RELEVANT REGULATIONS:

• Government Decision no. 970/2023 for the approval of the Methodology on preventing and combating harassment based on sex, as well as moral harassment at the workplace which includes the Guidelines on preventing and combating harassment on the basis of sex, as well as moral harassment at workplace (the "Guidelines").

WHO HAS THE OBLIGATION TO APPLY THE GUIDELINES?

• All private employers as well as civil and military central and local public administration institutions and authorities.

STARTING DATE WHEN THE OBLIGATION FOR EMPLOYERS TO APPLY THE GUIDELINES BECOMES MANDATORY

• Starting with April 17,2024 employers must implement internally the Guidelineson preventing and combating moral harassment and sex-based harassment in the workplace.

HOW CAN THE GUIDELINES BE IMPLEMENTED BY EMPLOYERS?

1. by amending the Internal Regulations applicable at the level of the employer;

   or

2. by implementing a distinct anti-harassment policy at the workplace.

RELEVANT ASPECTS REGARDING THE IMPLEMENTATION OF THE GUIDELINES

• The employer will designate a person or a committee to receive and solve the harassment cases at the level of the employer and to ensure that the process of solving the harassment complaint is carried out by observing confidentiality and within maximum45 business days from the date the harassment complaint is made;

• When nominating the committee for receiving and solving harassment cases, the employer will consider the following requirements:

  1. gender balance – equal representation of women/men, depending on the specifics of the field of activity;

  2. the ethical and professional conduct of the persons appointed to be part of the committee that will investigate the case of harassment;

  3. none of the persons involved directly or indirectly in the reported events and the head of the unit can be part of the investigation committee;

  4. as the case may be, the union/employee representative is part of the committee;

  5. the need to include people with skills in the field, i.e. equal opportunities expert/technician;

  6. the possibility of introducing an external expert into the team.

     The committee will have at least three members, one substitute member and one secretary.;





• The employer must create a register for registering the harassment complaints.

• The employer willinform and train employees on the application of the provisions of the Guidelines – the procedure to prevent and combat harassment at work place.

• The employer willharmonize and correlate the procedure for preventing and combating harassment at the workplace with the provisions of the other policies applicable at the level of the employer (e.g. the code of conduct, the internal regulations, whistleblowing policy, etc.)