Hărțuirea morală la locul de muncă. O scurtă abordare juridică, psihologică și filosofică
Moral harassment at the workplace. A brief legal, psychological and philosophical approach

Summary/Abstract: At the national level, the legislative framework dealing with the phenomenon of harassment (in its various forms) is represented by:– Law no. 167/2020 which expressly regulates the phenomenon of moral harassment at the workplace and amends relevant normative acts in the field of non-discrimination, equal opportunities and treatment between men and women;– Government Ordinance no. 137/2000 on the prevention and sanctioning of all forms of discrimination and Law no. 202/2002 on equal opportunities and treatment between women and men.Workplace harassment (mobbing) is not expressly regulated in the primary legislation of Romania, there being no direct provisions, but only some indirect provisions. The term "mobbing" is used only in two acts published in the Official Gazette of Romania, Part I or Part V, respectively:– Framework methodology of 19 January 2011 regarding prevention and intervention in the multidisciplinary team and network in situations of violence against children and domestic violence approved by Government Decision no. 49/2011, and– Collective labor agreement no. 503 of 21 June 2017 at the Level of Group of Units in the "Higher Education" Activity SectorHowever, in practice, the number of complaints from victims has been low, and it has been established, based on the data provided by victims in the completed forms and in telephone conversations, that there is a tendency for victims subjected to the phenomenon of moral harassment at work not to report cases of harassment.At work, we are talking about that behavior exercised over an employee by another employee, who is hierarchically superior to him, by a subordinate and/or by a comparable employee, from a hierarchical point of view, in connection with employment relationships, which has as its purpose or effect a deterioration of working conditions, by violating the rights or dignity of the employee, by affecting his physical or mental health or by compromising his professional future.The effects of moral harassment can be both compromising for the professional status and career of the harassed person, and long-term damage to physical and mental health. For employers, these phenomena mean costs related to the decrease in employee’s work capacity, costs directly proportional to the extent to which the employee is affected, to which is added staff turnover, increased risk of errors, legal and reputational costs.This article aims to identify, explain and fix those situations that can be categorized as disruptions of normal working conditions, attempting to provide not only the appropriate legal treatment, but especially to explain the psychological causes of deviance in the workplace.In order to improve the situation on the labor market, it is necessary to address the complementarities and interdependencies between employment, working conditions, social protection, social dialogue, labor standards and family policies in national policy-making. Thus, promoting measures aimed at employment relations based on equality, justice, tolerance, through respect for human rights and fundamental freedoms will unequivocally contribute to the consolidation of democratic culture.

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