Women ‘s safety and health Women ‘s safety and health at workplace in Romaniaat workplace in Romania

Alexandra NemesAlexandra Nemes

Counselor for European AffairsCounselor for European Affairs

National Agency for Equal Opportunities between Women and MenMinistry of Labor, Family and Equal Opportunities

Seminar on protection of women workers and gender equality ANKARA 2 - 3 June 2008

Occupational pattern of women in Romania

Employment rate, second part of 2007 – women 53,6, men 65,6Unemployment rate, second part of 2007 – women 5,5, men 7,4Proportion of female managers, 2006 – 31,1Gender pay gap in Romania, in October 2007 – 10,4 percents, although for equal conditions of work, appointment wages for men and women are the same. Visible differences are in domains as: industry – 30%, commerce - 23%, teaching – 15%, health system – 12%.

Some reasons could be the differences between wages which are established taking into account qualification level, but also the decision – making level.

The feminized occupational fields are insufficiently remunerated. The state contributes to this gender inequality, specially in the

settling of level of remuneration for public occupational fields.Gender segregation in occupational fields in 2006 - 22,8Gender segregation in economic fields in 2006 – 15,5

Specific Romanian legal provisions regarding safety and health of women at workplace

General legal provision

2000 – Law regarding the public pension system and other social insurance rights establishes the special leaves and benefits of insured workers

2001 - Romanian Constitution stipulates the right of employees to social protection of work, the social measures regarding the safety and health at workplace, work conditions of women and youth

2003 – Labor Code stipulates the right of employee to benefit by adequate working conditions, by social protection, by safety and health at work and the respect of his dignity and conscious, without any discrimination.

Dismissal of employees is forbidden: a) on gender criteria, sexual orientation, genetic features, age, belonging

to a nation, race, color, ethnic group, religious beliefs, political options, social origin, disability, family status or responsibility, trade union activity;

b) for exercising the right to strike and trade union rights.2006 – Law regarding the safety and health at workplace transposes the

Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work. It foresees that the sensitive groups at risks - pregnant women, women who have recently given birth or who are breastfeeding, youth, persons with disabilities must be protected from certain risks at workplace.

Specific legal provisions Law on equal opportunities and treatment between women and men

2002

It stipulates a set of provisions to ensure equal opportunities and treatment between women and men on labor market.It is forbidden the discrimination by employers by using of practices that disfavour persons on the ground of sex, within the labour relations, relating to: advertising, organizing, contests of exams and selection of candidates in the public and private sector; suspension, modification and/or ceasing of the legal labour relations, setting up or modification of attributions in the job description; establishing remunerations; benefits, as well as social security; information and vocational counselling, qualification, improvement, specialization programs; assessment of individual professional performances; professional promotion; application of disciplinary measures; the right to join a union and to access the facilities afforded by it, other conditions of work performance.

These provisions are not compulsory in professional activities where, due to the special working conditions gender particularities are decisive and authentic professional requirements.All orders to discriminate a person based on gender criteria it is considered discrimination. Maternity cannot be a reason for discrimination.

Harassment and sexual harassment of a person by another one at the workplace or at the place where an activity is carried out it is considered gender discrimination. It is forbidden to adopt decisions regarding a person based on agreement or rejection by the respective person of a harassment or sexual harassment behavior. It is considered gender discrimination any behaviour defined as sexual harassment, intended to create at the workplace an intimidating, hostile or discouraging environment for the affected person; to negatively influence the situation of an employee as vocational promotion, remuneration or benefits or the access to vocational training, in the case of his/her refusal to accept an undesired, sexually behaviour. It is considered discrimination and it is forbidden any unilateral modification by the employer of the labor relations and working conditions, including the dismissal of the person who submitted a complaint In order to prevent gender discrimination within labor field, it is compulsory that the collective labor agreement at national level, the collective labor agreement at company level to stipulate provisions in order to forbid discrimination acts and specific measures of solving the complains made by victims of discrimination.It is forbidden any gender discrimination regarding the access of women and men to all levels of healthcare and programs of disease prevention and health promotion

Normative acts on maternity protection at workplace - since 2004

They transpose the Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding

Pregnant employees, employees who have recently given birth and those that are breastfeeding, these categories are considered as a vulnerable group facing certain risks.

