Tag whistleblower retaliation romania

Open office door representing employee dismissal and professional transition in Romania

Employee Dismissal in Romania: Employer Guide

Employee dismissal in Romania is lawful only when the employer relies on a ground recognised by the Labour Code and follows the procedure attached to that specific ground. A genuine business reason is not enough if the required notice, investigation, evaluation, consultation or written decision is defective.

What Romanian employers should know:

  • First identify the correct termination route; dismissal is only one way an employment contract may end.
  • Match the evidence and procedure to the legal ground before communicating a decision.
  • A minimum 20-working-day notice applies to certain dismissals, not to every dismissal.
  • Procedural breaches can lead to absolute nullity, salary compensation and, if requested, reinstatement.
  • The employer normally carries the burden of proving the legality and factual basis of the measure in court.

This guide is intended for Romanian companies, foreign investors, HR teams and managers considering an individual or collective dismissal. It reflects the structure of the Romanian Labour Code and highlights the points that most often create litigation risk. For advice on a particular case, see our Romanian employment law services.

Employment dismissal documents reviewed in a Romanian corporate office
A defensible dismissal decision begins with the correct legal ground, evidence and procedure.

Is every employment termination a dismissal?

No. Under Article 58 of the Romanian Labour Code, dismissal is the termination of an individual employment contract at the employer’s initiative. It may be based on reasons related to the employee or on reasons unrelated to the employee.

Dismissal should not be confused with termination by mutual agreement, resignation, expiry of a fixed-term contract, termination by operation of law or written termination during or at the end of a probationary period under Article 31(3). Termination during the probationary period is a distinct mechanism, separate from dismissal. Each route has different conditions. Relabelling a unilateral dismissal as a “mutual termination” does not make it consensual; genuine agreement must exist.

Practical point: decide the legal route before drafting documents. Mixing several grounds in one decision, or changing the ground after litigation begins, can undermine the defence.

Route selector
Choose the correct termination route

Select a route to see its legal character. The route must be identified before documents are drafted.

Dismissal

Employer-initiated termination under Article 58. It requires a statutory ground and the procedure attached to that ground.

Legal grounds for employee dismissal in Romania

The main grounds are divided between reasons related to the employee and reasons unrelated to the employee. The required evidence and procedure differ substantially.

GroundCore legal testKey procedural safeguard
Disciplinary misconductA serious breach or repeated breaches of work discipline, the employment contract, collective agreement, internal regulations or lawful managerial orders.Prior disciplinary investigation, except for a written warning.
Preventive arrest or house arrestThe measure lasts for more than 30 days, under the conditions of the Criminal Procedure Code.Written and reasoned decision within the applicable statutory period.
Medical unfitnessPhysical or mental unfitness is established by a decision of the competent medical bodies.Consideration and offer of compatible vacant positions under Article 64.
Professional inadequacyThe employee is professionally unfit for the position held.Prior evaluation under the procedure in the applicable collective agreement or internal regulation, plus Article 64 vacancy steps.
RedundancyThe position is effectively eliminated for a real and serious cause unrelated to the employee.Documented reorganisation and at least 20 working days’ notice; collective rules may also apply.

When is dismissal prohibited?

Before any employee dismissal in Romania, the employer should check both Articles 59 and 60 of the Labour Code. Article 59 prohibits dismissal on protected grounds, including protected characteristics, trade-union membership or activity, lawful participation in a strike and the exercise of specified employment rights. Article 60 creates temporary prohibitions during specified periods, including certified temporary incapacity for work, quarantine, maternity leave, parental leave, leave to care for a sick child, annual leave, paternity leave, caregiver leave and certain emergency family absences. A pregnant employee is protected if the employer knew of the pregnancy before issuing the decision. Separate anti-discrimination and retaliation rules may also apply under Law no. 202/2002 and the Whistleblower Protection Law no. 361/2022.

The protected-period analysis should be made immediately before the dismissal decision is issued and communicated. Article 60 also contains an exception linked to judicial reorganisation, bankruptcy and dissolution of the employer, but it should be applied only after checking the employer’s precise legal status and the special insolvency rules.

