The Senate adopted the amendments to the Labor Code related to workplace harassment. Now, this type of abusive behavior has a clear legal definition. In addition, very importantly, the law establishes that harassment can include not only actions that happen in the physical workplace, but also in contexts related to it, such as in online conversations, during work trips or on the way to and from the office. Of course, there are also measures to protect victims, but also to prevent abuse, which employers will be obliged to implement.
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A better definition of workplace harassment
The law clearly states that ,,violence and harassment in the field of employment relations are prohibited, regardless of whether or not they are related to a criterion of discrimination, and refer to unacceptable behaviors and practices or threats of unacceptable behaviors and practices, regardless of whether they occur in isolation or repeatedly, which harm the dignity of a person or lead to the creation of an intimidating, hostile, degrading, humiliating or offensive environment or are intended to generate, generate or are intended to generate, generate or may cause physical, psychological, sexual or economic harm”.
In addition, protection will be extended beyond the physical workplace, as the new regulations provide that acts of harassment and violence are also those that take place:
- during work trips, as well as during training, training, events or social activities carried out in connection with work;
- through work-related communications, including those made through information and communications technology;
- while traveling to and from work.
“They are updated elements, in line with the realities of the labor market. And they are both technical and substantive additions to existing legislation. (…) From the point of view of necessity, the essence is an extremely important and useful one. Because all employers want to avoid such situations. And then, the clearer the legislation is in this area, the better it will be for any company”says Oana Botolan, expert in organizational consulting and HR strategy.
What obligations will the employer have
The protection of employees against harassment and violence will fall within the scope of “occupational health and safety”, and employers will have to provide information, instruction and training on the identified dangers and risks of violence and harassment, on the associated prevention and protection measures.
“It's clearly a good thing. Because it's like discrimination: theoretically we all think that we are very well prepared and that we know what discrimination means. This is how we think we know what bullying is. However, as we discuss more and more openly about remarks of a certain kind, for example, we realize that some may consider them jokes, while other colleagues may consider them harassment. I think the need for discussions about these things is clear. And, yes, having to take a course isn't a bad thing at all.” says Oana Botolan.
At the same time, in situations where there is a serious danger to the life, health or safety of employees due to violence and harassment, the employer will be able to temporarily change the place or type of work, at the request of the employee. If this is not possible, he will be obliged to offer paid days off.
Regulation that raises questions
Employers will also have the obligation to designate at least one employee to whom to assign, through the job description, duties in the field of preventing and combating violence and harassment in the field of labor relations.
“From a logistical point of view it is not difficult, because just as there is a person responsible for everything related to health at work, a person responsible for everything related to GDPR, obviously a colleague can be identified or hired for this task”says the expert in organizational consulting.
However, there may be questions about the confidence employees will have in reporting bullying situations to another colleague.
“I tell you honestly, I am not convinced that this person is good to be a colleague from the same company. Maybe I am influenced by the fact that in large, multinational companies, this person or commission is from another country, from a completely different place, precisely so that there is no risk of fear on the part of the victim in anonymously announcing any suspicious situation.
I, for example, if I were the victim of any kind of harassment by a colleague, I would have a harder time calling colleague x or colleague y, who I know knows both me and the bully. Whereas if I announce someone who is a total stranger to the team, to the company, I have a greater sense of objectivity and impartiality, at least on a psychological level”Oana Botolan draws attention.
The law brings more responsibility, but also more bureaucracy
The expert in organizational consulting also brings up the bureaucratic challenges.
“As with any change in legislation, the problem arises related to the level of bureaucracy required. How complicated is it to implement and enforce the new law? And here I think a little analysis is needed, to see how much the new form of the law helps the core issue and how much it makes it more difficult to supplement companies where these things were already happening, there were already all the policies, all the procedures, everything related to the hotline through which you can report any possible harassment or violence of any kind. There's always that risk, but the essence and the main objective I think are very, very useful ones.” is Oana Botolan's opinion.
Fines for non-compliance with the new regulations range from 30,000 to 50,000 lei.
