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

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.