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October 20, 2021

Teleworking: The Senate adopted the draft law regulating the remote work

Senators adopted on Monday, with 93 “pros”, 1 “con” and 15 abstentions, the draft law regulating the teleworking, which provides that this is a form of organizing the remote work.

According to the draft law initiated by the Government and approved in the Government meeting of August 9, teleworking is the form of organizing work in which “a certain activity that could be performed at the working place organized by the employer, is carried out remotely by an employee, separately from this location, regularly and voluntarily, by using information and communication technology”.

The activity is performed according to a full-time individual employment agreement or to an addendum to it, observing the cumulative requirements in order to carry out the activity outside any working place organized by the employer, by using means corresponding to the information and communication technology, such as Internet, smartphone, others, in order to perform the teleworking activity at least one day per month and the employer has to consent to this form of organizing the work by signing the individual employment agreement or an addendum to it, as the case may be.

Not observing the provisions related to the obligation of expressly providing in the individual employment agreement or in its addendum that the activity is carried out in the teleworking regime is a contravention and it is sanctioned by a fine of RON 10,000 for each person, reads the report of the Committee for Labour, Family and Social Protection.

According to an amendment adopted by the Committee for Labour, Family and Social protection, the full-time employee may perform overtime work, at the employer’s request and with the written consent of the employee.

The Senate is the first notified Chamber in this case, and the Deputies’ Chamber is the decisional body.

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