Excerpt from the Procedure on the Prevention and Combating of Harassment

The primary objective of CIT One is to ensure an optimal working environment, founded on equal respect for the dignity of the human being, and to provide all employees, as well as individuals with whom they interact during working hours, irrespective of gender, with the necessary conditions for maintaining a climate characterized by trust, empathy, mutual understanding, professionalism, and dedication to serving the general interest.

The provisions of this Annex apply to the entire CIT One staff, as well as to individuals with whom they interact in the course of their professional duties, and are administered by the Human Resources Department specialists, in accordance with operational requirements and the applicable legal framework.

1. What is harassment and how is it understood within CIT One?

Harassment represents a manifestation of power relations and may arise in situations involving unequal relationships in the workplace, for example between Company management and employees, though not exclusively. Power dynamics can take multiple forms and may manifest in subtle and unpredictable ways (employees in subordinate positions are not necessarily only victims).

Any form of harassment is strictly prohibited, both within the workplace and outside of it, in connection with participation in various events, business trips, training sessions, or conferences, including in relation to the Company’s partners.

Within CIT One, harassment is understood as follows:

A. Examples of conduct or behaviors that constitute workplace harassment include, but are not limited to:

a) Physical conduct – unwanted and repeated physical contact (inappropriate body touching), physical violence (including sexual assault), the use of threats or work-related rewards to solicit sexual favors;

b) Verbal conduct – comments regarding an employee’s appearance, age, or private life; sexual remarks, stories, and jokes; sexual advances; repeated and unwanted social invitations for meetings or physical intimacy; insults related to the employee’s gender or other characteristics; excessively familiar remarks; sending humiliating, degrading, or sexually explicit messages by phone, e-mail, or any other means of communication, if such actions are carried out systematically/repeatedly and if they are intended, result in, or are likely to cause physical, psychological, or sexual harm;

c) Non-verbal behavior – displaying sexually suggestive or explicit materials; sexually suggestive gestures; whistling; intrusive staring, if such actions are carried out systematically/repeatedly.

B. Moral harassment in the workplace, including:

Any behavior directed at an employee by a hierarchical superior, by a subordinate and/or by a peer, in connection with employment relations, that has the purpose or effect of deteriorating working conditions by infringing the employee’s rights or dignity, affecting their physical or mental health, or compromising their professional future. Such behavior may manifest in any of the following forms:

a) hostile or unwanted conduct;

b) verbal comments;

c) actions or gestures;

Any conduct which, by its systematic nature, may undermine the dignity, physical or mental integrity of an employee or group of employees, endanger their work, or degrade the working environment. Stress and physical exhaustion fall within the scope of moral harassment in the workplace.

d) Other examples include:

• displaying or disseminating offensive or indecent material;
• insinuations, insults, or obscene remarks, or sexist/racist/homophobic comments made systematically/repeatedly;
• use of offensive language in reference to a person with disabilities or mocking a person with disabilities;
• comments regarding a person’s physical appearance or character likely to cause embarrassment or distress;
• unwanted attention, such as spying, constant following, harassment, overly familiar behavior, or unwanted verbal or physical attention;
• making or repeatedly sending unwanted phone calls, text messages, e-mails, social media messages, faxes, or letters with sexual, hostile, or privacy-infringing connotations;
• unjustified, inappropriate, or persistent questions regarding a person’s age, marital status, private life, interests, or sexual orientation, or similar questions concerning a person’s racial or ethnic origin, culture, or religion;
• unwanted sexual advances, repeated requests for dates, or threats;
• suggestions implying that sexual favors may result in career advancement, or that refusal to grant such favors may negatively affect one’s professional career.

C. Examples of attitudes that are legitimate in the employment relationship, as they fall within the employer’s prerogatives and do not constitute harassment:

• direct supervision of employees, including the establishment of performance expectations and the provision of feedback on work performance;
• taking measures to address performance deficiencies, such as placing an employee on a performance improvement plan;
• taking reasonable disciplinary measures;
• giving directives related to work duties, including how and when tasks should be carried out;
• requesting updates or reports;
• approving or denying requests for time off.

2. General Principles on the Prevention and Combating of Harassment on the Grounds of Sex, as well as Moral Harassment in the Workplace

CIT One adopts the highest standards in the field of preventing and combating harassment and any form of discrimination in the workplace and requires all members of the organization to adopt and adhere to these principles.

By adopting and implementing this Procedure, CIT One undertakes to ensure a safe environment for all employees, free from discrimination based on race, nationality, ethnicity, language, religion, social category, beliefs, sex, sexual orientation, age, disability, chronic non-contagious illness, HIV infection, membership of a disadvantaged group, or any other criterion that has the purpose or effect of restricting or denying the recognition, use, or exercise, on an equal basis, of human rights and fundamental freedoms, or of rights recognized by law, in the political, economic, social, cultural, or any other field of public life.

