Harassment in the workplace, punished by a new draft law submitted to the Parliament

Lately, in the Parliament of Romania, there is no day without obscene gestures and vulgar language, high tone or even scandals. In this context, the independent MP Oana Bîzgan has submitted a new draft law aimed at punishing moral harassment in the workplace. It aims to amend and supplement Government Ordinance no. 137/2000 on the prevention and sanctioning of all forms of discrimination. Also, the modification and completion of Law no. 202/2002 on equal opportunities between women and men.

According to the initiative, the harassment would be disciplined, contraventionally or criminally, depending on the case. This would include hostile or unwanted behavior, verbal comments, actions or gestures of the employer, the supervisor or colleagues that would lead to a deterioration of working conditions by harming rights or dignity, affecting physical or mental health or compromising the professional future, including stress and physical exhaustion at work, would be subject to moral harassment.

Details of the new draft law

Moral harassment at the workplace committed by an employee is punished with a fine from 10,000 to 15,000 lei. Affecting the victim’s physical / mental health or professional future is punishable by imprisonment from 6 months to one year or a fine.

For employers, fines are even higher: from 30,000 to 50,000 lei, respectively from 50,000 to 200,000 lei. The court may also order payment of damages. There can be compensatory and moral damages for the victim, as well as the payment of the psychological counseling that they need.

At the same time, those who are guilty of moral harassment in the workplace may also be sanctioned by the National Council for Combating Discrimination. The fine is between 100,000 and 200,000 lei.

A special provision within the law is the prohibition of moral harassment on the basis of sex. This is all the more important if we remember the extent of the #metoo campaign in Romania. Or we see explicitly sexual allusions and vulgar replicas recently addressed to Members of Parliament and Senators even in the Parliament.

Reasons for the drafted law

The explanatory memorandum of the draft law has over 16 pages and cites multiple scientific studies, documents and provisions of the European institutions, including:

  • Treaty establishing the European Economic Community on the working environment.
  • Decisions of the Court of Justice of the European Union.
  • Charter of Fundamental Rights of the EU.
  • European Parliament resolution 2001/2339 on moral harassment in the workplace.
  • EU framework agreement on stress at work.
  • Framework agreement on harassment and violence in the workplace.
  • EP resolution of 15 December 2011 calling for effective national strategies for combating workplace violence and a common definition of moral harassment in the 28 Member States.
  • Framework Directive 89/391 / EEC on mental health at work.
  • EU strategic framework on health and safety at work 2014-2020.

Recently, a survey of the National Institute of Statistics was carried out on a sample of over 4 million people. This shows that almost a quarter (24.8%) of Romanians declare themselves exposed to factors that could affect their mental and physical health (about 1,100,000 people). Over 250,000 (5.8%) declare themselves exposed to harassment or psychic violence, or the threat of physical violence; pressure or overload in the workplace. Moreover, studies show that, in practice, women are subjected to moral harassment in the workplace to a greater extent than men.

Companies whose work environment is one of harassment decreases their economic performance and profitability.

Independent MP Oana Bîzgan has a career of more than 10 years in management in the private environment. Moral harassment in the workplace also has negative consequences on employers. “Companies whose work environment is one of harassment decreases their economic performance and profitability. The decrease is caused by the absenteeism of the harassed employees, the lack of concentration and the state of confusion, the decrease of the yield, etc. but also through the costs of possible dismissal, of court actions, a new process of recruitment, training and qualification. “

Romania – one of the highest incidences of violence in the workplace.

The MP previously submitted a project that would punish street harassment for the first time in Romania. It also reminds us that our country has one of the highest levels of incidence of violence or threat of violence at work. The statistics are provided by the European Agency for Safety and Health at Work. “Only Bulgaria and Turkey are faring worse,” said the MP.

“In France, a few years ago, there was even a wave of suicides as a result of this type of harassment, since then regulated very strictly. It is not necessary to wait for such tragedies to happen to us. The purpose is not to punish people or companies. On the contrary, the aim is to help prevent this phenomenon through a correct and complete legislative framework to. We do not want to produce effects of any kind, neither on the level of health or of the personal and professional life of the employee, nor on the financial level on the employer ”.

For the drafting of the project, the independent MP previously consulted with Romanian and foreign entrepreneurs / investors, with the civil society and legal specialists. The project was signed by over 70 MPs from all parties, both in power and in opposition, and will most likely enter parliamentary procedure after the holiday.