Telework legislation in Romania and the EU

The situation created in the context of the COVID-19 Pandemic has accelerated the transformations in the work environment, making telework a standard component in many sectors. Both in Romania and within the European Union, the legislation had to be quickly adapted to respond to the new requirements generated by remote work.

In Romania, telework was initially regulated by Law No. 81/2018, which was later amended by subsequent legislation (GEO no. 192/2020, GEO no. 36/2021). The changes, imposed by the current needs in which more and more employers and employees turn to telework, generally aimed at simplifying the process of switching to telework, making it faster and less bureaucratic, as well as clarifying the aspects related to employers’ responsibilities for the health and safety of teleworkers.

According to the applicable legal regulations, telework is defined as “the form of work organization through which the employee, on a regular and voluntary basis, fulfills the specific duties of the function, occupation or job that he holds in a place other than the place of work organized by the employer, using information and communication technology”.

The European Union has also responded to the need for increased flexibility in regulating telework. Although the specific regulations vary from one member state to another, Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union encourages access to flexible forms of work. The directive establishes that all workers have the right to a predictable work schedule and a clear communication by the employer.

Specific Challenges and Solutions Adopted:

• Health and safety at work: in Romania, employers must ensure that teleworkers benefit from a safe and healthy work environment, according to existing regulations, which may include carrying out specific risk assessments at the teleworker’s home;
• Confidentiality and data protection: the implementation of the GDPR has placed additional emphasis on the security of data managed by teleworkers. Companies must ensure the implementation of appropriate security policies and measures to protect sensitive information;
• Adaptation of employment contracts: both in Romania and in the EU, employment contracts must reflect the specific detailed conditions of telework, including the work schedule, the employee’s responsibilities, and any compensation the employer owes for the expenses related to telework.

In conclusion, we note that the regulations in Romania and within the European Union underline a common commitment to the flexibility of work and adaptation to the new realities of the labor market, thus laying the foundations for the continuous evolution of work in the digital age.

If you need assistance regarding the application of telework regulations and for the adaptation of company policies to legal requirements, our team of specialized lawyers is at your disposal.

Photos by Elina Fairytale  and Ken Tomita on Pexels