On 12/12/2024, Law No. 17(III)/2024 was published, ratifying the Convention of the International Labor Organization (Convention No. 190) on combating violence and harassment in the workplace. The Convention recognizes that such behaviors constitute a violation of human rights and promotes the creation of a zero-tolerance environment. It defines violence and harassment as unwanted behaviors, practices, or threats, whether isolated or repeated, that may cause physical, psychological, sexual, or economic harm.
It includes a special reference to gender-based violence and sexual harassment. The protection covers all workers in both the public and private sectors, regardless of their employment relationship or status. It applies not only in the workplace but also to related activities (e.g. Business trips, communications, transportation).
Member states are required to establish measures for prevention, enforcement, and victim support, as well as to adopt laws that:
- Explicitly prohibit violence and harassment at work.
- Require employers to take relevant preventive measures (e.g. training, risk assessment, information on rights and obligations).
- Ensure effective complaint mechanisms, access to courts, dispute resolution procedures, and other sanctions.
- Protect whistleblowers and witnesses from potential retaliation.
- Guarantee the right of an employee to remove themselves from dangerous situations arising from violence or harassment if they pose a serious risk to their life, health, or safety.
At this stage, legislation on workplace violence and harassment is still pending, along with amendments to the Law on the Establishment of an Inspection Service within the Ministry of Labor and Social Insurance, to align it with the provisions of the Convention. Relevant bills are being reviewed by the Labor, Welfare, and Social Insurance Committee. The core philosophy of the Convention is already reflected in Law No. 205(I)/2002 on Equal Treatment of Men and Women in Employment, which prohibits gender-based discrimination and covers harassment and sexual harassment. Under this law, harassment is defined as unwanted behavior related to a person's gender that aims to or results in violating their dignity, particularly when it creates an intimidating, hostile, or humiliating environment. Among other provisions, the law prohibits direct or indirect adverse treatment due to the rejection of harassing behavior or the filing of a harassment complaint, affecting access to employment, working conditions, and dismissal. The criterion for unwanted behavior is subjective, meaning the way it is perceived by the recipient is what matters. The perpetrator's intent is irrelevant, as the absence of intent does not negate the illegal nature of the act or their responsibility.
Employers are obliged to protect employees from acts committed by supervisors, managers, or other employees. They must also ensure that harassment ceases and does not recur, as well as address any consequences. If they fail to do so, employers—whether individuals or legal entities—become jointly responsible along with the perpetrator. Additionally, employers must take timely measures to prevent harassment, including introducing a Code of Conduct that defines punishable actions, explains complaint submission procedures, outlines employer obligations, and details the handling of reports and the implementation of the Code's provisions.
In case of a law violation, the affected person may seek legal recourse in court, which may award fair and reasonable compensation, damages for moral or physical harm, or even reinstatement in cases of dismissal, provided the affected person requests it. At the same time, extrajudicial protection is available through Inspectors of the Ministry of Labor and Social Insurance, who have the authority to inspect premises and records, conduct investigations, and impose sanctions. Penalties for violations include fines and/or imprisonment of up to three years. If an offense is committed by a legal entity, the CEO is also liable if it is proven that the offense occurred with their consent, involvement, or tolerance.
According to a study by the EU Agency for Fundamental Rights (FRA) between 2020 and 2024, one in three working women residing in the EU has experienced sexual harassment in the workplace, while the number of cases reported to authorities is significantly lower. Preventive measures by the state and businesses are essential. The establishment and implementation of a strict legal framework is an undeniable necessity that, unfortunately, has been unjustifiably delayed.
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