In the context of the new regulations introduced through the methodology of October 12, 2023, regarding the prevention and combating of harassment based on sex and moral harassment in the workplace, employers are now involved in a compliance process. This methodology, which will be implemented starting from April of this year, requires employers to demonstrate to ITM inspectors, in case of inspection, how they apply this methodology at the level of the entire society, highlighting the designated responsible individuals and measures taken to prevent targeted behaviors in the workplace.
Thus, the deadline for establishing their own harassment prevention and combating procedures or adapting existing ones to the new regulations is April 17, 2024. Otherwise, labor inspectors may impose fines for non-compliance with these legal requirements.
According to Government Decision 970/2023, the methodology for the prevention and combating of workplace harassment is mandatory for all employers, without any exceptions based on the number of employees. Therefore, the internal regulations of each employer must be adjusted to comply with these legal provisions (either by including provisions within the internal regulations themselves or in an annex to them).
According to Article 6 of the methodology, both public and private institutions have an obligation to create and implement a unified and coherent framework for integrating the gender perspective and preventing, combating, and managing harassment based on sex and moral harassment in the workplace. This framework includes methods of analysis, management, and resolution of complaints, the prevention of harassment incidents, and the clear definition of roles and responsibilities in this field.
Workplace harassment can take various forms, from overtly offensive behaviors to subtle ones, such as excessively familiar comments or humiliating messages. It is essential to specify that disciplinary sanctions against employees for committed violations or the refusal to approve requests for time off do not constitute harassment.
Internal procedures for the analysis and resolution of complaints can be both informal, through discussions with hierarchical superiors, and formal, by recording and analyzing complaints by designated responsible individuals, in an investigation that complies with legal requirements.
To avoid potential sanctions, it is recommended to adapt the internal regulations to the aforementioned new provisions. Our team is available to answer questions and provide clarifications regarding these new obligations in the field of prevention and combating of workplace harassment.
For any additional questions or clarifications regarding the new obligations and procedures related to the prevention and combating of workplace harassment in 2024, we encourage you to contact us. Our team is available to provide assistance and additional information to support you in adapting the internal regulations to the new legal provisions. We are here to help you manage these significant changes and ensure that your organization remains in compliance with the current regulations.
For further information or any additional inquiries, please do not hesitate to contact us:
➡ Phone: (+4) 031 426 0745
📧 Email: office@grecupartners.ro
We are here to assist and provide legal support for all your needs. We look forward to discussing with you.
