Victimization at work is an increasingly common phenomenon in the context of employment relationships, where employees may face direct forms of retaliation from employers when they defend their legal rights. Victimization, alongside discrimination and harassment, is one of the abusive treatments employees are subjected to, with negative consequences both for them and for the employers’ activities.

Abusive treatments in the workplace have seen a significant increase, leading to a notable rise in complaints about discrimination and harassment. Employees have become more aware of their rights and more readily recognize discriminatory behaviors, yet many still face difficulties in taking legal action against such behaviors.

In the context of employment relationships, it is essential that employees can report any form of abuse, discrimination, or unfair treatment without fear of some forms of retaliation. Organisations should promote a culture of transparency, ensuring that the respect for employees’ rights is not only guaranteed but also encouraged. However, in practice, those who report abusive treatments often become victims themselves and are discouraged from exercising their rights.

Victimization is defined as any adverse treatment in response to a complaint or notification to competent authorities, or to legal action regarding the violation of legal rights or the principle of equal treatment and non-discrimination. Any negative treatment applied to an employee in response to notifying authorities such as the, Labor Inspection, Labor Inspectorate (ITM) or the National Council for Combating Discrimination about violations of legal rights is considered a form of discrimination. These punitive reactions can include sanctions from employers intended to prevent the employee from challenging discriminatory practices.

For better clarity on this type of treatment, the Labor Code stipulates that any unfavorable treatment of employees and employee representatives applied as a result of requesting or exercising one of their legal rights is prohibited.

To combat abusive treatments and create a healthy work environment, employers must implement proactive measures and develop effective policies. It is important to establish procedures to address these abusive practices. Providing support for employees can help in effectively managing issues and ensuring appropriate resolution. Through these measures, employers not only comply with current legislation but also contribute to maintaining a proper working environment.

Failure to comply with provisions regarding victimization in the workplace is considered an contravention and is punishable by a fine ranging from 4.000 to 8.000 lei.

Author: Atty. Felicia Cioflan