Employment Flash News No. 10/2015

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News on equality of chances and treatment between women and men

Law no. 229/2015 for the amendment and completion of Law no. 202/2002 regarding the equality of chances and treatment between women and men was published within the Official Gazette no. 749 from October 7, 2015.

According to the new legal provisions, when the employee comes back from the maternity leave, child raising leave (until the child reaches the age of 2 years or 3 years, in case the child has a disability), or paternity leave, the employee is entitled to a professional reintegration program. The duration of this program will be established within the internal regulation and must last at least 5 working days. Noncompliance with these provisions represents an administrative offence, and the labour inspectors could apply a fine ranging from 3.000 RON (approx. EUR 670) to 100.000 RON (approx. EUR 23,000).

Also, based on the new legal provisions a new authority was established –The National Agency for Equality of Chances between Women and Men (ANES), that will take over the Department for Equality of Chances between Women and Men established within the Ministry of Labour, Family, Elderly Persons and Social Protection. The Agency will focus on updating the national legislation to the European provisions in this respect and will ensure the active implementation of the gender perspective in national policies and programs. The National Committee in the Field of Equality of Chances between Women and Men (CONES) will continue its activity but under the supervision of ANES.

The new provisions are also adding a definition of the psychological harassment as being any unjustified behavior which takes place during a period of time, is repetitive or systematic and involves physical behavior, written or verbal language, gestures or any other intentional acts that may affect the personality, dignity, physical or psychological integrity of an individual.

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