Duties of pregnant employees, employees who have recently given birth and those that are breastfeeding

pregnant employee must do the ante–natal examination in order to attest her physiological situation of pregnancyto inform in written the employer about their special conditions, as pregnancy, recently birth, starting breastfeeding, with inclosing the medical certificate no later than 5 days from the date of certificateto take the post natal maternity leave of 42 days

Rights of pregnant employees, employees who have recently given birth and those that are breastfeeding

the right to equal opportunities within labor relations, without any discrimination on maternity criteria, or family situation

the right to be protected from any risk for safety and health, from any possible effects on pregnancy, infant, breastfeeding

the right to be informed by employer on any risk for safety and health of her and on any possible effect on pregnancy, fetus, breastfeeding

the right of women who recently given birth to demand for adequate working conditions on the basis of medical certificate during a period of 6 months from the date of giving birth

the right not to perform an activity for which the evaluation pointed out the risk of exposing at dangerous agents or work conditions

the right not to do work night the right not to work in insalubrious or difficult conditions, as: collecting,

transportation, storing up of house, human and animal dejects; making hygiene of toilets, hoeing of grooves, loading and discharge with shovel of different materials, lifting up a weight over 10 kilograms, working conditions in extreme temperatures

the pregnant employee who can’t accomplish a normal work time for health reasons, her or her fetus, has the right to reduce by a fourth the normal work time, with the same wage income, paid entirely by employer

the right to leave of maternal risk and to indemnity for maternal risk in case that the employer cannot fulfill the obligation to modify working conditions, or work time, change her work place without any risks for safety and health of employee or her baby

the leave for maternal risk may be entirely or fractionate granted, for a period no longer than 120 days, by the family doctor or the specialist one who releases the medical certificate. It can be taken before the date of maternity leave, or after the maternity leave, but before of taking the parental leave.

the amount of the indemnity for maternal risk is 75% of the average of the monthly wages obtained 10 months before the leave. Also, maternity risk leave is considered contribution period to the social insurance budget.

the right to time off for ante-natal examination, a maximum 16 monthly hours paid by the employer, during the normal work time so that the pregnant worker can do the gynecological examinations

the right of employees who are breastfeeding to have 2 pauses during work time for breastfeeding the babies, each of them of 1 hour, or the possibility to reduce work time with 2 hours per day, without any changes in income wages

the right of insured women to maternity leave for a period of 126 calendars days. The same rights have also the women who are not employees anymore, for reason no imputable to them, if they give birth in 9 months the date of losing insured quality. maternity leave is granted for 63 days before giving birth, and 63 days after giving birth. These two parts of the maternity leave can be compensated between them. Insured women with disabilities have the right to take the maternity leave beginning with the 6th month of pregnancy.the monthly maternity benefit is 85% of the average income in the last 6 months, as basis for the individual contribution to social insurancematernity benefits are paid integrally from the social insurance budgetthe right not to be dismissal during the period of pregnancy, leave for maternal risk, maternal leave, parental leave, leave for child health care employees are entitled, when they are victims of gender discrimination to file intimations or complaints to the employer or against it An important role it has the trade unions or the representatives of employees with responsibilities in conflict mediation regarding the work relations.Trade unions, the Agency of Public Servants, NGO’s in the field of human rights protection, as well as other legal persons with a legitimate interest in ensuring the equal opportunities and treatment are entitled to represent from legal point of view the discriminated persons and to assist them during the administrative procedures, and judicial one, at their request.

Employers’ duties regarding the safety and health of Employers’ duties regarding the safety and health of women workerswomen workers

the employer must to assess annually, or at every modification of the work conditions the nature, level and duration of exposure of pregnant women, women who have recently given birth and women who are breastfeeding, employed in activities that might present a specific risk of exposure to dangerous agents, processes or working conditions, to find out any risk and any possible effect on pregnancy or breastfeeding of the employee, to establish the necessary measures to be taken. This assessments are elaborated by the employers with the compulsory participation of the labor medicine doctor.

employers must submit a copy to the trade union or the representatives of the employees in 5 working days from the drafting of the report on working conditions

employers must inform in writing the women employees on the results of the assessment concerning the risks

If the assessment results show risks for safety or for health of the employees or effects on the pregnancy or breastfeeding, the employer shall take the necessary measures, by temporary adjusting the working conditions and/or working hours of the employee

employer can’t compel vulnerable workers to perform an activity for which the evaluation pointed out the risk of exposing at agents or work

if a vulnerable worker is performing insalubrious or difficult work, the employer must transfer her to another workplace, by maintaining the basic gross wage

if health of pregnant worker, of whom has recently given birth, of whom are breastfeeding is affected by the night work, the employer must transfer it into daytime work, on the basis of the worker’s written request, by maintaining the basic gross wage

It is forbidden for the employer to cease the labor relations in the case of :pregnant women the employee being in leave for maternal risk the employee being in maternal leave women who are breastfeeding employee being in parental leave (women or men) employee being in leave for child healthcare

This prohibition is extended once by 6 months, after the worker takes back the activity.

