Romania: The new law on teleworking

On 2 April 2018, the law on teleworking was published in the Romanian Official Gazette.

As no other effective date was mentioned, the law will enter into force three days after its publication, i.e. on 5 April 2018.

According to the adopted law, teleworking is work done when an employee performs his/her specific duties, tasks or occupation on a regular and voluntary basis in a place other than the working place organized by the employer, at least one day per month, using information technology and other means of communication.

Teleworking must be specifically stipulated in the employment agreement, or by agreeing on an addendum to the employment agreement. Such addenda must include mandatory information such as: the employee performs teleworking; the period and / or the days when the teleworker is performing such activity; the place(s) of the teleworking activity as agreed by parties; the time frame when the employer is entitled to check the activity of the teleworker and the means of such checking; the means of identifying and registering the working hours of the teleworker; etc.

An employee who refuses to perform teleworking cannot be subject to disciplinary measures, and an employer cannot unilaterally decide that an employee has to perform teleworking.

When hiring, when changing the place of telework, when introducing new working equipment or when implementing any new working policies, the employer must meet specific obligations that include providing adequate and appropriate training in health and safety at work by means of information letters and instructions with specifics related to the teleworking place and to the telecommunication equipment used.

Furthermore, in order to check the working conditions related to health and safety and to ensure compliance with legal requirements, labour inspectors are allowed to access the premises where teleworking is carried out. If such place is the domicile of the employee, the latter must be notified and express his consent.

Conclusion: Teleworking must be specifically mentioned in employment agreements or addendums to such, as the case may be. For the validity of teleworking, such agreements must include specific information provided by the law. Employers are not absolved from liability for working accidents if such accidents occurred as a result of not observing legal provisions.

(Source: the Romanian Official Gazette no. 296/2 April 2018)