Information for employees and employers
Every person has the right to a work environment based on respect, dignity and equal opportunities and treatment, free from harassment and discrimination.
In Romania, the prevention and combating of harassment on grounds of sex and moral harassment in the workplace are regulated, primarily, by Law No. 202/2002 on equal opportunities and equal treatment between women and men, republished, as subsequently amended and supplemented, Government Ordinance No. 137/2000 on the prevention and sanctioning of all forms of discrimination, republished, as subsequently amended and supplemented, and Government Decision No. 970/2023 approving the Methodology on the prevention and combating of harassment on grounds of sex, as well as moral harassment in the workplace, as subsequently amended and supplemented.
This section is intended to facilitate employees’ and employers’ access to information on the identification, prevention and management of harassment situations, as well as to information on reporting mechanisms and the institutions with responsibilities in this field.
- UNDERSTANDING HARASSMENT
- What is harassment on grounds of sex?
According to Article 4(c) of Law No. 202/2002, harassment means:
“the situation in which an unwanted conduct related to the sex of the person occurs, with the purpose or effect of violating the dignity of the person concerned and creating an intimidating, hostile, degrading, humiliating or offensive environment.”
- What is sexual harassment?
According to Article 4(d) of Law No. 202/2002, sexual harassment means:
“the situation in which unwanted conduct with a sexual connotation occurs, expressed physically, verbally or non-verbally, with the purpose or effect of violating a person’s dignity and, in particular, of creating an intimidating, hostile, degrading, humiliating or offensive environment.”
- What is moral harassment in the workplace?
According to Article 2(5^1) of Government Ordinance No. 137/2000, moral harassment in the workplace constitutes, and is subject to disciplinary, contraventional or criminal sanctions, as applicable:
“any conduct exercised with regard to an employee by another employee who is his or her hierarchical superior, by a subordinate and/or by an employee at a comparable hierarchical level, in connection with employment relationships, which has as its purpose or effect a deterioration of working conditions by violating the employee’s rights or dignity, affecting his or her physical or mental health or compromising his or her professional future, such conduct being manifested in any of the following forms:”
- a) hostile or unwanted conduct;
- b) verbal comments;
- c) actions or gestures.
According to Article 2(5^2) of Government Ordinance No. 137/2000:
“Moral harassment in the workplace constitutes any conduct which, by its systematic nature, may harm the dignity, physical or mental integrity of an employee or group of employees, endangering their work or degrading the working environment.”
Within the meaning of the law, stress and physical exhaustion fall within the scope of moral harassment in the workplace.
According to Article 6(1)–(4) of Law No. 202/2002, the following are prohibited:
“(1) (…) any form of discrimination based on sex in the areas referred to in Article 2(1).
(1^1) Any conduct of harassment, sexual harassment or psychological harassment as defined by this law is prohibited, both in the public and private spheres.
(2) Any order or instruction to discriminate against a person on grounds of sex is prohibited.
(3) Family status and marital status may not constitute grounds for discrimination.
(4) Rejecting harassment or sexual harassment by a person, or subjecting a person to such conduct, may not be used as a justification for a decision adversely affecting that person.”
According to Article 6(5) of Law No. 202/2002, the following are not considered discrimination:
“a) special measures provided by law for the protection of maternity, childbirth, the postnatal period, breastfeeding and child-rearing;
b) positive actions for the protection of certain categories of women or men;
c) a difference in treatment based on a sex-related characteristic where, due to the nature of the specific professional activities concerned or the context in which they are carried out, such characteristic constitutes a genuine and determining occupational requirement, provided that the objective is legitimate and the requirement is proportionate.”
- What is the difference between harassment on grounds of sex, sexual harassment and moral harassment?
The three concepts are distinct and are regulated by specific legal provisions:
- harassment on grounds of sex involves unwanted conduct related to a person’s sex which has as its purpose or effect violating that person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment;
- sexual harassment involves unwanted conduct with a sexual connotation, expressed physically, verbally or non-verbally, which has as its purpose or effect violating a person’s dignity and, in particular, creating an intimidating, hostile, degrading, humiliating or offensive environment;
- moral harassment in the workplace concerns conduct exercised in connection with employment relationships which has as its purpose or effect a deterioration of working conditions by violating the employee’s rights or dignity, affecting his or her physical or mental health, compromising his or her professional future or degrading the working environment.
