Dignity in Employment - the Protection of a Fundamental Right

Author:Radu Popescu
Position:Associate Professor, PhD, National School of Political Studies and Public Administration, Romania
Pages:108-111
SUMMARY

The new Criminal Code brought a series of important changes also in respect to those offences that can be committed by employees. Both at the European and at the national level, the concept of dignity in employment suffered transformations. This change of perspective at the national level makes the object of this article. The regulation of sexual harassment in the work place was first introduced... (see full summary)

 
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European Integration - Realities and Perspectives 2014
108
Dignity in Employment the
Protection of a Fundamental Right
Radu Rzvan Popescu
1
Abstract: The new Criminal Code brought a series of important changes also in respect to those offences that
can be committed by employees. Both at the European and at the national level, the concept of dignity in
employment suffered transformations. This change of perspective at the national level makes the object of
this article. The regulation of sexual harassment in the work place was first introduced in the domestic
legislation in 2001, undergoing, since then, a series of modifications which we shall analyze in depth. Sexual
harassment in the work place is one of the most difficult problems to solve, at th e European level because in
the majority of situations there is a subordination relation b etween the two parties the employer having the
upper hand over the employee who is, in many cases, afraid of endangering his/her job by reporting the
harassment offence. We think this article is an important step in the disclosure of the problem erased by the
sexual harassment concept.
Keywords: sexual advances; performance; intimidation; hostile; dignity
1. European Regulations Concerning Harassment
At the European level, Directive no. 2000/78/EC r egarding the establishment of a genera l framework
for equal treatment in employment and the occupation of the workforce on the cr iterion of religion or
belief, disability, age or sexual orientation (Published in JO L 303, 2 December 2000) defined
harassment as being a form of discrimination when there is an unwanted conduct related to the sexual
orientation, religion, beliefs, handicap or age, which has as aim or effect the violating the dignity of a
person or the creation of an intimidating, hostile, degrading, humiliating or offensive
environment(Popescu, 2013, p.215).
Subsequently, through the Framework Directive no. 2006/54/EC on the implementation of the
principle of equal opportunities of men and women in matters of employment and work conditions,
the notions were redefined, as follows:
- by harassment is understood that unwanted conduct related to the sex of a person occurs with
the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile,
degrading, humiliating or offensive environment;
- by sexual harassment is understood that situation in which an unwanted conduct has a sexual
nature and manifests physically, verbally or nonverbally, having as effect or aim the violating
the dignity of a person and the creation of an intimidating, hostile, degrading, humiliating or
offensive environment.
1 Associate Pro fessor, PhD, National School of Political Studies and Public Administration, Romania, Address: 6, Povernei
Str., District 1, Bucharest, Romania, Tel.: (40)(021)318.08.97, (40)(021)318.08.98, Corresponding author:
radupopescu77@yahoo.com.

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