Romanian authorities have also taken important steps during recent years towards finding the best solutions to mitigate this phenomenon. Romania has adopted several laws meant to protect employees and ensure equal treatment at work. These protections apply to everyone working in the country, including foreign employees.
For expats working in Romania, it is useful to understand these rules. Knowing your rights can help you recognize when something is not right and understand what options you have if discrimination occurs.
In this article, we explain how discrimination is defined under Romanian law, what types of behavior are not allowed, and what can happen to employers who break these rules.
How discrimination is defined in Romania
The main law that deals with discrimination in Romania is Government Ordinance no. 137/2000 on preventing and sanctioning discrimination.
According to this law, discrimination means treating someone differently or unfairly because of certain personal characteristics.
These characteristics may include race, nationality, ethnic origin, language, religion, social background, beliefs, gender, sexual orientation, age, disability, chronic illness, HIV infection, or belonging to a disadvantaged group.
In simple terms, discrimination happens when a person is denied equal rights or opportunities because of who they are.
These rules apply to many areas of life, including employment, education, healthcare, and access to public services.
Equal treatment in the workplace
Romanian employment law clearly states that employees must be treated equally at work. Employers are not allowed to make decisions based on a person’s nationality or other protected characteristics.
This principle appears both in Government Ordinance no. 137/2000 and in the Romanian Labor Code.
The rule of equal treatment applies to many situations during employment, such as:
- hiring and recruitment
- signing or ending an employment contract
- assigning job duties
- setting salaries and bonuses
- granting benefits or other rights
- access to training and promotions
- disciplinary measures
- the right to join trade unions
The same rules apply to foreign workers in Romania. Employers cannot treat employees differently simply because they come from another country.
For example, if two employees perform the same job under similar conditions, they should receive similar pay and opportunities, regardless of their nationality.
Harassment and hostile behavior at work
Romanian law also deals with harassment in the workplace. Harassment means behavior that damages a person’s dignity or creates an unpleasant or hostile working environment.
This may include offensive comments, repeated jokes about a person’s background, humiliating behavior, or actions meant to intimidate or isolate someone.
In recent years, Romania introduced additional rules about moral harassment at work through Law no. 167/2020.
Moral harassment usually refers to repeated actions that affect an employee’s psychological well-being or professional situation. Examples may include constant criticism, exclusion from professional activities, or pressure intended to make someone leave their job.
Employers are now expected to take steps to prevent such behavior in their organizations.
In 2023, the Romanian government introduced new rules that encourage companies to adopt internal procedures for dealing with harassment and discrimination complaints.
Discrimination by association
Romanian law also recognizes something called discrimination by association.
This happens when someone is treated unfairly because they are connected to a person who belongs to a protected group.
For example, an employee might face problems at work because their spouse belongs to a certain ethnic group or because they have a child with a disability.
Even though the employee does not belong to that group themselves, the law still considers this situation discrimination.
Protection against retaliation
The law also protects employees who report discrimination. If someone files a complaint or supports another person in a discrimination case, the employer is not allowed to punish or treat them unfairly because of that.
For example, an employee should not be demoted, excluded from projects, or dismissed simply because they reported discrimination.
Such actions may be considered retaliation and can lead to legal consequences for the employer.
Who investigates discrimination cases in Romania
In Romania, the main authority responsible for dealing with discrimination complaints is the National Council for Combating Discrimination (CNCD).
This institution receives complaints, investigates cases, and can apply fines when discrimination is confirmed.
Employees can submit a complaint to the CNCD without going to court.
In some cases, discrimination issues may also be investigated by the Labor Inspectorate or by Romanian courts, especially when employment rights are involved.
What penalties can employers face
Employers who commit acts of discrimination can face financial penalties. According to the Romanian Labor Code, authorities may apply fines between 1,000 and 20,000 lei for each discriminatory action.
Under the anti-discrimination law, the fines can be higher depending on the situation.
If discrimination affects one individual, the fine may range between 1,000 and 30,000 lei.
If discrimination affects a larger group or community, the fine can reach up to 100,000 lei.
These fines are usually imposed by the National Council for Combating Discrimination after investigating a complaint.
Other possible consequences for employers
Financial penalties are not the only risk for employers. In some situations, courts may require companies to correct the situation caused by discrimination.
For example, if an employee is dismissed for discriminatory reasons, the court may order the employer to:
- reinstate the employee in their job
- pay all the salaries the employee would have received during the period they were dismissed
If salary discrimination occurs, the employer may also be required to pay the difference between what the employee received and what they should have received.
In some cases, employees may also receive compensation for emotional or professional harm.
What this means for expats working in Romania
Foreign employees working in Romania benefit from the same legal protections as Romanian citizens. Employers must respect the principle of equal treatment and ensure that all employees work in a safe and respectful environment.
Understanding these rights can help expats feel more confident when working in Romania and know what steps they can take if they experience unfair treatment.
At the same time, companies operating in Romania should make sure their internal policies respect the country’s anti-discrimination laws and promote a fair workplace for everyone.
All resources from category: Employment guiding