Depending on the nature and specific circumstances of the acts, a situation may raise issues relating to one or more forms of harassment.
- RECOGNISING HARASSMENT BEHAVIOURS
- How is harassment defined in the Guide approved by Government Decision No. 970/2023?
The Methodology on the prevention and combating of harassment on grounds of sex, as well as moral harassment in the workplace, approved by Government Decision No. 970/2023, is accompanied by the Guide on the prevention and combating of harassment on grounds of sex, as well as moral harassment in the workplace.
The Guide is a model which may be adapted by each employer to the specific nature of its activity and working conditions, while observing the deadlines and principles laid down in the methodology.
According to point 5.1 of the Guide:
“Harassment is unwanted conduct, including sexual conduct, which causes a person to feel offended, humiliated or intimidated.”
This includes situations in which a person is asked to engage in sexual activities as a condition of employment, as well as situations that create a hostile, intimidating or humiliating environment.
According to the Guide, harassment involves several incidents and/or actions of a repetitive nature, constituting physical, verbal and non-verbal harassment.
The definitions provided by Law No. 202/2002 and Government Ordinance No. 137/2000 apply accordingly to the legal assessment of specific situations.
- To whom do the provisions of the Guide apply?
The provisions of the Guide apply to all employees, as well as to persons with whom they interact during working hours.
Harassment may occur both between persons of different sexes and between persons of the same sex.
Harassment is a manifestation of power relations and may also occur in unequal workplace relationships, for example between the management of an institution and employees, but not exclusively.
Power relations may take multiple forms and may manifest themselves subtly and unpredictably.
Any type of harassment is prohibited both in the workplace and outside it when it concerns participation in various events, business trips, training sessions or conferences, including in relation to the institution’s beneficiaries.
- What are examples of behaviours that may constitute harassment?
The Guide provides that examples of conduct or behaviours constituting harassment in the workplace include, but are not limited to:
Physical conduct
- unwanted, repeated physical contact, including inappropriate touching of the body;
- physical violence, including sexual assault;
- the use of threats or workplace-related rewards to solicit sexual favours.
Verbal conduct
- comments about an employee’s appearance, age or private life;
- sexual comments;
- sexual stories and jokes;
- sexual advances;
- repeated and unwanted social invitations for dates or physical intimacy;
- insults related to an employee’s sex or other characteristics;
- overly familiar remarks;
- sending humiliating, degrading or sexually explicit messages by telephone, e-mail or any other means of communication, where these are made systematically/repeatedly and where they are intended to, result in, or are likely to lead to physical, psychological or sexual harm.
Non-verbal behaviour
- displaying suggestive or sexually explicit material;
- sexually suggestive gestures;
- whistling;
- staring, where this is done systematically/repeatedly.
Other examples
- displaying or disseminating offensive or indecent material;
- insinuations, insults or obscene or sexist/racist/homophobic remarks, made systematically/repeatedly;
- using offensive language when describing a person with a disability or ridiculing a person with a disability;
- comments about a person’s physical appearance or character likely to cause embarrassment or distress;
- unwanted attention, such as spying, persistent following, teasing, overly familiar behaviour or unwanted verbal or physical attention;
- making or repeatedly sending unwanted telephone calls, SMS messages, e-mails, social media messages, faxes or letters with sexual or hostile connotations or affecting a person’s private life;
- unjustified, inappropriate or persistent questions about a person’s age, marital status, personal life, interests or sexual orientation, or similar questions about a person’s racial or ethnic origin, including their culture or religion;
- unwanted sexual advances, repeated requests for a date or threats;
- suggestions that sexual favours may lead to professional promotion or that, if such favours are not granted, the person’s career will suffer.
Important: the above examples must be analysed in the specific context in which they occurred. The list is not exhaustive, and the legal classification of a situation is made by reference to the applicable legal provisions and the specific circumstances.
III. WHAT DOES NOT, IN ITSELF, CONSTITUTE HARASSMENT?
- Does any criticism, feedback or management measure constitute harassment?
No.
The legitimate exercise of the employer’s prerogatives does not, in itself, constitute harassment.
The Guide provided in the Annex to Government Decision No. 970/2023 gives, by way of example, the following situations:
- direct supervision of employees, including setting performance expectations and providing feedback;
- taking measures to correct performance deficiencies, including placing an employee on a performance improvement plan;
- taking reasonable disciplinary measures;
- issuing directives regarding duties, the manner and timing of performing work;
- requesting updates or reports;
- approving or refusing requests for time off.
