Vezi raport EN

„building trust in human rights” procedure actions due to the fact that the petitioner was not member of the same political party, in view of terminating labour relationships. It was ascertained that the notified deeds are direct discrimination according to art. 2 par. 1 and par. 2 (instruction to discriminate) of G.O. no. 137/2000. The respondent was contraventionally sanctioned by warning. (art. 2 par. 1 and par. 2 of G.O. no. 137/2000, republished).

(2008) Employment relationships. Disciplinary inquiry. Termination of the labour

45 RAPORT PRIVIND IMPLEMENTAREA DIRECTIVEI CADRU (2000/78/CE) ÎN ROMÂNIA

agreement. Political convictions. Mr. B.D. complained about the fact that the employer asked him to relinquish the position he held, on grounds of implementing a political order. The petitioner was subjected to controls and checks, requesting his resignation, for political reasons. The respondent claimed that the petitioner committed serious offences against the rules regarding work discipline and ethical commitments. Through decision no. 795 of 27.08.2008, the Committee set down that the treatment to which was subjected the petitioner (phone calls, requesting resignation, checks, disciplinary inquiries) constitutes harassment at work, justified by the petitioner’s political convictions. It was ascertained that the notified deeds are discrimination according to art. 2 par. 1, par. 2, par. 3 and art. 2 par. 5 of G.O. no. 137/2000. The respondent was contraventionally sanctioned by warning (art. 2 par. 1, par. 2, par. 3 and art. 2 par. 5 of G.O. no. 137/2000, republished).

(2009) Employment relationships. Hierarchical relationships. Conviction. Obligations. T.A.M. complained about the failure to grant the leave, recording the work day as absent and the request to fill certain additional activity reports, unlike other colleagues who were not treated similarly. The reason of this treatment was the fact that the petitioner disclosed employer’s internal information to the press. The respondent submitted no evidence regarding the aspects stated, just indicating that the petitioner has a relationship of concubinage with another employee, that she is under investigation and convicted by courts. In the absence of objective justifications from the respondent, the Committee set down that the notified aspects created an intimidating and hostile environment to the petitioner. Through decision no. 186 of 31.03.2009 was ascertained her harassment on grounds of convictions and was decided to contraventionally sanction the respondent by fine amounting to 600 lei (art. 2 par. 5 of G.O. no. 137/2000, republished).

(2009) Employment relationships. Professional assessment. Conviction. Refusal. A.V. complained about the refusal to provide him the professional assessment file because of his political options. The petitioner considers that she was treated differently compared to other employees, being, together with another colleague, the only one who did not receive the professional assessment file, given that they have a different political option than the other employees. The respondent did not submit evidence regarding the charged situation. The collective bargaining agreement applicable to the employer stipulated express obligations regarding assessment. In these circumstances, the Committee ascertained the existence of a differentiated treatment applied to the petitioner compared to other employees, with whom he was in a relation of comparability. Through decision no. 356 of 25.06.2009 was ascertained that the notified deeds are direct discrimination and was decided to issue a recommendation to the respondent (art. 2 par. 1 of G.O. no. 137/2000, republished).

(2009) Employment requirements business administrator. Convictions. The Humanist Association complained about the publishing of an employment announcement for a position of guesthouse administrator, which includes among the requirements: „man with fear of God”. Through decision no. 418 of 18.08.2009, the Committee considered that the phrase used could be regarded in conjunction with correctness and honesty and a requirement of integrity in relation to a position which involves management and administration of assets, which implies trust between the employee and employer is an objective requirement, as long