In this article we offer explanations about remote work in Romania and the legislative changes that have occurred recently for regulating this concept.
We also provide answers to the most important questions about remote work, or work from home rules, such as:
- What is the remote work (or work from home) concept?
- Who can benefit from remote work/work from home in Romania?
- Where can remote work be done by an employee?
- How can a Romanian employer verify the work of a remote employee?
- What are the new legislative changes, as of May 6, 2021, that employers must take into account?
- How should health and safety at work training be done by Romanian employers, in remote work conditions?
- What additional information will the remote work contract have to include, compared to a standard individual employment contract?
What is the remote work (or work from home) concept?
According to recent changes in Romanian labor law, remote work is defined in Romania as “the form of work through which the employee, regularly and voluntarily, fulfills his job position duties elsewhere than the workplace organized by the employer, using information and communication technology means”.
Therefore, this involves working remotely, in any location chosen by the employee, in compliance with the rules and conditions established by mutual agreement with the employer.
Remote working/working from home requires the agreement of both parties, the employer and the employee, and according to the Romanian legislation in force, the remote work situation must be specified in the individual employment contract and must be registered in the Romanian Register of Employees (REVISAL).
Who can benefit from remote work/work from home in Romania?
Remote work can be practiced whenever this activity is contractually agreed between the two parties involved (the employer and the employee) without any additional approvals required.
Where can remote work be done by an employee?
Following the Government Emergency Ordinance no. 36/2021, Romanian authorities established that an employee doing remote work is no longer obliged to declare the location from which he/she carries out the activity. Thus, the employment contract will no longer have to reflect this information, and employees no longer need the approval of their employer to change the location from which they work.
The employee can carry out his work remotely, from anywhere, as long as he does not change “the conditions of safety and health at work from the places where he carries the activity”.
How can a Romanian employer verify the work of a remote employee?
As per the provisions of the recently published Emergency Ordinance, the employer has the right to verify the activity of the employee using “any information and communication technology means”. The ambiguity was eliminated, and now companies are given the right to monitor the work of their employees, under the conditions specified in the signed employment contracts, the internal regulations or the company’s collective labor contract (if the case).
What are the new legislative changes, as of May 6, 2021, that employers must take into account?
On May 6, 2021, two emergency ordinances regarding remote work came into force in Romania: GEO 36/2021, and GEO 37/2021. These come with new changes that aim to regulate aspects related to remote work in Romania, and align to the new economic reality imposed by the pandemic.
The most important changes implemented by these ordinances are:
Changes applicable only for micro-enterprises:
How should health and safety at work training be done by Romanian employers, in remote work conditions?
The employer still has an obligation to provide adequate training in the field of labor health and safety, and fire prevention and extinguishing.
The company must ensure that employees working remotely are informed and trained both when joining the company, and each time a new working procedure or equipment is introduced that could involve additional risks for employees.
Who needs health and safety at work & fire prevention training?
According to the applicable law, all Romanian employers have the obligation to provide training in the field of Health and Safety and in the field of Fire Prevention and Extinguishing to all employees, regardless of the field of activity.
In addition, employees must be trained and informed about remote work, and the conditions for carrying out their activity remotely.
What additional information will the remote work contract have to include, compared to a standard individual employment contract?
The remote work contract concluded with an employee must include at least the following important information:
All employees must be informed about their applicable remote work conditions, about the rights and obligations they have if they work remotely. The new legislative changes are addressed to all entrepreneurs who hire remote working staff in Romania.
