”By clarifying definitions, imposing prevention obligations, establishing reporting and investigation procedures, protecting victims, and applying sanctions, the legislation aims to reduce the incidence of harassment and raise awareness of the importance of mutual respect in the workplace. It is essential for both employers and employees to be informed and work together to implement these measures effectively,” mentioned Cătălina Călinescu, Partner, HR & Payroll, Mazars in Romania.
More than one in five people (almost 23%) have experienced one or more forms of violence and harassment at work
A study conducted in 2022 by the International Labour Organization (ILO), in partnership with the Lloyd's Register Foundation (LRF) and Gallup, revealed that 23% of employees worldwide have experienced one or more forms of violence and harassment at work. Among the forms most frequently reported by employees, psychological harassment ranks first, followed by both physical and sexual harassment.
At the beginning of 2024, ILO published a new study emphasising the importance and necessity of using the Occupational Safety and Health (OSH) framework to combat the fundamental causes of violence and harassment in the workplace and to promote joint actions. According to the report, practical tools, training programmes, and tailored guidelines can help companies implement anti-violence and harassment policies. These resources, as outlined by ILO, offer guidance on implementing these policies, simplifying complex tasks like workplace risk assessments.
The appointment of a person or committee responsible for resolving harassment cases is among the main obligations imposed on employers
In addition to developing and implementing a Guide on preventing and combating sexual and moral harassment in the workplace, companies must appoint a person or committee responsible for receiving and resolving harassment cases. Thus, the table with the names and responsibilities will be displayed at the company's headquarters and made known to all employees.
In addition to these obligations, we also mention:
- The establishment of a registry for reporting cases where complaints will be registered.
- Introducing the provisions of Government Ordinance no. 137/2000 on preventing and sanctioning all forms of discrimination and Law no. 202/2002 on equal opportunities and treatment between women and men in the internal regulations.
- Prohibiting and sanctioning any actions that may lead to moral or sexual harassment in the workplace, as well as taking measures to prevent and combat harassment in the workplace.
- Informing and training employees on harassment prevention through annual training courses.
- Communicating the methodology to all employees.
Cătălina adds: ”Recently, the Council of the European Union adopted a decision inviting Member States to ratify the International Labour Organization's convention on violence and harassment (ILO Convention no. 190). On 12 March 2024, the European Parliament approved the adoption of the Council's decision, followed rapidly by Romania, which passed the law on the ratification of the Convention no. 190/2019 on 13 March 2024. Currently, the law is in the promulgation phase and is not yet applicable, but companies can prepare for the new changes and recommendations."