Does every dismissed employee receive 20 working days’ notice?

No. Article 75 grants a minimum notice period of 20 working days for dismissal due to medical unfitness, professional inadequacy and redundancy under Articles 65 and 66. It does not create a universal notice period for every type of dismissal. In particular, disciplinary dismissal does not carry the same statutory notice entitlement.

The notice period and its start date should be documented clearly. Employers should not assume that paying an equivalent amount automatically remedies a failure to observe the statutory notice period. If the parties want a negotiated exit with compensation, that should be structured separately as a genuine mutual termination agreement.

How does disciplinary dismissal work?

Employee dismissal in Romania based on misconduct is the most procedure-sensitive route. Before imposing it, the employer must ordinarily conduct the prior disciplinary investigation regulated by Article 251. The process should include a written summons specifying the subject, date, time and place of the meeting, a real opportunity for the employee to present explanations and evidence, and a documented assessment of the defence.

The sanction must also be proportionate. Article 250 requires the employer to consider factors such as the circumstances of the misconduct, degree of fault, consequences, the employee’s general conduct and any previous disciplinary sanctions. A finding that misconduct occurred does not automatically justify dismissal if a lesser sanction is proportionate.

The disciplinary decision must be issued in writing within 30 calendar days from the date the employer became aware of the misconduct, but no later than six months from the date of the act. It must contain all mandatory elements under Article 252 and be communicated within five calendar days of issue. Read our dedicated guide to the disciplinary procedure in Romania.

Evidence that usually matters

  • the internal regulation, policies and lawful instructions allegedly breached;
  • proof that the employee received or could access those rules;
  • emails, access logs, reports, witness statements or other lawfully obtained evidence;
  • the summons, interview record, employee’s written defence and supporting documents;
  • a reasoned proportionality assessment; and
  • proof of issuing and communicating the final decision within the statutory periods.

How should professional inadequacy be documented?

Professional inadequacy concerns the employee’s ability to meet the professional requirements of the role; it is not a disciplinary accusation. Article 61(d) provides the legal ground for dismissal, while Article 63(2) requires the employee to undergo a prior evaluation under the procedure established by the applicable collective labour agreement or, in its absence, the internal regulation.

The evaluation should rely on objective, role-related standards communicated in advance. The job description, performance objectives, prior reviews, training records and concrete work results should tell a consistent story. A hastily created evaluation standard or a process designed around one predetermined outcome is vulnerable to challenge.

Before dismissal, Article 64 requires the employer to offer available positions compatible with the employee’s professional training or, where relevant, work capacity. If no suitable vacancy exists, the employer must seek the support of the territorial employment agency. The employee has three working days to express written consent to an offered position.

What is required for medical-unfitness dismissal?

Medical unfitness under Article 61(c) cannot rest on a manager’s impression or an ordinary performance assessment. It must be established through a decision of the competent medical bodies. The employer must then follow the compatible-vacancy process under Article 64 and grant the minimum statutory notice.

This ground should also be kept distinct from disability discrimination and reasonable workplace accommodation issues. Medical information must be handled with particular attention to confidentiality and data-protection requirements.

When is redundancy lawful?

Employee dismissal in Romania for redundancy is governed principally by Article 65. It is lawful when the employee’s position is effectively eliminated and the elimination has a real and serious cause unrelated to that employee. The employer does not have to prove that dismissal was the only imaginable business choice, but it should be able to show that the reorganisation is genuine and that the eliminated role no longer exists in substance.

A defensible file commonly includes the competent corporate decision, the business rationale, organisational charts before and after implementation, the updated headcount and job descriptions, financial or operational supporting material where relevant, and evidence that the employee’s duties were genuinely removed or redistributed.

A changed job title alone is not decisive. Courts can examine whether a supposedly eliminated position continues in substance or is promptly refilled under a different label.

