Romania: New legal provisions against moral harassment at the workplace

Law no. 167/2020 introduces the legal definition of moral harassment at the workplace and new obligations and guidelines for employers that need to guarantee a harassment free environment for their employees.

All forms of concentrated misconduct directed against an employee by both the employer and other employees are strictly forbidden. The new law recognizes stress as a result of moral harassment. The employer should refrain from taking any action that might be considered moral harassment, not issue any decisions that might result in harassment, not allow employees to harass other employees, have internal regulations on the topic and take disciplinary action against individuals that are guilty of such misconduct. Taking action against the employee that is guilty of harassing another employee does not exonerate the employer, if the harassing was tolerated, encouraged or ordered by the employer. National courts can take direct action against employers that are guilty of harassing their employees and the National Council for Fighting the Discrimination can fine the employees for such misconduct.

For more information on these articles or any other issues involving labour and employment matters in Romania, please contact Magda Volonciu (Partner) of Magda Volonciu & Asociatii at magdavolonciu@volonciu.ro or visit www.volonciu.ro.