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Amended framework for discrimination in the Labour Code

Law No. 53/2003 – Labour Code („Labour Code”) has undergone recent amendments[1] as regards the legal framework and sanctioning regime for discrimination related deeds.

The rules contained within the Labour Code have been amended with a more extensive definition of direct and indirect discrimination, as well as completed with the express definitions of harassment, of discrimination by association, as well as of victimization. Moreover, the sphere of the legal criteria for evaluating discrimination has been extended, in order to ensure coherence with other enactments[2] in force.

In addition, the Labour Code now expressly provides that any behaviour consisting in ordering a person, either in writing or verbally, to use a form of discrimination based on one of the legal criteria, against one or more persons will be regarded as discrimination.

The text also states that the exclusion, differentiation, restriction or preference as regards a place of work will not be regarded as discrimination if there are certainly essential and determined professional requirements imposed by the specific nature of the activity in discussion or of the conditions under which the respective activity is performed, provided that the purpose is legitimate and the requirements are proportionate.

Failure to observe these provisions constitutes an administrative offence, and it is sanctioned with fines ranging from RON 1,000 to RON 20,000.

The enactment is in force as of July 27th, 2020.

Using the electronic register for day labourers

The rules on filling in and submitting the electronic register for day labourers were recently published within the Official Gazette[3]. These rules have entered into force on July 25th, 2020, and consequently, the relevant application has also become mandatory.

The obligation to fill in and submit this register is incumbent upon the legal entities, freelancers, individual and family undertakings for which the daily workers perform occasional unqualified activities.

 

[1] Law No. 151/2020 for the amendment and completion of Law no.53/2003 – Labour Code, published within the Official Gazette, Part I, no. 658 dated July 24th, 2020;

[2] Government Ordinance No. 137/2000 regarding the prevention and sanctioning of all discrimination forms, republished within the Official Gazette, Part. I No. 166 dated March 7th, 2014.

[3] Order No. 1140/2020 for the approval of the Methodology for filling in and submitting the Electronic register for daily workers, as well as for the registrations to be performed therein, published within the Official Gazette, Part I No. 651 dated July 23rd, 2020.

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