Teleworking has become an increasingly popular option for both employees and employers due to the flexibility it offers. In Romania, the regulations concerning telework are clearly established by law, which governs how employees can work remotely while protecting their rights and outlining employers' obligations.
- What is teleworking and who can perform activities under this regime?
According to Law No. 81/2018, teleworking is a form of organizing work where an employee performs their job duties from a location other than the employer's premises, using information and communication technology. Essentially, it involves regular and voluntary remote work.
This regulation applies to sectors where teleworking is feasible, meaning that not all industries or positions are suitable for this type of work.
- How is teleworking regulated?
Teleworking is regulated through an explicit agreement between the employee and the employer, which must be included either in the employment contract for new employees or as an addendum to the existing contract. It is important to note that an employee’s refusal to work remotely cannot be used as grounds for unilateral changes to the employment contract or disciplinary sanctions.
- Rights and responsibilities of teleworkers
Teleworkers are entitled to all the rights provided by law for employees working at the employer's premises, including in terms of remuneration, working conditions, and social protection.
Employers also have the obligation to provide appropriate working conditions, including necessary equipment, training on occupational health and safety, and access to relevant legal and internal information. Employers must also ensure the transport of materials required for teleworking, if applicable.
- Monitoring the teleworker’s activity
Under the telework regime, the employer has the right to monitor the employee’s activity, primarily through the use of remote communication technologies, as outlined in the individual employment contract and the internal regulations. However, this monitoring must be carried out while respecting the privacy and rights of the teleworker.
- Occupational health and safety
A crucial aspect of teleworking is occupational health and safety. Employers are required to provide a safe working environment for teleworkers, who in turn must comply with safety regulations. These regulations include the obligation to not alter the working conditions at the place of activity, to use only safe equipment, and to follow the safety instructions provided by the employer.
Additionally, teleworkers must be properly trained in the use of work equipment and ensure the confidentiality of information and documents they have access to during their work.
- Conclusion
Teleworking is a form of employment that offers numerous benefits for both employees and employers but requires strict adherence to rules in order to protect employees' rights and ensure safe working conditions. Whether you are a teleworker or in the process of implementing teleworking in your company, it is important to familiarize yourself with the legal regulations and comply with the obligations set forth by the law. If you have any doubts or uncertainties, consulting a labor law specialist can be crucial to ensure that you comply with all legal provisions.
Finally, remember that teleworking can be an excellent opportunity for flexibility and efficiency, but it requires proper organization and effective time and resource management.
EN 
RO