In Romania, remote work, also known as telework, is becoming increasingly popular. The legal framework, technological considerations, and employer obligations surrounding remote work practices are important aspects to consider.

Legal Framework

Romania's Law No. 81/2018 on Telework Activity provides the legal basis for remote work. This law, which aligns with the European Framework Agreement on Telework (2002), outlines key aspects of telework arrangements:

• Employee Eligibility: Any employee can be eligible for telework, provided the agreement is formalized in writing within the employment contract.
• Mutual Agreement: Both the employer and employee must agree to the telework arrangement. The employee cannot be pressured into remote work, and their refusal cannot be grounds for disciplinary action.
• Telework Agreement: A written telework agreement should specify details such as work location, schedule, communication tools, and health and safety considerations.
• Employee Rights and Obligations: Teleworkers have the same rights and obligations as any other employee regarding work hours, compensation, holidays, and social security contributions.

Technological Infrastructure Requirements

A robust technological infrastructure is essential for a successful remote work experience:

• Communication Tools: Reliable video conferencing platforms, instant messaging apps, and project management software are crucial for effective communication and collaboration.
• Cybersecurity Measures: Employers should implement cybersecurity protocols to protect sensitive data and ensure network security for remote workers.
• Equipment: Providing or offering reimbursement for equipment like laptops, headsets, and ergonomic furniture can enhance employee well-being and productivity while working remotely.

Employer Responsibilities

Employers have specific responsibilities when implementing remote work policies:

• Training and Support: Employers should provide training on using remote work tools and best practices for remote communication and collaboration.
• Performance Management: Establishing clear performance metrics and conducting regular performance reviews are essential for managing remote employees effectively.
• Work-Life Balance: Employers should promote healthy work-life boundaries for remote workers and discourage practices like after-hours communication unless absolutely necessary.

Romania offers a variety of flexible work arrangements to cater to diverse needs. These options come with their respective legal references.

Part-Time Work

Part-time work in Romania is defined as employees working a shorter schedule compared to a full-time position. The minimum part-time work duration is half of the legal working time, which is currently set at 8 hours per day. Part-time employees receive proportional benefits based on their working hours. These benefits include salary, vacation days, and social security contributions.

Flexitime

Flexitime is a concept where employees have some flexibility in scheduling their work hours within daily or weekly limits. This is as long as core working hours are met. Flexitime arrangements require a written agreement between the employer and employee. This agreement specifies core hours, flexible hours, and timekeeping methods.

Job Sharing

Job sharing is a flexible work arrangement where two or more employees share the responsibilities of a single full-time position. This involves dividing work hours and tasks. Each job-sharing employee has an individual employment contract with the employer. This contract outlines their specific responsibilities and working hours. Job sharing allows for a more balanced workload and can be attractive to individuals seeking reduced hours.

Equipment and Expense Reimbursements

Romanian law does not mandate employers to provide equipment or reimburse expenses for flexible work arrangements. However, some employers might offer equipment such as laptops, headsets, and ergonomic furniture to support a comfortable and productive home office environment. They might also offer partial or full reimbursement for internet connectivity, phone charges, or electricity used for work purposes.

The transition to remote work has brought data protection and privacy into sharp focus for both employers and employees in Romania.

Obligations of Employers

Employers are required to adhere to the General Data Protection Regulation (GDPR), the primary legal framework governing data protection in the European Union, including Romania. This means they must comply with GDPR principles when processing employee data, irrespective of the employee's location.

Data minimization is another key obligation. Employers should only collect and process the minimum amount of employee data necessary for work purposes. This could include work contact information, performance data, and data used for communication and collaboration tools.

Employers are also responsible for implementing appropriate technical and organizational measures to safeguard employee data from unauthorized access, disclosure, alteration, or destruction. This may involve secure remote access protocols, data encryption, and employee training on data security.

Rights of Employees

Employees have the right to be informed about how their data is collected, used, stored, and secured by their employer. Employers should provide a clear and accessible privacy notice outlining these details.

Employees also have the right to access their personal data held by their employer, request rectification of inaccurate data, and request erasure of their data under certain circumstances.

In case of a data breach that poses a high risk to employee rights and freedoms, employers are obligated to notify the Romanian Data Protection Authority and affected individuals within 72 hours.

Best Practices for Data Security

Employees should be encouraged to maintain separate work and personal devices and accounts. This minimizes the risk of unauthorized access to company data.

Employers should enforce strong password policies and implement data encryption for sensitive information. They should also restrict employee data sharing to authorized personnel and only for legitimate work purposes.

Maintaining regular backups of company data and having a robust data recovery plan in place is also crucial.

Finally, employers should regularly train employees on data protection best practices, including data breach awareness and phishing scams.