Where only some identical or comparable positions are removed, the selection issue requires particular care. In Decision no. 30/2020, the High Court declined to rule on the merits and dismissed the recurs în interesul legii as inadmissible. It held that the question concerned applying the law to specific facts rather than resolving a genuine issue of legal interpretation. The decision therefore did not unify the divergent lower-court approaches described in the referral on whether selection criteria are required when an employer eliminates only some positions from a group of identical or similar positions. As a risk-management measure, any criteria used should be objective, consistently applied and supported by evidence.

Employers planning a broader reorganisation may also consult our guide to employee rights during company restructuring in Romania.

When do collective-dismissal rules apply?

A redundancy programme can become a collective dismissal if, within a period of 30 calendar days, the statutory thresholds in Article 68 are reached.

Employer workforceCollective-dismissal threshold within 30 calendar days
More than 20 and fewer than 100 employeesAt least 10 employees
100–299 employeesAt least 10% of employees
300 or more employeesAt least 30 employees
Live threshold check
Collective dismissal threshold check

Enter the employer’s total workforce and the dismissals planned within 30 calendar days.

Enter both figures, then select “Check threshold”.

This is a preliminary numerical check. Article 68 aggregation and the treatment of other employer-initiated terminations must still be reviewed.

For threshold calculations, certain other employer-initiated terminations for reasons unrelated to the employee may also be counted when the statutory conditions are met. Fragmenting one programme into several documents or dates does not necessarily prevent the collective rules from applying.

The employer must begin consultations with the trade union or employee representatives in good time, provide the written information required by Article 69 and genuinely examine ways to avoid or reduce dismissals and mitigate their consequences. If the programme proceeds, the territorial labour inspectorate and territorial employment agency must receive the statutory notification at least 30 calendar days before dismissal decisions are issued, subject to the detailed Labour Code procedure.

What must the written dismissal decision contain?

The applicable deadline and the mandatory content should be analysed separately. Article 62 establishes the deadline for issuing decisions based on Article 61(b)–(d) and also requires the decision to state its factual and legal reasons, the challenge period and the competent court. Article 76 sets out the other mandatory elements applicable to dismissal decisions, while Article 252 contains the specific requirements for disciplinary decisions. Depending on the case, the written decision should include:

  • the factual and legal reasons for dismissal;
  • the duration of the notice period, where applicable;
  • the collective-dismissal selection criteria, where applicable;
  • the list of available positions and the Article 64 response period, where applicable;
  • for a disciplinary sanction, the mandatory elements in Article 252, including why the employee’s defence was rejected; and
  • the statutory challenge period and competent court, where required.

The decision produces effects from communication to the employee. Communication should therefore be provable. The employer cannot ordinarily defend the case by introducing new dismissal reasons that were absent from the decision.

What are the main employer risks if the dismissal is unlawful?

A failure to comply with the legally required procedure results in absolute nullity under Article 78. Under Article 80, if the court cancels the dismissal, it orders compensation equal to the indexed, increased and updated salaries and the other entitlements the employee would have received. At the employee’s request, the court also restores the parties to the position existing before dismissal by ordering reinstatement.

Employment disputes move quickly and the employer bears the burden of proof under Article 272. A disciplinary decision may be challenged within 30 calendar days of communication under Article 252(5). For most other dismissal-related employment disputes, employees generally have 45 calendar days to challenge the measure under Article 268, calculated from the date on which the person concerned became aware of it, subject to the specific provisions applicable to the type of claim.

Risk map
Employer risk map

Select a consequence to see where the principal exposure arises.

Nullity

A dismissal ordered without observing the statutory procedure is affected by absolute nullity under Article 78.

Additional exposure may arise from discrimination, whistleblower retaliation, unpaid rights, data-protection violations, collective consultation failures or inconsistent treatment of comparable employees.

A practical pre-dismissal checklist for employers

Legal roadmap
Pre-dismissal legal roadmap

Select each step to review the purpose of the control before moving forward.

Legal ground

Identify the exact statutory route first. The evidence, notice and procedure depend on this classification.

