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Whistleblowing in Romania
Data protection in Romania
Equal treatment for temporary agency workers in Romania
Anti-discrimination laws in Romania
Pay equity legislation in Romania
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Employees in Romania are entitled by law to certain protections — and you need to know about them as an employer. From safeguarding whistleblowers to ensuring equal pay and protection against discrimination, Romanian labour law offers a wide range of protections for both employees and employers.
In this guide, we will explore the key areas of employee protection programs in Romania, including whistleblowing, data privacy, protections for temporary workers, anti-discrimination measures, equal pay, and more.
Whistleblowing is an essential component of a transparent and accountable workplace. In Romania, whistleblower protections have been strengthened in recent years, which align with the European Union’s broader efforts to promote ethical business practices.
The whistleblowing law in Romania is largely based on the European Union’s Whistleblower Protection Directive, which aims to protect individuals who report illegal activities or unethical behaviour within organisations. This directive was transposed into Romanian law in 2022 and includes specific protections for whistleblowers and requirements for employers to comply with the law.
It covers both public and private sector employees who report violations of the law, including financial misconduct, safety and conformity of products, and protection of privacy. Individuals who are still in the recruitment process or whose employment relationship has been terminated can also submit a whistleblowing report.
Whistleblowing is primarily done through internal channels. However, individuals may choose external channels after considering the risk of retaliation or the absence or effectiveness of the internal channel. Whistleblowers can escalate their reports to external authorities, such as the National Integrity Agency. This ensures that whistleblowers have multiple avenues for reporting misconduct, further encouraging transparency.
Employers in Romania have specific obligations under the whistleblowing law. They are required to create and maintain internal reporting channels through which employees can report unethical or illegal activities. Employers with a minimum of 50 employees must establish their internal reporting channel. Organisations with employees between 50 and 249 employees can share resources to receive whistleblowing reports.
These channels must maintain confidentiality and allow for anonymous reports.
In addition, companies must appoint a designated person or department responsible for receiving and handling whistleblower reports. The employer’s failure to comply with these obligations can lead to significant legal consequences.
One of the key components of Romania’s whistleblowing law is its protection against retaliation. Employers cannot dismiss, demote, or use any other form of discriminatory treatment on whistleblowers. Retaliation is strictly prohibited, and any attempt to punish or harass a whistleblower can lead to legal action against the employer.
In cases where retaliation does occur, the whistleblower has the right to seek compensation for any damages incurred, including reinstatement to their position if they were unjustly dismissed. Employers found guilty of retaliation against whistleblowers may also face administrative sanctions.
Failure to comply with Romania’s whistleblowing law can result in severe sanctions for employers. Companies that fail to establish internal reporting channels or take retaliatory action against whistleblowers may face fines and legal penalties.
Fines range from 2,000 to 40,000 RON. Whistleblowers who knowingly make false reports will also be punished under the law. In more serious cases, criminal charges could be brought against individuals or organisations involved in covering up illegal activities or retaliating against whistleblowers.
Whistleblowing is a critical tool for promoting transparency and ethical behaviour within Romanian workplaces. The country’s whistleblowing law provides robust protections for employees who report misconduct, while imposing significant obligations on employers to ensure proper reporting channels are in place.
The country adheres to the stringent data privacy laws established by the EU, particularly the General Data Protection Regulation (GDPR). The country’s own data protection authority, National Supervisory Authority for the Processing of Personal Data, ensures that companies comply with regulations regarding the collection, processing, and storage of personal data. They have the power to investigate complaints, conduct audits, and issue fines to organisations that violate the data protection regulations.
As an employer, you must obtain consent from employees before processing their data. This level of protection safeguards employee information against misuse.
Under GDPR, Romanian organisations that collect, process, or store personal data must ensure that they do so lawfully, transparently, and with the explicit consent of the individuals whose data is being handled.
To remain compliant, you need to keep the following data protection principles in mind:
One of the most important aspects of workplace data protection is the concept of “data minimisation.” This principle means that employers should only collect and process the personal data that is absolutely necessary for a specific purpose. For example, during recruitment, employers should limit data collection to information relevant to the job application process. Sensitive personal data can only be processed under stricter conditions, such as when there is explicit consent, it’s necessary for employment or social security reasons, or it is needed for legal claims.
In the workplace, employers who use monitoring systems (e.g., cameras or electronic communications) based on legitimate interests must:
Organisations can voluntarily appoint a DPO even if not required, but the same responsibilities apply as if it were mandatory.
Companies must also conduct a data protection impact assessment when processing large amounts of personal data of vulnerable people (like children or employees) using automated monitoring systems, especially for marketing purposes.
Meanwhile, organisations outside the European Economic Area (EEA) must appoint an EEA representative if they process data of EEA residents for goods, services, or behavioural monitoring.
