During the 108th session of the International Labour Conference of the International Labour Organization, held in Geneva on June 21, 2019, Convention 190/2019 – on eliminating violence and harassment in the world of work – was adopted. In this regard, through Law no. 69/2004, published in the Official Gazette no. 285 on April 2, 2024, the Convention was ratified and entered into force on April 5, 2024. This legislative move implies significant implications for Romania’s legal framework regarding the fight against workplace harassment and ensuring protection for workers against violence and harassment in the various aspects of their professional activities.
The ratification of the convention represents not only a formal commitment but also an obligation for the Romanian state to adopt and implement appropriate legislative measures to prevent and eliminate workplace violence and harassment. This includes harmonizing national legislation to meet the convention’s standards and requirements, which also encompass aspects such as access to reporting procedures and effective resolution of disputes for victims of harassment in a safe and efficient manner.
By adopting this convention, Romania extends protection against harassment and violence to all categories of workers, regardless of their contractual status or the nature of their activities. Thus, it covers people in training periods, including trainees and apprentices, workers whose employment relationships have ended, volunteers, people looking for a job, job applicants, and those who exercise authority, duties, or responsibilities of an employer. Moreover, the convention clarifies that harassment is not limited to the physical workplace but can also occur in contexts such as business travel, work-related events, or online communications.
A significant aspect of the convention is the emphasis on preventing and eliminating workplace violence and harassment through appropriate policies and measures by employers in consultation with workers and their representatives. Additionally, the convention requires member states to ensure easy access to reporting procedures and resolution of disputes in cases of harassment, guaranteeing appropriate remedies and protection for victims.
The effective implementation of the convention’s provisions poses one of Romania’s main challenges, given the complexity of existing legislation and the practical difficulties workers face in reporting and resolving harassment cases.
Convention 190/2019 provides a general framework and guiding principles for combating harassment globally, while the Methodology of October 2023 on moral and sex-based harassment at work offers specific guidelines and practical tools to implement these principles nationally, following the legislation and practices of employers and authorities.
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Ana Maria Nistor – Attorney at Law