These examples do not, however, exclude the possibility that the specific manner in which managerial prerogatives are exercised may be assessed where conduct exceeding the legitimate exercise of those prerogatives is alleged.
- WHERE AND WHEN CAN HARASSMENT OCCUR?
- Can harassment occur only at the employer’s premises?
No.
The provisions of the Guide apply to employees and persons with whom they interact during working hours.
Harassment may occur both within hierarchical relationships and between persons in comparable positions and is not limited to the relationship between a superior and a subordinate.
The prohibition also applies outside the employer’s premises or usual workplace where the situation is connected with professional activity, including during events, business trips, training sessions or conferences.
- WHEN CAN I REPORT A HARASSMENT SITUATION?
- Do I have to wait until the situation becomes serious before making a report?
No.
According to Article 7(1) of the methodology approved by Government Decision No. 970/2023, a case of harassment on grounds of sex and moral harassment in the workplace may comprise several distinct situations, depending on its evolution.
The alleged victim may lodge a complaint/report at any of these stages, including in relation to:
- a) differences of opinion or minor interpersonal conflicts which can be resolved at the level of the persons involved but which, if left unresolved, may escalate;
- b) the gradual development of a state of tension through systematic/repeated aggressive actions directed by one person or a group of persons against another person;
- c) an intensified state of tension requiring intervention by the employer’s/manager’s representatives to mediate the conflict in order to prevent its escalation;
- d) stigmatisation and/or social isolation in the workplace, dismissal or coercion of the victim to resign from employment, thereby reducing the victim’s chances of finding other employment.
Therefore, a person may seek support and use the mechanisms provided by the methodology before the situation reaches a serious or irreversible stage.
- To whom can I submit a complaint or report?
The victim may submit the complaint/report to the designated responsible person or to the committee established at the employer’s level for receiving and resolving harassment cases.
- Do I have to tell the person directly that the behaviour is unwanted?
Not in all situations.
Within the informal procedure, the methodology provides for the possibility for the person subjected to harassment to inform the alleged harasser directly that they perceive the conduct as unwanted and disturbing.
There are, however, situations in which this is not possible or safe for the victim. For example, the alleged harasser may be the victim’s superior or even the person designated to manage harassment cases.
In such situations, the victim may contact the alleged harasser’s hierarchical superior, another management representative, the employees’ representative or the trade union representative.
Choosing an informal resolution does not prevent the victim from subsequently requesting a formal resolution if the harassment continues.
- HOW CAN I MAKE A REPORT?
- To whom can I submit a complaint or report?
A report may be addressed to the responsible person or to the committee designated/established at the level of the institution or employer to receive and resolve harassment cases.
Every employer has an obligation to establish the mechanisms necessary for the prevention, identification and management of harassment situations.
- In what form can I submit a report?
According to the methodology, a report may be submitted:
- in writing, handwritten;
- in writing, electronically;
- verbally, in which case a report/minutes are drawn up.
Following the amendments made to the methodology in 2025, a written report may also be examined where it is not endorsed by a handwritten signature, if it contains data and information relating to acts of harassment.
- Can I make a report without disclosing my identity?
Yes.
The methodology provides that, if the written report does not contain the victim’s first and last name and contact details, it shall nevertheless be examined and resolved if it contains data and information concerning acts of harassment on grounds of sex or moral harassment.
This possibility does not remove the need to comply with data protection and confidentiality rules in the process of analysing the situation.
VIII. WHAT HAPPENS AFTER I SUBMIT A REPORT?
- What does the responsible person or committee do after receiving the report?
The responsible person or committee must, among other things:
- register the complaint/report and the relevant information;
- ensure that the victim understands the applicable procedure;
- keep a confidential record of discussions;
- respect the victim’s choice;
- inform the victim of the possibility of notifying other competent institutions.
During the procedure, the victim may benefit from the support of a counsellor within the institution/employer and may be assisted by a trade union or employees’ representative.
The victim must also be informed of the possibility of requesting legal or psychological counselling.
- What is a case report?
After receiving the report, the responsible person or committee prepares a case report.
It may include:
- the information provided through the report;
- relevant dates, times and facts;
- information resulting from the victim’s guidance and counselling process;
- the alleged harasser’s point of view;
- proposed protection measures, as appropriate;
- other information relevant to the analysis of the situation.
