At a glance
- There have been some recent developments relating to the prevention of gender-based harassment and moral harassment in the workplace.
On 5 April 2024, the law ratifying the International Labour Organisation Convention no. 190/2019 - Violence and Harassment Convention entered into force; however, procedural steps must still be put in place for it to apply in Romanian law.
On 17 April 2024, government decision no. 970/2023 aimed at strengthening prevention and fighting gender-based harassment and moral harassment in the workplace entered into force (government decision).
- The new regulations mandate that employers must develop and implement a methodology, or guide, to prevent and combat gender-based and moral harassment in the workplace.
- The new provisions should be based on a template now governed by the government decision. Consequently, employers are required to enforce a policy outlining the procedures for internal investigations if an employee lodges a complaint of sexual or moral harassment.
- This policy should encompass elements such as: (i) the establishment of a commission (with defined roles) with the authority to investigate; (ii) the enforcement of strict and brief deadlines, including the completion of the investigation within 45 working days; and (iii) the provision of support measures for the victim.
- Employers have the discretion to create their own guide, provided it adheres to the fundamental principles and deadlines stipulated in the new methodology.
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