  1. Identify the legal route. Confirm whether the case is dismissal, mutual agreement, resignation, expiry, probationary termination or another statutory form.
  2. Check protected status. Verify leave, medical incapacity, pregnancy notifications, representative status, whistleblowing and discrimination risks.
  3. Confirm decision-making authority. Make sure the correct corporate or managerial body approves the measure.
  4. Audit governing documents. Review the employment contract, job description, internal regulation, policies and collective agreement.
  5. Build the evidence file. Preserve documents lawfully and avoid post-hoc rationales.
  6. Run the ground-specific procedure. Investigation, professional evaluation, medical decision, vacancy search or reorganisation documentation cannot be interchanged.
  7. Check collective thresholds. Look at the complete 30-day programme, not only one employee or one department.
  8. Calculate notice correctly. Apply it only where legally required, but do not shorten it.
  9. Draft and quality-check the decision. Confirm every mandatory element, factual statement, date and attachment.
  10. Plan communication and litigation readiness. Retain proof of delivery and a complete, chronological file.

If employment status itself is uncertain, first review our analysis of employee versus contractor risks in Romania. For prevention at the hiring stage, see our guidance on employment contracts in Romania.

Frequently asked questions

Can an employee be dismissed while on sick leave?

As a rule, dismissal cannot be ordered during certified temporary incapacity for work. The employer should verify the medical certificate and the timing of both issuance and communication of the decision. The Labour Code contains a limited exception linked to judicial reorganisation, bankruptcy or dissolution.

Is 20 working days’ notice required for every dismissal?

No. The statutory minimum applies to dismissal for medical unfitness, professional inadequacy and redundancy under Articles 65 and 66. It does not generally apply to disciplinary dismissal.

Can the employer pay salary instead of granting notice?

The Labour Code grants a working notice period in the situations covered by Article 75. An employer should not assume that unilateral payment cures failure to grant it. A separately negotiated mutual termination may include compensation, but it must reflect genuine consent and should be documented accordingly.

Is severance pay mandatory in Romania?

There is no universal statutory severance amount for every redundancy. Article 67 states that affected employees may benefit from compensation under the law and the applicable collective labour agreement. The employment contract, internal policies and established practice should also be checked.

Can an employer eliminate a position and later hire someone else?

Hiring for a materially similar role soon after dismissal may suggest that the original elimination was not effective. The legal assessment turns on substance: duties, organisational need, timing and evidence—not the title alone.

How long does an employee have to challenge dismissal?

A disciplinary sanction may be challenged within 30 calendar days from communication. For other unilateral measures concerning termination, the Labour Code generally provides 45 calendar days from the date the employee became aware of the measure. Case-specific verification is advisable.

Planning or defending employee dismissal in Romania?

We assist employers with dismissal strategy, disciplinary investigations, performance procedures, redundancy documentation, collective consultation and employment litigation.

Discuss the case with a Romanian employment lawyer

Disclaimer: This article provides general information and does not constitute legal advice. The correct procedure depends on the dismissal ground, employment documents, employee status and facts of the case.

AI Notice: AI-assisted content, reviewed and approved by a qualified Romanian lawyer.

New Whistleblowing Law in Romania: Protecting Whistleblowers in Public Interest

New Whistleblowing Law in Romania: Protecting Whistleblowers in Public Interest

Have you ever wondered how Romania is boosting corporate transparency and fighting corruption?

The answer is in its new whistleblower law.

This law is a big change for Romania, giving strong protection to those who report wrongdoings.

Law No. 361/2022 started on December 22, 2022.

It sets up a full system to protect whistleblowers in Romania.

It covers both public and private areas, following EU Directive 2019/1937.

It wants to make it safe for people to report wrongdoings at work.

Now, companies with 50 or more workers must have ways for reporting.

Companies in finance and insurance must do this, no matter their size.

The law also says reports must be kept for five years, keeping things honest and open.

whistleblower law Romania

 

Not following the law can cost a lot.

Companies might face fines up to EUR 8,000 for not having the right reporting ways.

The law also protects whistleblowers from being unfairly treated, with fines up to EUR 8,000 for things like unfair firing.

These steps show Romania’s strong push for honesty and openness in all areas.

