protection and Elderly. (2) The Secretary of State represents ANES in relations with ministries, with other public administration authorities, with organizations, as well as in relations with individuals and legal entities, Romanian or foreign. (3) In carrying out its duties, the Secretary of State of the ANES may consult experts/experts in the field of equal opportunities and treatment, with recognition at national and international level. (4) For the purpose of carrying out its tasks, ANES may request information from central and local public administration authorities, other institutions and public authorities, companies to which the state is a shareholder or associate, employers ' organizations and representative trade unions at national level, with the obligation to provide the requested data. Art. 23 ^ 2. -(1) The institutions and authorities referred to in art. 20 20 para. ((1): a) develops annual action plans for the application of legal provisions on equal opportunities and treatment between women and men both in internal human resource management policies and in policies, programs and projects specific area of activity; b) report to ANES, annually, the progress achieved. (2) The institutions, authorities and organizations referred to in art. 22 22 para. ((1) and (2) report to ANES, annually, the stage of representation of women and men at the decision-making level, as well as the measures proposed and carried out to improve situations that do not respect the principle of (3) The action plans referred to in par. (1) are evaluated and endorsed by ANES, which aims to apply them. Art. 23 ^ 3. -(1) ANES elaborates and proposes the draft own budget that it submits to the Ministry of Labor, Family, Social Protection and Elderly for approval, under the law. (2) The Secretary of State of ANES is a tertiary authorising officer. (3) In the exercise of his duties, the Secretary of State of ANES issues decisions. Art. 23 ^ 4. -(1) The organization and functioning of the ANES shall be established by the Organization and Functioning Regulation of the ANES, approved by order of the Minister of Labour, Family, Social Protection and Elderly. (2) The maximum number of posts and the organizational structure of ANES shall be approved by Government decision, at the proposal of the Minister of Labour, Family, Social Protection and Elderly. Art. 23 ^ 5. -(1) ANES will take over the staff of the Department for Gender Equality on the basis of teaching/receiving protocol, in compliance with the legal regime applicable to each category of staff, without affecting the salary rights of to them. (2) The patrimony of the Department for Equal Opportunities between Women and Men will be taken over by ANES on the basis of teaching-reception protocol, under the law. Art. 23 ^ 6. -(1) ANES can benefit from donations and sponsorships under the law. (2) For the financing of the activity of ANES, non-reimbursable and non-refundable external funds 12. After Article 23 ^ 6 a new chapter, Chapter V ^ 1, is inserted, with the following contents: "" CHAPTER V ^ 1 Gender mainstreaming in national policies " 13. In Article 24, paragraphs 1, 2, 5, 7 and 9 shall be amended and shall read as follows: "" Art. 24. -(1) The National Commission in the field of equal opportunities between women and men, hereinafter referred to as CONES, which operates in the coordination of the ANES, shall be established. (2) The Secretary of State of ANES is the President of CONES. .......................................................................... (5) The tasks of the CONES, including those provided for by this law, are provided in the own regulation of organization and functioning, elaborated by ANES, endorsed by CONES members and approved by Government decision. .......................................................................... (7) CONES reunions shall be held on a semi-annual basis at the premises of The CONES Secretariat is provided by a designated compartment in this regard from the ANES, by decision of the Secretary of State. ........................................................................... ((9) ANES presents, annually, the parliamentary committees for equal opportunities the report on the work carried out and the use of budgetary and extra-budgetary funds, as well as the annual plan of measures adopted by each CONES member institution for promoting gender equality in the sector of activity. " 14. In Article 25, paragraphs 2, 3 and 5 shall be amended and shall read as follows: " (2) The COJES shall be composed of representatives of the devolved public services and other specialised bodies of local public administration or local administrative authorities, trade union organisations and employers ' associations, as well as representatives of non-governmental organizations, at the local level, designated by them. (3) The duties of COJES are provided in the regulation of organization and functioning of the county commissions, respectively of the city of Bucharest, in the field of equal opportunities between women and men, which are approved by Government decision, on the proposal CONES. ........................................................................ (5) The COJES reports shall be submitted by the President of the COJES to the Secretary of State of the ANES to be debated and approved in the CONES meetings, to be released. " 15. In Article 26, the introductory part shall be amended and shall read as follows: "" Art. 26. -(1) The Ministry of Labour, Family, Social Protection and Elderly shall ensure compliance and exercise control over the application of the provisions of this law in its field of activity, through the institutions in the structure, subordinated, under its authority in its coordination, which have responsibility for the application of measures to promote equal opportunities and treatment between women and men and to eliminate discrimination on the basis of sex, as follows: " 16. Article 26 (d) shall be repealed. 17. In Article 26, a new paragraph (2) is inserted, with the following contents: " (2) The institutions referred to in par. ((1) shall make available to ANES, on a quarterly basis, the information resulting from the exercise of their duties in the field of equal opportunities and treatment between women and men and the elimination of discrimination on the basis of sex. " 18. Article 27 (1) shall be amended and shall read as follows: "" Art. 27. -(1) The National Institute of Statistics supports the activity and collaborates with ANES for the development of gender statistics and for the implementation in Romania of gender indicators promoted by the European Commission. " 19. Article 28 is amended and shall read as follows: "" Art. 28. -The Economic and Social Council, through the specialized committee, supports, in accordance with its powers, the integration of the principle of equal opportunities and treatment between women and men in normative acts with implications for life economic and social. " 20. In Article 37, paragraph 1 shall be amended and shall read as follows: "" Art. 37. -(1) It constitutes contraventions and is sanctioned with contravention fine from 3,000 lei to 100,000 lei violation of the provisions of art. 6 6 para. ((1)-(4), art. 7 7 para. ((2), art. 8 8, art. 9 9 para. ((1), art. 10 10 para. ((1)-(4), (6), (8) and (9), art. 11 11-22 and art. 29 29. " 21. In Article 37 (3), point a) is amended and shall read as follows: " a) Labour Inspection, through labour inspectors of the territorial labour inspectorates, in the case of contraventions consisting in violation of the provisions of art. 7 7 para. ((2), art. 8 8, art. 9 9 para. ((1), art. 10 10 para. ((1)-(4), (6), (8) and (9), art. 11-13, as well as art. 29 29; ' 22. Article 40 is amended and shall read as follows: "" Art. 40. --The present law transposes: a) art. 10 10 and 12 of Council Directive 92/85/EEC of 19 October 1992 introducing measures to promote improvements in the safety and health at work of pregnant workers, who have recently given birth or the tenth special directive within the meaning of Article 16 (1) of Directive 89 /391/EEC), published in the Official Journal of the European Communities, L series, no. 348 348 of 28 November 1992; b) Clause 2 of Council Directive 2010 /18/EU of 8 March 2010 implementing the revised framework agreement on parental leave concluded by ESSEUROPE, UEAPME, CEEP and CES and repealing Directive 96 /34/EC, published in the Official Journal of the European Union, L series, no. 68 68 of 18 March 2010. ' + Article II (1) Within 60 days from the date of entry into force of this Law, the Minister of Labour, Family, Social Protection and Elderly shall issue the order provided for in art. 23 ^ 4 para. ((1) of Law no. 202/2002 on equal opportunities and treatment between women and men, republished, as amended and supplemented by this Law. (2) Within 60 days from the date of entry into force of this Law, the Minister of Labour, Family, Social Protection and Elderly will propose to the Government, for approval, the maximum number of posts, organizational structure and tasks To the National Agency for Gender Equality, according to the provisions of art. 23 23 para. ((3) and art. 23 ^ 4 para. ((2) of Law no. 202/2002 , republished, as amended and supplemented by this Law. + Article III The Secretary of State of the National Agency for Gender Equality will present to the parliamentary committees for equal opportunities, within 12 months from the date of entry into force of this Law, the report provided for art. 24 24 para. ((9) of Law no. 202/2002 , republished, as amended and supplemented by this Law. + Article IV Throughout the normative acts in force, the phrase "Ministry of Labour, Family and Social Protection, through the Directorate of Equal Opportunities between Women and Men", the phrase "Equality Equality Directorate between Women and Men" and the phrase "Department of Health" for Equal Opportunities between Women and Men "is replaced by the phrase" National Agency for Gender Equality ". + Article V Law no. 202/2002 on equal opportunities and treatment between women and men, republished in the Official Gazette of Romania, Part I, no. 326 of June 5, 2013, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALERIU-STEFAN ZGONEA
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, October 6, 2015. No. 229. ----