Teleworking, officially regulated. What employees need to know! - Your strategic HR partner - Smartree

Teleworking, officially regulated. What employees need to know!

remote workRemote work, as a benefit to employees, is, in recent years, a more and more common practice in companies operating on the local market. One of the main reasons for this is to reduce costs for both the employee and the company. On the other hand, the fact that the hierarchical superior is outside the country makes the office presence no longer indispensable.

In Romania, the law governing teleworking – including at the employee's home – was voted and published, but only with the help of technology. What should the Romanian employees know about this topic

  • Telework means any form of work outside the office space provided by the employer, at least 1 day / month, with the help of technology;
  • In order to fulfill their service duties, employees have to organize their work schedule in agreement with the employer, and the employer has the right to check their work under the conditions set out in the contract. Overtime is allowed with the written consent of the parties, only for those employed on a full-time basis;
  • The teleworking activity is based on the agreement of the parties and is expressly stipulated in the individual labor contract (or addendum to the contract). If the employee refuses to work under this scheme, he can not be punished or dismissed;
  • The employer is required to provide all the necessary conditions for a teleworker to work elsewhere than at the company's office space (laptop, internet connection), however the parties can negotiate those aspects;
  • Employees working in this system have equal rights to those working in the office, such as annual leave or medical leave;
  • The employer must check that all occupational safety rules are accomplished at home, and the Territorial Labor Inspectorates can check them.

What the contract of a teleworker should contain

  • Clear specification that they work in teleworking system;
  • The period and / or days in which they work at the job organized by the employer;
  • The place(s) of teleworking activity agreed by the parties;
  • The work schedule and the concrete way of achieving the verification by the employer in this interval;
  • The responsibilities of the parties agreed on the places of work, including those in the field of health and security;
  • The employer's obligation to ensure the transport to and from the place where the telework is carried out for the materials used by the employee, if any;
  • Employer's obligation to inform the employee on the internal regulations of the collective labor contract and / or internal regulation (such as personal data protection), and also the employee's obligation to respect them;
  • Measures taken by the employer to ensure that the employee can meet regularly with his colleagues;
  • The conditions under which the employer bears the costs of teleworking.

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