White Paper: Harassment And Insubordination At The Workplace In Romania

August 2018 - An organisation should be able to make clear what is permitted as strong management and what is considered as misuse of power and harassment, just as it should be able to explain when employees in subordinate positions can express their thoughts and when such behaviour crosses the line and becomes insubordination and harassment of their superiors.

This Kinstellar White Paper has been prepared by our experts to give insight into the treatment of harassment and insubordination at the workplace in Romania.

What is the legal framework?

The main laws governing harassment and insubordination at the workplace in Romania are Law No. 53/2003 on the Labour Code and OUG 137/2000 on the prevention and retaliation of all forms of discrimination and Law No. 202/2002 on equal opportunities and treatment between men and women.

We list below the main provisions applicable in cases of moral harassment and insubordination:

Government Ordinance No. 137/2000: Art. 2 par. 5 - defines harassment as "any behaviour that creates an intimidating, hostile, degrading or offensive environment on the basis of race, nationality, ethnicity, language, religion, social category, beliefs, gender, sexual orientation, belonging to a disadvantaged category, age, handicap, refugee or asylum status or any other criterion creating an intimidating effect." Art. 27 - "the person who considers himself / herself harassed may file a claim with a court of law for an award of damages and the restoration of the situation as it was prior to discrimination or the annulment of the situation created by discrimination, according to the law. The lawsuit is free of charge and is not conditional upon prior submission of a complaint with the National Council for Fighting against Discrimination." Law No. 202/2002: Art.2 par. (1) - "Measures to promote equal opportunities and treatment between women and men and to eliminate all forms of discrimination based on sex are applicable in the public and private sector, education, health, culture and information, policy, decision-making, supply and access to goods and services, the establishment, equipping or extension of an enterprise, or the start-up or expansion of any other form of self-employment, as well as in other areas governed by special laws. " Art. 4 par. (1) lit. d1) - "psychological harassment means any inappropriate behaviour that takes place during the period, is repetitive or systematic and involves physical behaviour, verbal or written language, gestures or other intentional acts that could affect the personality, dignity or physical integrity or psychology of a person." Labour Code: Art. 5 par. (2) - "the principle of equal treatment applies to all employees and employers in labour relations. Any direct or indirect discrimination against an employee based on sex, sexual orientation, genetic characteristics, age, membership nationality, race, colour, ethnicity, religion, politics, social origin, disability, family status or responsibility, trade union membership or activity, is forbidden." Art. 5 par. (3) - defines direct discrimination as "acts and deeds of exclusion, slander, restriction or preference, based on one or more of the criteria set forth above, which have as their object or effect the refusal, restriction or removal of recognition, use or exercise of the rights provided for in labour law." Art. 242 - "the internal regulation shall comprise norms on (a) compliance with non-discrimination and removal of all forms of violation of dignity, (d) the procedure for solving individual employee complaints, (e) specific rules regarding work discipline within the organisation, (f) actions and inactions constituting violations of disciplinary rules and related penalties, etc." Art. 253 par. 1 and 2 - "subject to the rules and principles of contractual civil liability, the employer must indemnify the employee if the latter has suffered material or moral damages caused by the employer's fault during the performance of or in connection with the job", and "if the employer refuses to indemnify the employee, the latter may appeal to the competent courts of law." There are also other applicable local and international laws and regulations that may become relevant when it comes to the "grey" zones of harassment and insubordination (see the appendix for a list of the relevant laws).

What is harassment by mobbing and bullying?

Harassment at the workplace usually comprises the following main features:

Offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient's dignity or physical/psychological integrity systematically and repeatedly for a significant period of time, and The harassment causes a...