worl from home law updates
January 19, 2022 rcplegal 0 Comments

The year 2020 was a major point in changing some aspects of work in general. In particular, the Covid19 situation has pushed the authorities towards recommending home working or teleworking more and more.

Employees have the possibility to work from home elsewhere outside their employer’s premises, but there is one condition: the work must be done on a computer or smartphone. Moreover, working from home can only be done voluntarily, on a regular basis, under an individual employment contract. In short, it can only be done if the employee agrees to it, so it cannot be imposed. Also, according to Law no. 81/2018, the employee’s refusal to telecommute cannot constitute grounds for disciplinary action against him/her.

O.U.G. no. 36/2021 removed the previous condition that teleworking must be done “at least one day a month”. At present, the law no longer specifies a specific number of days per month, which may create some practical difficulties. It is important that the employee’s activity is not accidental, but that it is properly planned, so that at least part of it is constantly carried out remotely. This does not imply that all work must be carried out remotely or that the majority of working days must be worked remotely.

Law No 208/2021 allows parties to opt to use advanced electronic signatures or qualified electronic signatures when concluding, amending, suspending or, where appropriate, terminating the individual employment contract. On the other hand, this law does not oblige the employee to use the advanced electronic signature or the qualified electronic signature.

The O.G. no. 19/2021 regulated that persons who are vaccinated against COVID19 with the full vaccination scheme receive a food allowance, in the total amount of 100 lei, in the form of paper meal vouchers, which have the physical and value characteristics provided for by Cap. II – Meal vouchers of the Law no. 165/2018 on the granting of value tickets, as amended and supplemented.

Law no. 296/2020 introduces the possibility for the employer to support the expenses for utilities at the place where the teleworkers carry out their activity (electricity, heating, water and data subscription, purchase of furniture and office equipment) within a monthly ceiling of 400 lei. The amount of 400 lei is not subject to income tax and social security contributions, and is a deductible expense for the employer if:

(a) it is granted to a teleworker
b) It is granted in proportion to the number of days worked in teleworking
c) It is provided for in the internal regulations or in the employment contract

OUG no. 192/2020 in article 17 provides that, during the state of alert, employers shall provide for work at home or telecommuting, where the specific activity allows it.

Telecommuting provides for a series of obligations for the employer as well as possible sanctions as follows:

The employer is obliged to expressly stipulate in the individual employment contract or in the addendum to the contract that the employee performs an activity in teleworking mode;

Penalty: fine of 10.000 lei for each person

The employer is obliged to have the consent of the employee for the teleworking activity;

Sanction: fine 5.000 lei

The employer is obliged to have the consent of the full-time teleworker if he/she works overtime at his/her request;

Penalty: fine 5.000 lei

The employer is obliged to include in the collective labour contract all the 10 clauses provided for in art. 5, para. 2;

Penalty: fine 5.000 lei

The employer is obliged to provide the necessary means and/or safe work equipment necessary for the work;

Sanction: fine 2.000 lei

The employer is obliged to install, check and maintain the work equipment necessary to perform the activity;

Sanction: fine 2.000 lei

The employer is obliged to provide all the necessary conditions for the training of the teleworker in the field of safety and health at work specifically in the form of information and work instructions dedicated to the place of performance of the remote work activity and the use of the equipment with viewing screen. This information is required: when hiring, when changing the place of telework, when introducing new work equipment or when introducing any new work procedure;

Sanction: fine 2.000 lei

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