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HARASSMENT AND DISCRIMINATION AT WORK HAVE BEEN REDEFINED BY THE LABOUR CODE

Following the publication of Law 151 of 23 July 2020 in the Official Gazette No. 658 of 24 July 2020, additions and amendments to the Labour Code were made in terms of discrimination against employees.

Thus any discrimination, direct or indirect, against an employee, by association, harassment or victimization, on the basis of race, nationality, ethnicity, color, language, religion or social origin, genetic characteristics, sex, sexual orientation, age, disability, chronic non-malattie contagiose, HIV infection, political option, family situation or responsibility, membership or trade union activity, membership in a disadvantaged category is prohibited.

What is discrimination for association, harassment and victimization?

Discrimination by association consists of any act or act of discrimination against a person who, although not belonging to a category of persons identified in accordance with the above criteria, is associated or presumed to be associated with one or more persons belonging to that category of persons.

Harassment consists of any type of behaviour based on one of the above criteria and which has as its purpose or effect the damage to the dignity of a person and leads to the creation of an intimidating, hostile, degrading, humiliating or offensive environment.

Victimization is any unfavourable treatment, the committee must be informed of the reasons for the decision.

A supplement under this Act will also be made for dismissal of employees who are prohibited due to race, nationality, ethnicity, color, language, religion, social origin, genetic characteristics, sex, sexual orientation, age, disability, chronic non-contagious diseases, HIV infection, political option, family situation or responsibility, membership or trade union activity, belonging to a disadvantaged category.

What is not discrimination?

However, they shall not constitute discrimination, exclusion or distinction, restriction or preference in relation to a particular activity where, due to the specific nature of the activity in question or the conditions under which the activity is carried out, there are certain essential and determining professional requirements, provided that the purpose is legitimate and proportionate.

What are the penalties?

Failure to comply with these provisions constitutes a crime and is punishable by a fine ranging from 1,000 lei to 20,000 lei.

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