New legislation on telework

An emergency ordinance draft that was published on the Labor Ministry’s website for public debate between 14.10 and 23.10.2020 stipulates that Law no. 53/2003 – Labor Code will be supplemented with a number of important provisions.

One of them is the clarification of the concept of telework. Law No 81/2018 regulating the activity of telework will therefore be amended and supplemented by a number of clarifications.

The most important thing is to redefine the concept of telework. According to the draft decree, “tele-labor organization” means the form of work organization whereby the employee, on a regular and voluntary basis, carries out the duties specific to his position, occupation or profession, in a place other than the place of work organized by the employer, using information and communication technology”.

The difference from the Regulation in force is to remove the phrase “at least one day a month”, which gives this form of work organization a normal character.

Other additions to the project shall relate to:

• the method by which the employer will be able to check the work of the teleworker, in particular, allows verification to be carried out using information and communication technology;
• that the equipment used in telework may also be of the employee if the parties so agree by a written document;
• the employer’s obligation to train the teleworker with regard to safety and health at work, the use of display-screen equipment;
• introducing the obligation of teleworkers to observe professional secrecy and to preserve the confidentiality of the information and documents used.

Other provisions of the normative act refer to the possibility of using electronic signature at the conclusion of the individual employment contract and additional acts (details here)… and to changes to the law on safety and health at work (details here).