Key Takeaways

  • Law No. 361/2022 applies to both public and private sectors in Romania;
  • Companies with 50+ employees must establish internal reporting channels;
  • Fines up to EUR 8,000 for non-compliance with reporting obligations;
  • Protection against retaliation for whistleblowers;
  • Five-year record-keeping requirement for valid reports;
  • Specific sectors face obligations regardless of company size.

Understanding the Whistleblower Law Romania Framework

Romania has introduced new laws to boost corporate transparency and ethical governance.

Law No. 361/2022 started on December 22, 2022.

It sets up a detailed system for reporting public interest issues in Romania.

Overview of Law No. 361/2022

This law aims to make Romania’s anti-corruption efforts stronger.

It protects those who report wrongdoing in different fields.

It includes workers, freelancers, shareholders, and more.

The law deals with issues like public contracts, finance, product safety, and the environment.

Romanian anti-corruption laws

Implementation Timeline and Scope

Romania is now the tenth EU country to have this law.

The Chamber of Deputies voted 190-0 in favor, showing strong support.

Companies with 50 or more workers must set up reporting systems by December 17, 2023.

Alignment with EU Directive 2019/1937

Law No. 361/2022 follows EU Directive 2019/1937.

It sets up both internal and external reporting paths.

It also explains what retaliation and designated persons mean.

The National Integrity Agency is key in making sure these rules are followed in Romania.

Key AspectDetails
Effective DateDecember 22, 2022
Covered IndividualsWorkers, self-employed, shareholders, administrative personnel, volunteers, trainees
Areas CoveredPublic procurement, financial services, product safety, environmental protection
Reporting ChannelsInternal, external, public disclosure
Key AuthorityNational Integrity Agency

Who Qualifies as a Protected Whistleblower

Romania’s new law, Law No. 361/2022, protects many people.

It makes sure workers and others can speak up without fear.

This law helps keep workplaces honest and fair.

It covers employees, freelancers, and even company owners.

It also protects volunteers, trainees, and those working for contractors.

The goal is to make it safe to report fraud without facing backlash.

Even anonymous tips with solid evidence are okay under this law.

This lets people report wrongdoings without fear of being found out.

It helps create a culture of honesty in Romanian workplaces.

CategoryProtected Under Law 361/2022
EmployeesYes
Self-employedYes
ShareholdersYes
Board MembersYes
VolunteersYes
TraineesYes
Contracted WorkersYes
Job ApplicantsYes
Former EmployeesYes
Anonymous ReportersYes (with substantiated evidence)

Types of Reportable Violations and Breaches

Romania’s whistleblower protection law covers many types of violations.

It aims to find and fix wrongdoings in different areas.

Let’s look at the main categories of violations under this law.

Public Interest Violations

Public interest disclosures are key in Romania’s whistleblower law. These include:

  • Tax fraud and money laundering;
  • Public procurement offenses;
  • Product and road safety issues;
  • Environmental protection breaches;
  • Public health concerns;
  • Consumer and data protection violations.

Corporate Misconduct Categories

The law also deals with corporate misconduct. It covers:

  • Financial irregularities;
  • Corruption and bribery;
  • Fraud;
  • Violations of internal policies;
  • Bullying and harassment;
  • Threats to health and safety.

Legal Framework Violations

The law in Romania also covers breaches of EU and national laws.

Some key areas include:

  • Network security breaches;
  • Data protection violations;
  • Infringements of financial services regulations;
  • Breaches of privacy regulations;
  • Violations of labor laws.

Romania offers protection and rewards for whistleblowers.

This helps keep integrity in many sectors.

It also encourages a culture of responsibility.

Internal Reporting Mechanisms and Requirements

Romania’s new law makes it easier to report wrongdoing.

Companies with 50 or more workers must have a whistleblower hotline.

This is to follow Romanian anti-corruption laws.

Mandatory Reporting Channels

Companies must create internal reporting systems.

Those with 250+ employees had to do this by 2023.

Companies with 50-249 employees have until December 17, 2023.

The law requires different ways to report, like writing, talking, or using digital tools.

Documentation Requirements

Keeping detailed records is key under the new law.

