Recently entered into force, namely on 17th of October 2023, the Methodology for preventing and combating gender-based harassment and psychological harassment in the workplace, approved through Government Ordinance No 970/12.10.2023 (“the Methodology”), requires employers to implement the Methodology based on the Guidelines on Prevention and Combating of Gender-based Harassment and Psychological Harassment in the Workplace (provided as an Appendix to the Methodology) within 6 months of its entry into force, i.e. by 17th of April 2024.
The entry into force of this Act imposes further obligations on employers in addition to those already in place, to be implemented with a view to securing equal opportunities and equal treatment for women and men, but also with a view to specifically acknowledging every employee’s right to a safe, calm, and non-hostile working environment.
According to the new Methodology, the most significant obligations of employers to prevent and combat all forms and acts of gender-based harassment and psychological harassment in the workplace are the following:
- the actual enforcement of the Methodology, adapted to the specific situation of each employer, by developing in-house guidelines on preventing and combating gender-based harassment and psychological harassment in the workplace;
- the incorporation of the provisions of Government Ordinance No 137/2000 on the prevention and sanctioning of all forms of discrimination and of Law No 202/2002 on equal opportunities and treatment between women and men into the Internal Regulation, noting that this obligation has already been in place since the entry into force of Law No 167/2020;
- the prohibition and sanctioning of any actions that may lead to psychological harassment in the workplace or based on a gender-related criteria;
- to take the necessary steps to establish a framework of prevention and protective measures in situations of harassment on the basis of sex and psychological harassment in the workplace by training employees to raise awareness and prevent the phenomenon of harassment;
- informing and training all employees through annual training sessions concerning the provisions of the Methodology;
- disseminating the Methodology through all internal means of communication/information to the employees;
- appointing a designated person or setting up a committee to receive and deal with harassment cases. In the light of the existing number of employees and branch offices, the adoption of one of the two options may prove to be more useful, as the law does not detail any criteria according to which one of the two possibilities should be selected;
- the constitution of a Reporting Register where complaints/claims will be recorded. The register will contain the registration number, the stage of the harassment incident and the identified solutions.
Furthermore, the Methodology also provides for separate obligations on the employer’s management, such as:
- taking appropriate precautions to ensure that the provisions of the Framework are disseminated among employees;
- ensuring that the necessary mechanisms are put in place to ensure that all cases of non-compliance are reported and dealt with regardless of any complaints from the employee;
- ensure that incidents of alleged harassment are properly investigated;
- designate a responsible person or set up a committee to receive and deal with harassment cases;
- ensure that employees are aware that the matters they raise are confidential and will be carefully considered;
- ensure the constitution of a Reporting Register where complaints/claims will be recorded;
- ensure that employees who are found to have committed harassment are sanctioned in accordance with the legal and statutory provisions.
The Methodology does not exclude the possibility for an employee who has been harassed to file an independent complaint to other competent institutions in harassment. Such institutions may be:
- the Regional Employment Office;
- National Council on Anti-discrimination;
- The national courts;
- Criminal investigation bodies if the harassment is so serious that it is covered by the Criminal Code.
In this context, we recommend increased attention to the need for a comprehensive and detailed Internal Policy/Guidelines to be adopted, the measures required by the Methodology to be implemented and all employees to be properly informed so that they are supported in making internal claims/complaints. At the same time, the Internal Regulation and policies applicable at the employer’s level need to be thoroughly reviewed and amended with mandatory provisions and new updated internal policies.
Finally, we encourage the organizing of specialized trainings, which are carefully prepared and aimed at all employees, informing them in a clear and accessible language, regardless of their level of professional training, of the new legal provisions and the consequences of failure to comply with them.
If the employer company decides to set up a committee, the law provides for the possibility of appointing an external member, an option which allows the company to contract, when necessary, a professional person (such as lawyers, employment law experts, human resources consultants) with experience in the field, who can coordinate all the work related to preventing and combating harassment in the workplace, ensuring full compliance with legal provisions.