Romania
Answer ... The Romanian Labour Code prohibits direct and indirect discrimination, discrimination by association and harassment or victimisation based on the criteria of:
- race;
- nationality;
- ethnicity;
- colour;
- language;
- religion;
- social origin;
- genetic traits;
- sex;
- sexual orientation;
- age;
- disability;
- chronic non-contagious disease;
- HIV status;
- political choice;
- family situation or responsibility;
- membership or union activity; and
- membership of a disadvantaged category.
‘Direct discrimination’ is defined as an act of distinction, exclusion, restriction or preference, based on one or more of the above criteria, which has as its purpose or effect the refusal, restriction or removal of the recognition, use or exercise of the rights provided in the labour legislation.
‘Indirect discrimination’ is any provision, action, criterion or practice which is apparently neutral, but has the effect of disadvantaging a person based on one of the above criteria (certain exceptions are provided for by law).
‘Discrimination by association’ consists of an act of discrimination committed against a person who, although he or she is not covered by any of the above criteria, is associated or presumed to be associated with one or more persons belonging to such category of persons.
‘Harassment’ consists of any type of behaviour that is based on one of the criteria above which has as its purpose or effect the impairment of a person’s dignity and leads to the creation of an intimidating, hostile, humiliating or offensive environment. In 2020, a series of new provisions regarding moral harassment in the workplace were introduced in a special law against discrimination (Ordinance 137/2000). These new rules require employers to adopt specific measures in this respect. Significant fines for failure to comply with the law are applicable.
Romania
Answer ... While everyone is protected against discrimination based on the criteria set out in question 4.1, the Labour Code puts particular emphasis on the protection of employees. The protected classes are mainly those mentioned under question 4.1 – that is:
- race;
- nationality;
- ethnicity;
- colour;
- language;
- religion;
- social origin;
- genetic traits;
- sex and sexual orientation;
- age;
- disability;
- chronic non-contagious disease;
- HIV status;
- political choice;
- family situation or responsibility;
- membership or union activity; and
-
membership of a disadvantaged category.
Romania
Answer ... According to the Labour Code, employers must include rules on compliance with the principle of non-discrimination and the removal of any form of violation of employees’ dignity in their internal regulations (which are mandatory for all companies).
Employers must also take any measures to prevent and combat acts of moral harassment at work. In this respect, the employer’s internal regulations must provide for disciplinary sanctions for employees who commit acts of moral harassment at work.
Ordinance 137/2000 further stipulates that no employee shall be sanctioned, dismissed or discriminated against directly or indirectly – including with respect to salary, professional training, promotion or extension of the employment relationship – due to the fact that he or she was or refused to be subjected to moral harassment at work.
Romania
Answer ... A discrimination claim is generally processed based on the procedure stipulated in the employer’s internal regulations. The internal regulations must include a special section on the settlement of individual labour disputes, individual claims or complaints of employees.
In addition, anyone who considers that he or she has been discriminated against may notify the National Council for Combating Discrimination, a specialised authority, within one year of the date on which the discriminatory act or deed occurred or the date on which he or she became aware of its commission. The council will investigate the claim based on the evidence submitted by the parties and will issue a decision within 90 days. The council’s decision can be appealed before the administrative court within 15 days.
Also, anyone who considers himself or herself to be discriminated against may bring a claim in a court of law for damages and the restoration of the situation prior to the discrimination, in accordance with the common law. The limitation period for such claims is three years.
Romania
Answer ... The law does not expressly stipulate specific remedies in case of discrimination. Such claims will be decided on a case-by-case basis through the settlement of the discrimination claim, based on either the employer’s internal regulations or the procedure submitted by the National Council for Combating Discrimination. Certain remedies are specifically provided by law for moral harassment at work (see question 4.6).
Nevertheless, as mentioned in question 4.4., anyone who considers that he or she has been discriminated against may bring a claim in a court of law for damages and the restoration of the situation prior to the discrimination.
Any employee who commits discriminatory acts or deeds may also be subject, on a case-by-case basis, to disciplinary sanctions imposed by the employer or to sanctions for misdemeanours or criminal offences imposed by the state authorities.
Romania
Answer ... Under the law, ‘moral harassment’ consists of a series of behaviours which have as their purpose or effect a deterioration of the working environment by:
- infringing the rights or dignity of an employee;
- affecting his or her physical or mental health; or
- compromising his or her career.
They include:
- hostile or unwanted conduct;
- verbal comments;
- actions or gestures; and
- stress and physical exhaustion.
If it finds that an act of moral harassment at work has been committed, the competent court may oblige the employer to:
- undertake all necessary measures to stop any acts or deeds of moral harassment at work regarding the employee;
- reintegrate the harassed employee into the workplace;
- pay compensation in an amount equal to the equivalent of the salary rights of which the employee was deprived;
- pay compensatory and moral damages to the employee;
- pay the costs of psychological counselling that the employee needs to recover from the harassment, for a reasonable period established by the occupational physician; and
- modify the disciplinary records of the employee.
The National Council for Combating Discrimination may also oblige the employer to:
- undertake all necessary measures to stop any acts or deeds of moral harassment at work regarding the employee; and
- pay the costs of psychological counselling that the employee needs to recover from the harassment, for a reasonable period established by the occupational physician.
An employer’s failure to undertake any necessary measures for combating moral harassment at work or to stipulate disciplinary sanctions in its internal regulations will trigger a substantial fine ranging between RON 30,000 and RON 50,000.