The case report is prepared within a maximum of 7 working days from the submission of the complaint/report.
- What happens during the investigation?
As part of the procedure, the responsible person/committee:
- interviews the victim and the accused person separately;
- may interview other relevant persons;
- analyses the available information;
- prepares the investigation report;
- records the findings and proposed measures;
- keeps the records relating to the case confidential.
If the facts are confirmed, ways of resolving the report are proposed, taking into account the victim’s situation and needs.
If it cannot be established whether the facts occurred, recommendations may be made to protect the working environment, including information and awareness-raising measures or the establishment of support groups.
- How long does the procedure take to be completed?
According to the Guide provided in the Annex to the methodology approved by Government Decision No. 970/2023, the process for resolving the complaint/report must be completed no later than 45 working days from the date the complaint/report is submitted.
At the end of the procedure, the responsible person/committee prepares a final report detailing the investigations, findings and proposed measures, as appropriate, and submits it to the management of the institution/employer.
- WHAT RIGHTS DOES THE VICTIM HAVE DURING THE PROCEDURE?
- Does the victim benefit from protection and confidentiality?
Yes.
The methodology and the Guide provide that harassment situations must be dealt with seriously, promptly and under conditions of confidentiality.
The identity data of the persons involved must be protected, and persons managing harassment cases have confidentiality obligations.
The victim may benefit from support and counselling and may be assisted by a trade union or employees’ representative.
- Do I have to prove that the person intended to harm me?
In the case of moral harassment in the workplace, an intention to cause harm does not have to be proven.
According to Government Ordinance No. 137/2000, the employee who is the victim must prove the factual elements of moral harassment, while the burden of proof lies with the employer, under the conditions of the law. According to Article 2(5^7) of Government Ordinance No. 137/2000:
“The employee who is the victim of moral harassment in the workplace must prove the factual elements of moral harassment, the burden of proof resting with the employer, under the conditions of the law. The intention to cause harm through acts or deeds of moral harassment in the workplace does not have to be proven.”
- WHAT OBLIGATIONS DOES THE EMPLOYER HAVE?
- According to Article 2(5^5) of Government Ordinance No. 137/2000:
“The employer has the obligation to take all necessary measures for the purpose of preventing and combating acts of moral harassment in the workplace, including by providing in the internal regulations of the unit for disciplinary sanctions against employees who commit acts or deeds of moral harassment in the workplace.”
In addition, Article 7(4) of the methodology approved by Government Decision No. 970/2023 establishes the following obligations for employers/managers:
- a) implementing the methodology, adapted to the specific situation of the employer/manager, with the proviso that each employer may develop its own guide on the prevention and combating of harassment on grounds of sex, as well as moral harassment in the workplace, adapted to the specific working conditions, while observing the deadlines and principles set out in the Annex to the methodology;
- b) incorporating the provisions of Government Ordinance No. 137/2000 on the prevention and sanctioning of all forms of discrimination and of Law No. 202/2002 on equal opportunities and equal treatment between women and men into the internal regulations;
- c) prohibiting and sanctioning any actions that may lead to moral harassment in the workplace or harassment on grounds of sex;
- d) taking steps to create a framework of prevention and protection measures in cases of harassment on grounds of sex and moral harassment in the workplace by training employees in order to raise awareness of and prevent harassment;
- e) informing and training all employees by organising annual training courses on the provisions of the methodology;
- f) disseminating the methodology through all internal means of communication/information for employees.
- Must there be a responsible person or a committee?
Yes.
The head of the institution/employer appoints, by administrative act, a responsible person or establishes a committee for receiving and resolving complaints/reports concerning harassment.
Where a committee is established, it must comply with the conditions laid down in the Guide, including those concerning gender balance, ethical and professional conduct, avoidance of conflicts of interest and, where appropriate, the participation of a trade union/employees’ representative, an equal opportunities expert/technician or an external expert.
- What obligations does the employer have regarding informing employees?
The employer must inform and train employees regarding the provisions of the methodology.
The methodology provides for the annual organisation of training courses on its provisions and dissemination of the methodology through internal communication and information channels.
- WHAT HAPPENS IF HARASSMENT IS CONFIRMED?
- What sanctions may be applied?
A person found to have committed acts or deeds of harassment may incur disciplinary, contraventional or criminal liability, as applicable.
