Decision No. 970/2023 | LegalFlash 100
Decision No. 970/2023 | LegalFlash 100
Starting with 17th April 17, 2024, employers are required to implement an internal set of rules and procedures aimed at preventing and combating moral harassment and harassment based on sex in the workplace. This obligation stems from Decision No. 970/2023, which approved the Methodology for preventing and addressing workplace harassment based on sex criteria, as well as moral harassment.
The objective of this methodology is to ensure equality of opportunities and treatment between women and men in the field of employment, to specifically acknowledge the right of every citizen to a workplace free from violence and harassment, and to encourage and maintain a work culture based on mutual respect and dignity.
All juridical entities are subject to the new legal provision indifferent of their sector of activity and if they are public or private companies.
To counterbalance the challenges that harassment based on sex criteria, as well as moral harassment generate, the normative act, sets forth a series of new concrete responsibilities for employers, of which the following deserve mentioning:
- Developing an internal procedure outlining promotion guidelines (rules for job promotions), including decision-making roles such as those within the board of directors and supervisory boards.
- Establishing a committee tasked with receiving and resolving harassment complaints or reports. This committee will be responsible for providing information, support, and counseling to affected employees, managing complaint resolution processes and disciplinary actions, reporting cases to the employer, and preparing an annual report.
- Creating a registry to document harassment complaints or reports.
The procedural steps (filing the complaint, preparing a case report, conducting an investigation, and resolving the complaint based on a final report) and deadlines are established in the legislation, including those related to the formal procedure for resolving complaints and reports. For example, the complaint procedures must be completed within 45 working days from the date of filing.
For non-compliance with the obligations imposed, employers can be sanctioned by the labor inspectors with a fine that can reach up to 50,000 RON (or even 200,000 RON in certain specific cases).