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Romania Ratifies ILO Convention No. 190: A Commitment to a Workplace Free from Violence and Harassment

What are the effects? Through Law 69/2024, Romania is committed to bring its national legislation in line with the requirements of the International Labour Organisation Convention No 190/2019 (hereinafter “the Convention”).

The Convention has been adopted on a global scale to safeguard workers and other individuals at work. This encompasses employees as defined by national law and practice, individuals who work, irrespective of their contractual status, individuals undergoing training, including trainees and apprentices. Also, workers whose employment relationship has ended, volunteers, jobseekers and job applicants, and individuals exercising the authority, duties or responsibilities of an employer.

Therefore, Romania has an important responsibility. It promotes a general environment of zero tolerance towards violence and harassment in order to facilitate the prevention of such behaviours and practices.

Understanding the Impact of Violence and Harassment at Work: Key Definitions from Convention No. 190/2019

According to the Convention, “violence and harassment” refers to a range of unacceptable behaviours, practices or threats in the workplace.

These acts may occur in isolation or repeatedly, aiming to cause or likely causing physical, psychological, sexual or economic harm.

The definition also includes gender-based violence and harassment as serious forms of misconduct in the world of work.

The Convention recognises that such acts can violate or abuse human rights and threaten equal opportunities at work.

Violence and harassment are deemed unacceptable and incompatible with the principles of decent, respectful and fair working conditions.

As a State party to the Convention, Romania has an obligation to respect, promote and ensure the enjoyment of the right of everyone to a world of work free from violence and harassment.

Measures proposed by the Convention

The measures proposed by the Convention to combat workplace violence and harassment are:

(a) prohibition by law of violence and harassment;

(b) ensuring that relevant policies address violence and harassment;

(c) adopting a comprehensive strategy to implement measures to prevent and combat violence and harassment;

(d) establishing or strengthening enforcement and monitoring mechanisms;

(e) ensuring access to remedies and support for victims;

(f) establishing sanctions;

(g) developing tools, guidance, education and training and raising awareness, in accessible forms as appropriate; and

(h) ensuring effective means of inspecting and investigating cases of violence and harassment, including through labour inspectorates or other competent bodies.

With the ratification of the Convention, the concept of “workplace” now includes situations where violence or harassment occurs during work.

This applies to acts taking place in connection with, or arising out of, professional activities, not just at the physical workplace:

(a) in the workplace, including in public and private places where they constitute a workplace;

(b) in places where the worker is paid, rests or eats, or uses sanitary facilities, washing facilities and changing rooms;

(c) during travel, journeys, training, events or social activities in the course of work;

(d) through work-related communications, including those carried out by means of information and communication technology;

(e) in accommodation provided by the employer; and

(f) while travelling to and from work.

Conclusion

It remains to be seen and monitored what legislative changes will follow to align national laws with the Convention’s provisions.

Romania already has several laws addressing workplace violence, but these legal acts are not fully harmonised or consistently applied.

Legislative instruments expected to be amended include the Labour Code and Government Ordinance No 137/2000 on discrimination prevention and punishment.

Also relevant is Law No 108/1999 concerning the establishment and organisation of the Labour Inspectorate, which may require updates.