Employers must keep all whistleblower reports for at least five years.

This helps with investigations and keeps things transparent.

Confidentiality Measures

The law stresses keeping reports secret to protect whistleblowers.

Companies must protect data well and only use personal info when needed.

While you can report anonymously, it must clearly show wrongdoing.

RequirementDetails
Reporting ChannelsWritten, oral, digital platforms
Record Keeping5 years minimum
ConfidentialityStrict data protection measures
Anonymous ReportsAllowed, but require clear evidence

External Reporting Procedures and Authorities

Romania’s new law protects whistleblowers who report outside their company.

You can tell the National Integrity Agency or other bodies if your company won’t listen.

This is for when your company’s rules don’t work or aren’t there.

The law says when you can share information publicly.

This is when there’s a big risk to the public or serious harm could happen.

Knowing these rules is key for those who want to protect themselves under Romanian law.

Authorities must follow strict rules to handle reports:

  • They must say they got your report in 7 days;
  • They should tell you what they’re doing about it in 3 months;
  • They must keep your identity secret.

Romania also has strong rules to stop companies from punishing whistleblowers.

These rules help keep things honest in both public and private places.

Reporting ChannelKey Features
InternalMandatory for companies with 50+ employees
ExternalAvailable when internal channels fail or are absent
Public DisclosureAllowed in cases of imminent danger or irreparable harm

Protection Measures Against Retaliation

Romania’s whistleblower law has strong protections against retaliation.

It aims to keep those who report wrongdoings safe from negative outcomes.

This is key to making sure more people speak up.

Employment Safeguards

The law protects whistleblowers from many workplace issues.

You can’t be unfairly fired, suspended, or have your job changed.

Your pay and job tasks can’t be messed with as punishment.

These rules help keep whistleblower rights safe in Romania.

Legal Remedies

If you face backlash, you have legal ways to fight back.

The law gives you immunity from legal trouble because of your report.

This lets whistleblowers speak out without fear of legal problems.

Compensation Rights

Whistleblowers in Romania can get compensation for harm caused by retaliation.

If you’re wrongly fired, you can ask to be rehired.

These rights show Romania’s dedication to protecting those who report wrongdoings.

Protection MeasureDescription
Employment SafeguardsProtection against dismissal, suspension, contract changes
Legal RemediesImmunity from civil, criminal, administrative liability
Compensation RightsRight to seek damages, possibility of reinstatement

Corporate Compliance Obligations

Romanian whistleblower policies are now key to ethical business.

The new law changes how companies handle whistleblowing.

It requires them to improve their integrity.

Implementation Requirements for Companies

Companies with over 249 employees must set up internal reporting channels within 60 days.

Those with 50-249 employees have more time, 1-2 years.

Not following these rules can lead to fines.

The law also points to digital platforms for reporting.

This shows how complex compliance can be.

Record-Keeping Standards

Businesses need to keep records of all valid reports for five years.

This makes things transparent and helps Romanian whistleblower policies work better.

Companies should check their systems or get new ones to meet these standards.

Training and Awareness Programs

Companies must teach employees about their rights and how to report.

These programs help build a culture of ethics.

They encourage reporting of wrongdoings.

Company SizeCompliance DeadlineKey Requirements
250+ employees60 days after publicationInternal reporting channels, record-keeping, training programs
50-249 employees1-2 year extensionSame as above, with extended implementation timeline

Companies can avoid fines by improving their internal procedures.

This not only meets legal requirements but also boosts their integrity.

Penalties and Enforcement Measures

The Romanian whistleblower act has strict penalties to make sure everyone follows the rules.

Companies that don’t set up internal reporting channels can face fines from RON 2,000 to RON 40,000.

This is about EUR 400 to EUR 8,000, showing how important it is to follow corporate governance rules.

Breaking the whistleblower protection rules can lead to big problems.

Trying to stop someone from reporting or sharing confidential information is a serious crime.

The law also has fines for false reporting, from RON 2,500 to RON 30,000 for knowingly lying.

This balance helps protect real whistleblowers and stops others from abusing the system.

