New Draft Law For Teleworking Activities In Romania

Author:Ms Ileana Glodeanu and Elena Ichimescu
Profession:Wolf Theiss

Draft law regarding teleworking activities is currently in the process of being approved by the Romanian government.

The Draft Law has been submitted to the General Secretary of the Government in order for it to review the law's constitutionality.

According to this Draft Law, teleworking will allow employees to work voluntarily and on a regular basis as an approved alternative workplace besides the workplace organized by the employer, at least 1 (one) day per month by using information and communication technologies.

Aside from the general provisions set out in an individual labor agreement, the employment agreement ("Agreement") or the addendum to the employment agreement ("Addendum") must include the following provisions:

- the express provision that the employee can perform teleworking activities; - the duration and / or days in which the teleworker can perform the activities in a workplace organized by the employer; - the place / places where the teleworking activities will be performed; - the schedule when the employer has the right to verify the teleworker activities and the way in which the monitoring will be done; - the way of recording the workdays performed by the teleworker; - the parties' responsibilities for the place / places were the teleworking activities will be performed, including the responsibilities relating to health and safety; - the employer's obligation to ensure transportation to and from the workplace for any materials which the teleworker uses to perform their specific activities; - the employer's obligation to inform the employee about the internal regulations, collective bargaining agreement provisions or any other legal provisions regarding data protection and the employee's obligation to comply with these provisions; - the measures that the employer must take in order to ensure that the teleworker will not be isolated from the other employees and offering the teleworker the possibility to meet with his/her colleagues on a regular basis; - the conditions under which the employer will bear the expenses related to the teleworking activities. The employee's refusal to perform the teleworking activities cannot result in disciplinary sanctions or the individual labor agreement's unilateral amendment.

The overtime work can be performed only with the employee's written consent.

The Employer's Obligations

The employer has the following primary obligations regarding the health and safety...

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