For employers – obligations and recommendations

Job evaluation and classification is a process by which each role in an organisation is objectively analysed to establish the hierarchy of positions and equitable pay levels. Positions are compared based on objective criteria: skills and qualifications, the effort required, the degree of responsibility, and working conditions, starting from the actual content of the work, not from the title or the person occupying it. Job titles can be misleading: the same title can hide different responsibilities, and jobs with different names can involve work of equal value. The result is a transparent pay grid that ensures work of equal value is paid equally.

Any employee has the right to request, in writing, information about pay levels broken down by gender, for the position they hold. To handle such requests, the employer will provide only aggregated and anonymised information, such as the number of women and men holding that position, the average or median pay level for each group, and the resulting percentage difference, without disclosing individual salaries. This data is statistical in nature and does not affect the confidentiality of individual incomes. It is important that the internal regulations set out and clearly communicate the procedure for submitting and processing such requests, including the applicable form, the responsible person and the response deadline. It is also recommended to keep a register of all requests and responses, in order to demonstrate compliance with transparency requirements.

Employers of medium and large enterprises in the Republic of Moldova have been obliged, since May 2022, to inform employees annually about the gender pay gap. This obligation was introduced by Law no. 107/2022. For this purpose, the employer prepares a concise internal report which presents, for each category of position: the number of women and men, the average or median pay levels and the percentage difference between them. The report is communicated through the company's internal channels, including email, intranet or information boards, and may, as appropriate, be presented at a dedicated meeting to explain the methodology and results.

When pay analysis reveals an average difference of more than 5% between women and men in positions of comparable value, and this difference cannot be explained by objective reasons (such as seniority, qualifications or performance), the employer is obliged to intervene. According to European standards and applicable legislation, an unjustified difference of at least 5% triggers the employer's obligation to carry out a detailed analysis together with employee representatives and to take measures to eliminate the gap. The actions are not limited to a simple pay increase: first, the causes of the discrepancy must be assessed and the policies or practices that generated it must be corrected. Measures may include adjusting the pay of disadvantaged persons, updating job descriptions and evaluation grids (to correctly reflect responsibilities and competencies), offering training and mentoring programmes to ensure equal opportunities for advancement, and reviewing recruitment and promotion procedures. All these actions must be included in a remediation plan setting clear deadlines, responsibilities and budgets. Progress is monitored regularly until the gap is reduced below the 5% threshold and it can be demonstrated that objective justifications exist for any residual variation.

Pay information is considered sensitive personal data, which is why it is not disclosed individually and is not sent to other colleagues. When employees request pay details, employers may provide only aggregated data, i.e. statistics that summarise the pay level for a group, without identifying individuals. For example: “In position X, average women's salary = 10,200 lei, men's average = 10,800 lei, gap = 5.9%” or “In position Y, women's median salary = 12,000 lei, men's median = 12,300 lei.” These values represent the group's average or median pay (women/men) and the percentage difference between them, thus protecting the confidentiality of each employee. If a job category contains only one employee, communicating the average would directly reveal their salary. In such situations, the employer does not publish the data and does not transmit it to colleagues. One solution is to regroup that position with other comparable functions to form a group of at least two persons; if this is not possible, it will be noted that the number of employees is insufficient to maintain confidentiality. Likewise, all documents containing aggregated pay data must be kept and protected in accordance with personal data protection legislation.

No employee who requests information about pay or reports possible pay discrimination should be sanctioned. The internal regulations must provide clear sanctions for retaliation and designate contact persons who can provide assistance.

The employer must provide clear mechanisms for submitting and analysing pay-related complaints: methods of submission, response deadlines, the committee that examines the case and the possibility of appeal. Employees must be informed about these procedures at the time of hiring and periodically thereafter. The employer keeps a record of complaints and decisions in order to demonstrate compliance and to identify recurring issues.

The State Labour Inspectorate and the Equality Council may request documents and verify compliance with obligations. The employer is obliged to cooperate openly: provide, within the requested deadline, the relevant documents (internal regulations, job descriptions, methodology and results of job evaluation, pay grids, the annual gender gap report, the transparency procedure and the register of requests/responses, correction decisions), allow access to the premises and necessary systems, while ensuring the confidentiality of personal data. If the authorities find non-compliance, the employer prepares and implements an action plan with clear deadlines (e.g. salary adjustments, updating job descriptions, improving procedures), submits evidence of implementation and reports progress until observations are closed. Failure to cooperate or to implement the required measures may attract sanctions under the law, which is why documentation must be complete, up-to-date and easy to present upon request.