Whether you’re an employee concerned about your personal data or an employer managing employee information, understanding Romania’s data protection laws is crucial for staying compliant and protecting personal information. By ensuring that data is handled responsibly, organisations in Romania can avoid penalties and foster a culture of trust.
Temporary agency work is a common practice across Europe, offering flexibility for both employers and workers. In Romania, the rights of temporary agency workers are protected under both national and European Union laws. These protections ensure that employers provide temporary workers with the same treatment as permanent employees, especially in terms of pay and working conditions.
The European Union’s Directive on Temporary Agency Work (2008/104/EC) sets the foundation for equal treatment of temporary agency workers across the EU, including Romania.
Romania has incorporated this directive into its legislation through the Labor Code (Law no. 53/2003), which mandates that temporary agency workers must receive the same treatment as permanent employees performing similar tasks, particularly regarding pay and benefits.
Workers recruited through foreign worker recruitment or employment agencies in Romania are entitled to the same conditions in wages, working hours, overtime, breaks, and workplace safety as permanent employees. This ensures equal labour rights for all workers, regardless of their temporary status.
Temporary agency workers in Romania are entitled to the same pay as permanent employees for equivalent work. This means that any temporary worker recruited through a Romania work permit agency must receive wages that are in line with the employer’s permanent staff, including allowances, bonuses, and overtime pay. The law ensures that temporary workers are not disadvantaged simply because of their employment through an agency.
Furthermore, employment agencies in Romania for foreign workers must ensure that temporary workers benefit from the same working conditions, such as health and safety standards, rest periods, and holiday entitlements. If a temporary worker is employed for a longer period, they may also become eligible for additional benefits such as access to training programs, just like permanent employees.
In cases where a temporary worker feels they are being unfairly treated, Romanian labour laws provide avenues for them to file a complaint. The Romanian Labour Inspectorate, alongside trade unions, plays a crucial role in ensuring compliance with these regulations.
Through comprehensive legal frameworks, Romania seeks to promote inclusivity and respect in the workplace, safeguarding employees’ rights to work in an environment free from discrimination and harassment.
There are several laws set in place to protect workers from any form of discrimination and harassment. These laws ensure that everyone has the right to work in a safe and supportive environment.
Discrimination in the workplace is strictly prohibited under both national and European Union laws, offering robust protections for employees.
The Romanian Constitution states in Article 16 that everyone is equal before the law, no matter their race, gender, ethnicity, or other personal traits.
More specifically, two important laws enforce this principle of anti-discrimination: the Governmental Ordinance (GO) no. 137/2000 on preventing and sanctioning all forms of discrimination, and Law no. 202/2002 on equality of opportunity between women and men.
This means that if someone faces unfair treatment or bullying at work, they have legal support to help them address these issues.
In addition, the Romanian Labour Code and Administrative Code include specific provisions to protect employees from discriminatory practices in the workplace. These laws reflect Romania’s alignment with EU standards, ensuring equal treatment for all individuals, regardless of their background or identity.
The local labour law also provides strong protections against workplace harassment, which is defined as any behaviour that creates an intimidating, hostile, or offensive environment based on race, nationality, ethnic origin, language, religion, gender, or other criteria. This is covered under the Law no. 202/2002 and Government Ordinance no. 137/2000, ensuring that companies take active steps to prevent and address harassment, including sexual harassment and bullying.
With this, employers in Romania are required to implement internal procedures to handle harassment complaints and ensure that employees can work in a safe and respectful environment.
In Romania, pay equity laws ensure that all employees receive fair compensation, based on both the Romanian Constitution and European Union regulations. These laws protect workers from unfair pay practices related to gender, ethnicity, or other characteristics.
This means employers must ensure that pay rates provided for their workers are free from discrimination based on gender, ethnicity, or other characteristics.
While the local law mandates equal pay for equal work, there are challenges in how these regulations are enforced According to Law no. 202/2002 on equal opportunities and the Labour Code, employers must not discriminate in compensation practices.
However, Romanian employers are not legally obligated to disclose salary data to authorities, report pay levels for equity verification, or actively take measures to ensure compensation equality. This lack of mandatory reporting or accountability mechanisms can result in pay disparities going unaddressed.
Despite having strong laws in place, Romania continues to face a gender pay gap. While the gap is narrower than the EU average, efforts are still needed to close the divide.
The report shows that while men and women are legally entitled to equal pay, women often earn less for the same roles, reflecting deeper structural issues in the labour market. Employers are encouraged to voluntarily assess their pay practices to reduce these disparities.
Understanding what you can and can’t do as an employer is one of the biggest challenges of hiring in Romania. Get it wrong, and you could face legal action and damage to your reputation.
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