In the case of moral harassment in the workplace, Government Ordinance No. 137/2000 expressly provides for disciplinary liability, without excluding, as applicable, contraventional or criminal liability.
The nature and severity of sanctions depend on the facts established and the applicable legal framework.
- Can the employer be sanctioned?
Yes.
Government Ordinance No. 137/2000 establishes specific obligations for employers concerning the prevention and combating of moral harassment and provides sanctions for failure to comply with these obligations.
XII. WHO CAN I CONTACT?
- Whom can I contact if I am facing a harassment situation?
First, the mechanism established at the employer’s level may be used – the responsible person or the committee for receiving and resolving harassment cases.
Depending on the nature of the situation and the legal competences involved, the person concerned may also contact other competent institutions.
National Agency for Equal Opportunities between Women and Men – ANES
ANES provides support, guidance and methodological coordination to central and local public administration institutions and authorities, civilian and military, as well as to private companies, in applying the provisions of the methodology.
Labour Inspectorate and Territorial Labour Inspectorates
The Ministry of Labour and Social Solidarity, through the Labour Inspectorate, ensures the exercise of control over the application of the provisions of the methodology, within its specific competences, and annually transmits to ANES cases of non-compliance with its provisions.
National Council for Combating Discrimination – CNCD
In situations falling within its competences, CNCD may be notified of acts of discrimination and harassment regulated by anti-discrimination legislation.
Courts
Persons whose rights have been violated may use the judicial remedies provided by law, under the conditions and within the time limits established by the applicable legislation.
Criminal investigation authorities
Where the facts may constitute the elements of a criminal offence, the person concerned may contact the competent criminal investigation authorities.
Important: the competent institution depends on the specific nature of the situation reported. ANES does not replace institutions and authorities that have legal competence to carry out inspections, establish facts, impose sanctions or resolve an individual situation.
XIII. WHAT CAN ANES DO?
- What is the role of ANES?
According to Government Decision No. 970/2023, ANES has the role of providing support, guidance and methodological coordination in applying the methodology on the prevention and combating of harassment.
ANES monitors the implementation of the methodology and annually publishes a report on the status of implementation of its provisions, based on reports submitted by public institutions and authorities.
- Can I request information from ANES concerning the application of the methodology?
Yes.
Employees, employers, institutions and other interested persons may request information and guidance from ANES concerning the application of the methodology, within the limits of the Agency’s legal competences.
Requests may be submitted through the communication channels made available by ANES.
ANES routinely provides support and guidance through responses to requests, written and telephone communication, meetings and working sessions, online sessions, and information and awareness-raising activities.
The official ANES website also provides digital tools through which interested persons may submit requests.
- Can ANES resolve my individual case?
The role of ANES is to provide support, guidance and methodological coordination in applying the provisions of the methodology.
ANES does not replace the responsible person/committee designated at the employer’s level, nor the institutions or authorities competent to carry out inspections, establish facts, impose sanctions or resolve individual situations, in accordance with the law.
Depending on the situation presented, ANES may provide information and guidance regarding the legal and methodological framework and may direct the person concerned to the competent mechanism or institution.
XIV. WHERE CAN I FIND THE LEGISLATION AND USEFUL INFORMATION?
- What are the main relevant legal acts?
For complete information, consultation of the following is recommended:
- Law No. 202/2002 on equal opportunities and equal treatment between women and men, republished, as subsequently amended and supplemented;
- Government Ordinance No. 137/2000 on the prevention and sanctioning of all forms of discrimination, republished, as subsequently amended and supplemented;
- Law No. 167/2020, which introduced into Government Ordinance No. 137/2000 specific provisions concerning moral harassment in the workplace;
- Government Decision No. 970/2023 approving the Methodology on the prevention and combating of harassment on grounds of sex, as well as moral harassment in the workplace;
- the Guide on the prevention and combating of harassment on grounds of sex, as well as moral harassment in the workplace, provided in the Annex to the methodology.
[Link – https://legislatie.just.ro/Public/DetaliiDocument/293404 ]
DO YOU NEED INFORMATION OR GUIDANCE?
If you are facing a situation that you consider to be harassment, you are not sure whether certain behaviour falls within the scope of harassment, or you do not know whom to contact, you can request information and guidance.
ANES is available, within the limits of its legal competences, to provide information and guidance on the application of the methodology on the prevention and combating of harassment.