Amendments in the field of preventing and combating gender-based harassment and workplace moral harassment
On 3 February 2025, Government Decision No. 27/2025 amending and supplementing the Methodology on preventing and combating gender-based harassment and moral harassment in the workplace, approved by Government Decision No. 970/2023 (the "Decision") entered into force.
The Decision mainly introduces a number of additional obligations for employers in applying the legislation in the field of preventing and combating harassment based on sex and moral harassment at the workplace, as follows:
▸ The obligation to register and resolve anonymous complaints lodged by victims. If the complaint does not contain the name, surname, contact details of the victim, it shall be examined and resolved if it contains data and information relating to acts of gender-based harassment or moral harassment;
▸ The obligation to adopt measures to raise awareness and access to administrative protection procedures for victims;
▸ The obligation to adopt procedures that include methods of verification and victim support, as well as preventive mechanisms consisting of specialized counseling and guidance for persons who report acts of gender-based harassment or moral harassment.
According to the legal provisions, employers have the obligation to take any necessary measures to prevent and combat gender-based harassment and moral harassment in the workplace. Failure to comply with this obligation may trigger fines of up to RON 50,000.
The procedure for the application of the mechanism for establishing and updating the guaranteed minimum gross basic salary
On 6 February 2025, the Decision No. 35/2025 on the approval of the procedure for the application of the mechanism for establishing and updating the guaranteed minimum gross basic salary (the "Decision") entered into force.
According to the Decision, the guaranteed minimum gross basic salary (the "Minimum Salary") is established and updated annually by the sum of the average annual rate of inflation forecast and the forecast annual real growth rate of labor productivity, according to a calculation formula set out in the Decision.
The correspondence between the calculation formula for the establishment of the Minimum Salary and the criteria taken into account for the establishment of the Minimum Salary is as follows:
a. The purchasing power of minimum salaries taking into account the cost of living is reflected in the calculation formula by the inflation rate;b. The general level of salaries and their distribution is reflected in the calculation formula by the ratio of the gross minimum basic salary to the average gross monthly earnings;
c. The growth rate of salaries shall be reflected in the calculation formula by the evolution of the average gross monthly earnings taken as the denominator in the ratio of the minimum gross basic salary to the average gross monthly earnings;
d. Long-term productivity levels and developments are reflected in the calculation formula by the real growth rate of labor productivity.
If the ratio between the value of the Minimum Salary applying the calculation formula and the forecasted average gross monthly earnings is less than 52%, it is negotiated within the National Tripartite Council for Social Dialogue within the limits of the indicative level (between 47%-52%) of the benchmark for assessing the adequacy of the Minimum Salary.
The employer may not dismiss the employee who is in the period of payment of the insertion incentive, but may apply other disciplinary sanctions
By Decision no. 417/2024, binding as of 10 February 2025, the Constitutional Court of Romania ("CCR") established that the legal provisions regarding the protection granted to employees in the period of payment of the insertion incentive, by prohibiting their dismissal during the period of payment of the insertion incentive, are constitutional, non-discriminatory and do not violate the principle of equal rights.
At the same time, the CCR stated that the legal prohibition of dismissal of an employee during the period of payment of the insertion incentive does not concern the disciplinary liability of the employee, but is limited to dismissal, which, in the case of disciplinary liability of the employee, implies the prohibition of the application of the disciplinary sanction of termination of the individual employment contract, but not the prohibition of the application of another disciplinary sanction.
