Membres
FROM ALLEGATION TO ACCOUNTABILITY: WHY INVESTIGATIONS MATTER IN WHISTLEBLOWING AND HARASSMENT CASES IN ROMANIA
A workplace complaint is only as effectively addressed as the investigation that follows. Whether an employee reports a breach of law through a whistleblowing channel or alleges moral or sexual harassment, the employer's responsibility extends beyond simply receiving the complaint. The decisive factor is whether the matter is investigated through the appropriate legal mechanism and in accordance with the procedural requirements established by Romanian law.
In recent years, Romania has significantly strengthened the legal framework governing both whistleblowing and workplace harassment. However, compliance does not depend solely on the existence of reporting channels or internal policies. Rather, it depends on the employer's ability to conduct a timely, impartial, and well-documented investigation capable of establishing the facts and leading to appropriate remedial measures.
A reporting system without a credible investigative process serves little practical purpose. Employees are unlikely to trust mechanisms that do not lead to meaningful action, while employers that fail to investigate complaints properly may expose themselves to legal, financial, and reputational risks.
1. Different complaints require different legal mechanisms
Romanian legislation regulates whistleblowing reports and harassment complaints through separate legal frameworks, each designed to address different types of misconduct and to protect different interests.
Law No. 361/2022 on the Protection of Whistleblowers in the Public Interest governs the reporting of breaches of law, including corruption, fraud, regulatory violations, conflicts of interest, and other conduct affecting the public interest. The primary objective of this legislation is to encourage the reporting of unlawful conduct by ensuring confidentiality, independence, and protection against retaliation.
By contrast, Government Decision No. 970/2023 establishes the methodology for preventing and combating workplace harassment. Its purpose is to protect employee dignity, ensure a safe working environment, and provide an effective mechanism for addressing allegations of moral or sexual harassment.
Applying the correct procedure helps ensure that investigations are conducted in a manner consistent with the purpose of the relevant legal framework and that the rights of all parties involved are appropriately safeguarded. Each framework contains distinct procedural requirements, deadlines, confidentiality obligations, and investigative mechanisms. Consequently, complaints should be assessed carefully from the outset to determine the appropriate route for investigation.
2. The importance of separate policies
The distinction between whistleblowing and harassment is not merely a legal technicality. It has important practical implications for employers. As a matter of good governance and legal compliance, employers should maintain two separate internal frameworks:
a whistleblowing policy regulating the reporting, handling, and investigation of breaches of law in accordance with Law No. 361/2022; and
a harassment policy regulating the prevention, reporting, and investigation of moral and sexual harassment in accordance with Government Decision No. 970/2023.
While both frameworks share common principles—such as confidentiality, impartiality, protection against retaliation, and fair treatment of the parties involved—the procedures are fundamentally different.
Under the whistleblowing regime, confidentiality is a central principle. The identity of the whistleblower must, as a rule, remain protected, and access to information concerning the report must be restricted. The law requires employers to establish secure reporting channels, acknowledge receipt of reports within seven calendar days, designate independent persons responsible for handling reports, and provide feedback regarding follow-up actions within three months.
Harassment investigations, however, follow a more detailed and adversarial process. The framework established by Government Decision No. 970/2023 requires the appointment of an investigation commission, interviews with the complainant and the alleged harasser, witness hearings, counselling measures, and the preparation of investigation reports. In many cases, the alleged harasser must be informed of the allegations in order to exercise the right of defence.
Maintaining separate policies provides clarity to employees regarding the appropriate reporting channels, enables employers to apply the correct procedural safeguards, and reduces the risk of inconsistencies when handling complaints. It also demonstrates a proactive commitment to compliance and workplace integrity.
3. The role of a proper investigation
Regardless of the legal framework applied, the quality of the investigation remains the key factor in determining whether a complaint has been handled appropriately.
A proper investigation should be:
prompt, ensuring that allegations are examined without unnecessary delay;
independent, with investigators free from conflicts of interest or undue influence;
impartial, allowing all relevant parties to be heard;
confidential, to the extent required by law;
evidence-based, relying on verifiable facts rather than assumptions; and
well-documented, creating a clear record of the investigative steps taken and the conclusions reached.
These principles are not merely best practices. They are essential to ensuring that the investigation is fair, credible, and capable of supporting any subsequent measures adopted by the employer.
A thorough investigation enables employers to establish the relevant facts, identify legal and compliance risks, determine whether disciplinary or corrective measures are necessary, and demonstrate compliance with their statutory obligations. It also helps preserve employee confidence in internal reporting mechanisms and contributes to a culture of accountability and transparency.
4. The legal and financial implications of workplace investigations
A properly conducted investigation is not only a tool for addressing workplace concerns but also an important safeguard against legal liability.
Romanian employers have a duty to ensure a safe and healthy working environment and to take appropriate measures when they become aware of allegations of misconduct, discrimination, or harassment. Once a complaint is received, inaction or an inadequate response may create risks independent of the underlying allegation itself.
An employer that fails to investigate a complaint diligently, ignores relevant evidence, breaches confidentiality obligations, tolerates retaliatory conduct, or reaches conclusions without a proper factual basis may face challenges regarding the adequacy of its response. In certain circumstances, employer liability may arise not only from the misconduct itself but also from the failure to take reasonable steps to investigate and address the reported concerns.
This may result in patrimonial liability, particularly where an employee suffers damage because the employer failed to act appropriately after becoming aware of the allegations. Depending on the circumstances, employees may seek compensation for material losses, moral damages, psychological harm, reputational prejudice, or other consequences linked to the employer's inadequate handling of the complaint.
The risk is particularly relevant in harassment cases. Romanian courts increasingly assess whether employers acted promptly and effectively once concerns were raised and whether they took reasonable measures to prevent further harm. A deficient investigation may therefore become a significant factor in determining liability and assessing damages.
Similarly, under Romania’s whistleblowing framework, employers that fail to respect confidentiality obligations, protect whistleblowers from retaliation, or comply with the procedural requirements established by Law No. 361/2022 may face administrative sanctions, litigation, and claims for damages.
For this reason, a fair and well-documented investigation should not be viewed merely as a compliance exercise. It is an essential component of the employer's risk-management strategy.
5. Conclusion
The effectiveness of any whistleblowing or harassment system ultimately depends on the quality of the investigation that follows a complaint. Romanian law recognises that different categories of allegations require different procedural approaches and therefore establishes separate frameworks under Law No. 361/2022 and Government Decision No. 970/2023.
For employers, compliance is not limited to creating reporting channels or adopting internal policies. It requires maintaining distinct whistleblowing and harassment procedures, correctly identifying the nature of each complaint, and conducting a thorough, impartial, and evidence-based investigation.
When these requirements are met, investigations become more than a legal obligation. They serve as an essential mechanism for protecting employees, managing organisational risk, strengthening workplace trust, and demonstrating the employer's commitment to a lawful and respectful working environment.
