ROMANIA Trends and Developments Contributed by: Oana Palita and Cosmina Raicu, Eversheds Sutherland Romania
Unionisation and Increase of Employees’ Representativity at the Collective Level
In October 2023, Romania adopted a methodology for preventing and combating harassment, based on gender and moral harassment at the workplace, which requires employers to (among others things): • implement internal procedures and policies tailored to their activity; • designate a responsible person or internal commit - tee to handle harassment complaints; • maintain a register of complaints; • offer support to the victim of the harassment; • conduct annual training; • ensure confidential reporting channels; and • align internal regulations with the local regulations on equal treatment and anti-discrimination. The Romanian Labour Inspectorate (ITM) has intensi - fied inspections, focusing on whether companies have effectively implemented these obligations – not just formally, but in practice. Non-compliance can lead to: • administrative fines of up to RON200,000; The authors are seeing the direct effect of these legis - lative changes as well as an apparent shift in enforce - ment priorities. In the past year, there has been a notable increase in harassment-related complaints, to employers as well as to bodies such as the National Council for Combating Discrimination (CNCD) and the courts. According to the CNCD’s 2023 report, 78% of its decisions were upheld in court, indicating strong legal grounding. This trend also reflects a broader cultural shift: employees are becoming more informed about their rights and more willing to report inappropriate behav - iour, whether it involves sexual harassment, bullying or other forms of misconduct. • civil liability for moral damages; and • criminal complaints, in serious cases. Naturally, there is still a gap in understanding when the tools available under anti-harassment legislation are appropriate. Employers report a mix of legitimate claims, as well as mischaracterisations of workload issues or interpersonal conflicts as harassment. This evolving landscape outlines the need for:
Romania is undergoing a gradual transformation in its labour relations landscape. Unlike many EU coun - tries, Romania no longer has a national-level collective labour agreement. While the national Social Dialogue Law mandates collective bargaining at the company and sectoral levels, sector-wide collective bargaining agreements remain rare. A notable exception is the April 2024 sector-wide collective agreement, applica - ble in the banking sector. While the collective agree - ment was originally negotiated between an employers’ group formed by BCR, BRD, ING, Raiffeisen and Uni - Credit – and, on behalf of the employees, by the Fed - eration of Trade Unions in the Financial Industry and the Federation of Unions in the Insurance and Bank - ing Sector – its applicability was recently extended to the entire banking sector. This agreement introduced minimum wage guarantees, severance pay based on tenure, and provisions on equal opportunities and anti-harassment – marking a significant milestone in Romanian labour relations. Romania is experiencing a shift in labour dynamics as unionisation becomes more common in sectors such as technology, shared services and the creative indus - try. Driven by concerns over workload, job security and fair pay, workers in these fields are increasingly forming unions – a notable change from the past when unions were mostly found in manufacturing, energy and public services. This indicates that younger professionals are becom - ing more informed about labour rights and are pur - suing increased representation in discussions with employers. For companies in Romania, this develop - ment highlights the need for clear communication, active employee engagement and adherence to labour regulations to support a stable work environment. Rise in Workplace Harassment Investigations While EU Directives laid the foundation for workplace harassment prevention, Romania has recently made significant updates in local legislation, transitioning from minimal regulation to a more comprehensive and enforceable framework.
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