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Preventing and combating gender – based and moral harassment in the workplace – New obligations for employers

The issuance of Government Decision No. 970/2023 on October 12, 2023, approving the Methodology for the prevention and combating of gender-based and moral harassment in the workplace, has led to the imposition of new obligations on employers.

Employers are required to establish and implement a unified and coherent framework concerning both the integration of gender perspective and the prevention, combating, and management of situations of gender-based and moral harassment in the workplace. This involves the introduction of measures targeting:

1. Methods for analyzing, managing, and resolving reports of gender-based and moral harassment in the workplace.
2. Preventing acts of harassment following the analysis and resolution of cases at the employer/institution level.
3. Defining the roles and concrete responsibilities in this field, both for the employer/manager and the employees.

Furthermore, employers are now obligated to inform and train all employees through organizing annual training courses on the provisions of the methodology. The courses aim to prepare employees for awareness and prevention of harassment.

Beyond training related to health and safety at work, personal data processing, or updates to work systems, employers must now also organize training sessions on workplace harassment for employees.

To facilitate the implementation of these measures, Government Decision No. 970/2023 provides a guide that aims to become an instrument ensuring an optimal working environment based on equal respect for human dignity. It seeks to provide all employees, regardless of gender, with the necessary conditions for a climate where trust, empathy, understanding, professionalism, and dedication to the common interest prevail.

Therefore, employers are obligated to implement the Methodology outlined in Government Decision No. 970/2023, with the provision that each employer can develop their own guide on preventing and combating gender-based and moral harassment in the workplace. This involves amending the Internal Regulations in accordance with the new legal provisions.

It is crucial to note that these obligations apply to employers regardless of the number of employees they have.

Regarding the control of compliance with these obligations, the responsibility falls on the Ministry of Labor and Social Solidarity through Labor Inspection.

The sanctions that employers/managers risk for not complying with the provisions of Government Decision No. 970/2023 are outlined in Law 167/2020 and can result in fines of up to 200,000 lei.

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.

Ana Maria Nistor – Attorney at Law

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