These provisions don’t apply in case of dismissal for economical reasons.

The employer who ceased the labour relations with an employee from the

vulnerable group at risks he is compelled to transmit a copy of this document in term of 7 days from the written notification to the employee:

to the trade union or to the unit’s employees’ representative to the territorial Labour Inspectorate to the National Agency of Public Servants

The Territorial Labour Inspectorate, the National Agency for Public Servants within 7 days from the date the decision was received, has the obligation to issue a consultative notice.

The Territorial Labor Inspectorate or The National Agency for Public Servants shall transmit the notice to the employer, to the employee, as well as to the trade union or the employees’ representatives in the economic unit.

Employer must do the burden of proof in the case he is defendant for infringement of equal treatment principle in the case of his employee.

List of dangerous agents, processes and working condition for pregnant women, women who have recently given birth and

women who are breastfeeding

Physical agents with risk of fetal lesions and/or likely to disrupt

the placenta:

shocks, vibration or sudden movement; manually handling of heavy weights, involving risks, especially to the

dorsa lumbar level noise; ionizing radiation; non-ionizing radiation; extreme temperatures; movements and postures, traveling, mental and physical fatigue and

other physical efforts

Biological agents of risk groups 2, 3 and 4 within the meaning of legislation in force, in so far as it is known that these agents or the therapeutic measures necessitated by such agents endanger the health of pregnant women and the unborn child

Chemical agents carcinogenic or mutant agents, others that the ones stipulated by

general norms of work protection chemical agents mercury and mercury derivatives; anti mitotic drugs; carbon monoxide; chemical agents with risk of skin absorption Industrial processes which may lead to cancer, and which are

stipulated by the general norms of labor protection Working conditions - Underground mining work.

The employer can’t compel the pregnant employee, employee

who are breastfeeding to perform the following activities:

Activities with certain risks for pregnant employees:

Physical agents - the activity in an hyper baric atmosphere, for instance in rooms under pressure and at scuba diving

Biological agents: toxoplasmosis, rubella virus, excepting for the cases when it is proved that the pregnant employee is sufficiently protected against these agents by immunization

Chemical agents - the lead and its derivatives as they can be absorbed by the human body

Work conditions – the mining underground activities

Activities with certain risks for employees who are breastfeeding:

Chemical agents - the lead and its derivatives as they can be absorbed by the human body

Work conditions - mining underground activities

IMPORTANT KEYS

Because pregnancy usually goes undetected for the first few weeks, , employers should identify risks for all female employees of childbearing age, not only those that they know are pregnant. In addition, some hazards can present more of a risk at different stages of pregnancy. Controlling common workplace risks better it will reduce the need for special action for these groups and a good employer will ensure the workplaces is safe for all employees, including pregnant employees, regardless of whether they know any of the workforce is pregnant.

Identifying of social measures for protection of health of older women

Implementing more informative campaigns on pregnancy and risk assessments

the need to build the business case for workplace equality strategies and to develop supports for employers to develop a workplace equality

infrastructure the importance of effective implementation of equality legislation and of effective remedies under equality legislation, and the need to further develop this legislation

a coherent framework should be developed to ensure a coordinated national approach an Occupational Safety and Health Policy

health promotion policies must be based on more accurate information about the relationship between health and gender roles. Women workers are particularly disadvantaged by out of date workforce structures, workplace arrangements and attitudes.

standards of exposure to physical, chemical or biological agents should avoid discrimination and guarantee protection of all workers health. Special legal protection for women should be extended to male workers where appropriate; for example, in the case of radiation protection and reproductive health.

development of national statistics on occupational accidents and diseases by gender would contribute: to determine priorities for action through preventive programs; to the development of a national information strategy to collect and disseminate information on occupational health and safety of women workers; to the development of national standards on specific hazards faced by women workers

women should be better represented and more directly involved in the decision-making process concerning the protection of their health

Teşekkürler !Teşekkürler !