Until now the Romanian labour law has regulated only the work from home as a way of working remotely. The Law no. 81/2018 on telework activity is more than welcome, as telework has important particularities that could not be properly regulated between the parties until now in lack of a specific enactment in this respect.
The telework is defined (in accordance with the European Framework on Telework) as a form of organising work, using information and communication technology, by which the employee – voluntary and on a regular basis – carries out its work away from employer’s premises at least one day per month.
For preventing the teleworker’s isolation from the rest of the employees the employer must ensure the possibility of teleworker to perform the activity within a workplace organized by the employer and to regularly meet the rest of the employees.
As opposed with work from home where the employee has the right to establish his/her working schedule, the teleworker must establish the work schedule by mutual agreement with the employer. The employer has the right to verify the teleworker’s activity under the conditions provided by the employment agreement, internal regulations and/or applicable collective bargaining agreement.
Similar with the other full-time employees, full-time teleworkers can perform overtime work at employer’s request. However, in case of teleworkers the law imposes a supplementary and formal condition, namely the written approval of the teleworker, failure to observe such condition being sanctioned with a fine of RON 5,000.
The employment agreement or the addendum to the employment agreement, as the case may be, must expressly provide:
a. the fact that the employee performs telework;
b. period and/or days when the employee performs his/her activity within a workplace organized by the employer;
c. the place(s) agreed by the parties for performing the telework;
d. the schedule when the employer may verify the teleworker’s activity and specific means for such control;
e. the means of recording the work hours;
f. the responsibilities agreed by the parties depending on the place(s) for performing telework, including workplace health and safety responsibilities;
g. the employer’s obligation to ensure the transportation of the necessary materials for performing the telework, if the case;
h. the employer’s obligation to inform the teleworker of all relevant legislation, collective bargaining agreement and/or internal regulations concerning data protection, as well as the teleworker’s responsibility to comply with these rules;
i. measures taken by the employer preventing the teleworker from being isolated from the other employees and giving him/her the opportunity to meet with colleagues on a regular basis;
j. conditions under which the employer bears the expenses related to telework.
Failure to include in the employment agreement or the related addendum the fact that the employee performs telework may be sanctioned with fine of RON 10,000 for each person, while the lack of the other mandatory provisions mentioned at let. (b)-(j) above may be sanctioned with fine of RON 5,000.
The employers’ obligations related to the workplace health and safety of the teleworker are:
a. to ensure safe information and communication technology means and/or work equipment necessary for performing the work, except for the case the parties agree otherwise;
b. to install, check and maintain the necessary working equipment, except for the case the parties agree otherwise;
c. to ensure conditions for adequate and sufficient health and safety instruction of the teleworker, in particular by means of information and work instructions specific to the workplace and the use of visual display units.
The teleworker also has obligations related to workplace health and safety, including: to inform the employer regarding the work equipment he/she uses and conditions at the place of work, to allow if possible the employer’s access to the workplace for assessment and accomplishment of the work health and safety measures, to maintain the health and safety conditions at the workplace, to observe the specific rules and restrictions set up by the employer regarding the use of the internet or of the received equipment.
Other specific rules and conditions on telework may be provided by individual or collective agreements and internal regulations.
The employees’ representatives and the representatives of the authorities have access to the telework place for verifying the work conditions of teleworkers. In case the place of work is the teleworker’s home, the access is allowed only with the prior notification of the teleworker and subject to teleworker’s consent.
Ana-Maria Placintescu – aprilie 2018
