New Harassment Guidelines: What Employers Should Know

Late last year, the Romanian government introduced the Guide on Preventing and Combating Harassment Based on Sex and Moral Harassment at the Workplace through Government Decision no. 970/2023. Despite being in force for nearly half a year, many employers are still grappling with its implementation, raising concerns about its practicality and clarity.

One of the primary challenges lies in the potential for abuse. The Guide allows any employee to file a complaint for sexual or moral harassment, which could lead to frivolous or unfounded claims. There is no preliminary investigation step to filter out these complaints before a full investigation is launched. Once a complaint is filed, the process immediately moves to interviews and fact-finding, which can be burdensome and disruptive.

Moreover, the Guide is unclear on sanctions. Employers are not criminal investigation bodies, so they cannot enforce criminal penalties. At the same time, Labor Code disciplinary actions, except for a written warning, can only be imposed after formal disciplinary inquiries. This leaves employers in a gray area, unsure how to proceed effectively against proven harassment without overstepping legal boundaries.

Reconciliation between the parties to a complaint doesn’t halt an investigation. This makes any potential harassment to be thoroughly examined, even if the complainant decides to withdraw. However, while reconciliation might absolve the accused of immediate responsibility, the behavior can still be relevant in future complaints, highlighting the need for continued vigilance.

To improve the Guide’s effectiveness, a preliminary investigation step is essential. This would help prevent investigations based on false reports and save time and resources. Additionally, mitigation measures, such as relocating the harasser or adjusting workplace dynamics, should be considered to protect victims while maintaining operational efficiency.

The Guide’s lack of clear sanctions for harassment is another area that needs addressing. Sanctions must be defined in a way that aligns with legal requirements but also allows employers to take decisive action against harassers, ensuring a safe and respectful workplace.

Employers are eager to comply with the Guide but need clearer directions and more practical tools to implement it effectively. As the business community adapts to these regulations, the focus should remain on setting up a fair process that protects all employees while ensuring that the workplace remains productive and harmonious.