Ensuring equal opportunities and treatment between women and men is fundamental, and any manifestation of power dynamics between men and women is strictly prohibited, being regarded as a violation of human dignity and as creating an intimidating, hostile, degrading, humiliating, or offensive environment.

The Company shall apply a zero-tolerance policy with respect to harassment on the grounds of sex and moral harassment in the workplace, shall address all incidents with seriousness and promptness, and shall investigate all allegations of harassment.

Within the Company, any person proven to have harassed another individual shall be subject to disciplinary action, which may include dismissal from employment. The imposition of any disciplinary sanction shall be carried out in accordance with the provisions of Government Emergency Ordinance no. 57/2019 on the Administrative Code, as subsequently amended and supplemented, as well as Law no. 53/2003 – the Labor Code, republished, as subsequently amended and supplemented.

At CIT One, management ensures a safe environment for all employees, where all complaints of harassment on the grounds of sex and moral harassment in the workplace will be treated with seriousness, promptness, and confidentiality. Throughout the complaint investigation process, all parties involved shall be heard and treated with respect and consideration, with identity data protection being ensured to safeguard employees.

3. Methods of Notification to the Committee for Receiving and Resolving Harassment Cases

The complaint/notification and resolution procedures carried out within CIT One are of an administrative nature.

Informal procedure

Employees who are subjected to harassment should, where possible, inform the alleged harasser that they perceive the behaviour in question as unwanted and disturbing.

Harassment situations may arise in unequal relationships, i.e., between a person in a managerial position and a person in a subordinate role. There may also be circumstances in which it is not possible for the victim to inform the alleged harasser directly, for example when the alleged harasser is the person designated to handle harassment cases or is the victim’s superior.

If a victim cannot directly approach an alleged harasser, he/she shall address the hierarchical superior of the alleged harasser regarding the unwanted and disturbing behaviour. The victim may also communicate the matter to another representative in a leadership role within the Company or to the trade union representative. In such cases, the aforementioned persons shall ensure that the victim is appropriately informed, noting that choosing to resolve the matter informally does not exclude the victim’s right to seek a formal resolution if the harassment persists.

Formal procedure

When the Committee for Receiving and Resolving Harassment Cases / the Secretariat of the Committee receives a harassment complaint/notification, it shall, in accordance with the responsibilities outlined under sections 2.2.2 and 2.2.3:

a) register the complaint/notification and relevant information in the Committee’s register;

b) ensure that the victim understands the procedures for resolving the complaint/notification;

c) maintain a confidential record of all discussions;

d) respect the victim’s choice;

e) ensure that the victim is informed of their right to also submit the complaint/notification to other institutions competent in the field of harassment.

Submission of the complaint/notification

The complaint/notification may be submitted by the aggrieved person in written form (handwritten or electronic) but must in all cases be duly signed by the victim, with identity data protected to ensure the victim’s safety. Written complaints/notifications may be submitted to the following email address: hartuire@citone.ro.

Resolution of the complaint/notification

The investigation of facts that may constitute acts of harassment and the proposal of sanctions shall be carried out by the Committee for Receiving and Resolving Harassment Cases established within CIT One.

4. Sanctioning Harassment Cases

Harassment may be subject to the sanctions provided by:

• Law no. 53/2003 – the Labor Code, republished, as subsequently amended and supplemented;
• Law no. 286/2009 on the Criminal Code, as subsequently amended and supplemented;
• Government Emergency Ordinance no. 57/2019 on the Administrative Code, as subsequently amended and supplemented;
• Government Ordinance no. 137/2000 on the prevention and sanctioning of all forms of discrimination, republished, as subsequently amended and supplemented.

The nature of the sanctions shall depend on the severity and extent of the acts of harassment. Proportional sanctions shall be applied to ensure that harassment incidents are not regarded as acceptable or tolerable behavior.

5. How We Define

Harassment – any unwanted behavior, including of a sexual nature, that causes a person to feel offended, humiliated, or intimidated. This includes situations where a person is asked to engage in sexual activities as a condition of employment, as well as situations that create a hostile, intimidating, or humiliating environment. Harassment involves multiple incidents and/or repeated actions, which may constitute physical, verbal, or non-verbal harassment.

CIT One Employee – any individual employed by CIT One for the duration of their contractual agreement with the organization, regardless of the type of contract (management, mandate, or administration contract), including temporary employees (e.g., leased staff, part-time workers, collaborators).

CIT One Partner/Collaborator – any natural or legal person performing an activity for CIT One under a commercial contract (e.g., provider of goods or services).

D103.02-2024 – Procedure on the Prevention and Combating of Harassment