Telework, as an activity, is legally grounded in Law no. 81/2018 on the regulation of teleworking and represents that form of work organization through which the employee, voluntarily, fulfills their contractual duties in a place other than the usual workplace organized by the employer, using information and communications technology.
The primary difference between teleworking and working from home lies in the fact that, in the case of telework, the employee utilizes the information and communications technology mentioned in the previous paragraph.
The performance of services through telework is based on the mutual consent of the parties (employer and employee) and must be expressly provided for within the Individual Employment Contract or a subsequent addendum.
What happens if the employee does not consent to teleworking?
Well, nothing. According to the legal text, any refusal by the employee cannot constitute a ground for unilateral modification of the employment contract (the employer cannot impose telework through the contract without your consent), nor can it constitute a ground for disciplinary sanction against the employee.
What are the teleworker's rights?
As stipulated in Law no. 81/2018as provided, teleworkers enjoy the same rights as other employees working from the employer's physical premises, with no distinctions made in this regard. Therefore, the teleworker is entitled to all rights recognized by law, internal regulations, collective labor agreements, or any other such documents.
Furthermore, other essential and specific rights arising from the legal text are as follows:
1. The right to disconnect
Essentially, beyond the working hours specified in the contract, teleworkers are not required to answer emails, messages, calls, or other work-related communications.
Over time, there have been numerous situations where this right was violated by the employer, who more often than not, disregards the end of your working hours.
2. Equality of treatment
As previously mentioned, every teleworker enjoys the same rights as other employees working physically at the employer's premises; no discrimination is permitted based on the fact that the employee works remotely (including access to training, bonuses, or information).
3. The Right to Work Equipment and Occupational Safety
The employer is obligated to provide the teleworker with all the necessary means to carry out their activity; specifically, the employer has the obligation to properly train them regarding the use of the equipment to ensure their safety.
4. The Right to Privacy
The employer has the right to monitor the teleworker's activity; however, this may only occur within the time intervals agreed upon by both contracting parties and through methods strictly provided for by law.
Furthermore, for the purpose of applying and verifying the teleworker's working conditions, the employer has the right to inspect the location where the activity is performed; however, should the employee work from their own residence, such access shall be granted only following prior notification and subject exclusively to the valid consent of the teleworker.
Conclusion
Varianta Profesională (Îndemn la acțiune) "Whether you work remotely or in a standard office setting as part of an employment contract, it is essential to know your rights and to take action if they are not respected. To analyze your specific situation and the working conditions you are facing, I invite you to contact me with confidence!
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