Harsh penalties are given to those who retaliate against whistleblowers, up to RON 40,000 (EUR 8,000).

This shows the law’s strong commitment to protecting those who speak out.

Romania’s enforcement measures match EU standards, making a strong system for whistleblower compensation and protection.

With these strict penalties, Romania wants to build a culture of openness and responsibility in both public and private areas.

 

In conclusion, the implementation of Law No. 361/2022 is a pivotal step for Romania, reinforcing the role of legal professionals in promoting ethical practices within organizations.

Engaging with a knowledgeable lawyer in Romania can empower whistleblowers to take action without fear, ultimately contributing to a more transparent and accountable society.

For individuals seeking legal assistance, a Romanian lawyer can provide invaluable guidance on navigating this new legal landscape. A Romanian law office specializing in whistleblower cases can help clients understand their rights and obligations under this law, ensuring that they are protected when reporting wrongdoing.

The establishment of these legal frameworks not only enhances workplace integrity but also encourages a culture where speaking out against corruption is both safe and supported.

FAQ

What is the main purpose of Romania’s new whistleblowing law?

The new law aims to encourage reporting of wrongdoings in both public and private sectors.

It protects those who report these issues.

This law is meant to increase transparency and fight corruption in Romania.

Who is protected under the new whistleblower law in Romania?

Many people are protected, like workers, self-employed, and volunteers.

Even those in training or after jobs end are covered.

This includes anyone reporting during hiring or after leaving a job.

What types of violations can be reported under this law?

You can report many kinds of wrongdoings.

This includes breaking EU and national laws in areas like finance and health.

Also, corporate wrongdoings like fraud and policy breaches are covered.

Are companies required to establish internal reporting channels?

Yes, companies with 50 or more employees must have these channels.

They need to pick someone or a team to handle reports.

Some sectors, like finance, must follow this rule, no matter the size.

Can whistleblowers report externally if internal channels are ineffective?

Yes, you can report to authorities if internal channels don’t work.

The law says who you can report to and when it’s okay to go public.

What protection measures are in place against retaliation?

The law stops employers from punishing whistleblowers.

This includes not firing or cutting pay.

You’re also safe from legal trouble for your reports.

If fired, you can get your job back and compensation.

Are anonymous reports considered under this law?

Yes, anonymous tips that show wrongdoing are accepted under the law.

What are the penalties for non-compliance with the whistleblower law?

Breaking the law can cost companies up to RON 40,000 (about EUR 8,000).

This includes not having reporting channels or trying to stop reports.

Reporting false info can cost even more.

What are the requirements for internal reporting procedures?

Reporting procedures must keep things confidential and give feedback within three months.

Companies must keep records for five years and train employees on these rules.

When did the new whistleblowing law come into effect in Romania?

The law started on December 22, 2022. Companies with 50 or more employees must set up reporting systems by December 17, 2023.

What is the new whistleblowing law in Romania?

The new whistleblowing law in Romania is a comprehensive legislation designed to protect individuals who report violations of the law in the public interest.

This law on the protection of whistleblowers was adopted to transpose the EU Directive on whistleblower protection.

The Romanian whistleblowing law aims to establish a robust framework for the protection of persons who report breaches of Union law and national legislation, ensuring their safety from retaliation and encouraging transparency in both public and private sectors.

When did the new whistleblowing law in Romania come into effect?

The new law on whistleblowing in Romania was published in the Official Gazette of Romania on 19 December 2022.

It officially entered into force on 22 December 2022.

However, certain provisions of the law, particularly those related to the establishment of internal reporting channels for private sector entities with 50 to 249 employees, have a delayed implementation date of 17 December 2023.

What are the main objectives of the Romanian whistleblowing law?

The primary objectives of the Romanian whistleblowing law include:

1. Enhancing the protection of whistleblowers in the public interest;

2. Encouraging individuals to report violations of the law;

3. Establishing clear procedures for internal reporting channels;

4. Preventing and addressing retaliation against whistleblowers;

5. Ensuring compliance with EU law on whistleblower protection;

6. Promoting transparency and accountability in both public and private sectors.