Telework and health risks in the context of the COVID-19 pandemic
Telework is a phenomenon that is gaining momentum in the context of the COVID-19 pandemic, including Romanian companies, the percentage of those who worked in telework in Romania exceeding 20% in 2020, according to figures recently…
Telework is a phenomenon that is gaining momentum in the context of the COVID-19 pandemic, including Romanian companies, the percentage of those who worked in telework in Romania exceeding 20% in 2020, according to figures recently presented by the confederation employer Concordia. There are also sectors of activity where companies have completely switched to telework, such as IT.
According to art. 2 of Law no. 81/2018, telework is the form of work organization through which the employee, regularly and voluntarily, fulfills his duties specific to the position, occupation, or profession he holds, from another place than the workplace organized by the employer, using information technology and communications.
The telework activity is based on the agreement of will of the parties and is expressly provided in the individual employment contract together with its conclusion for the newly hired staff or by an addendum to the existing individual employment contract which, apart from the elements provided in art. 17 para. (3) of Law no. 53/2003, must include the following aspects:
a) the express specification that the employee works in telework regime;
b) the period and/or the days in which the teleworker carries out his activity at a job organized by the employer;
c) the program within which the employer is entitled to verify the activity of the teleworker and the concrete way of performing the control;
d) the manner of highlighting the working hours provided by the teleworker;
e) the responsibilities of the agreed parties according to the place/places of carrying out the telework activity, including the responsibilities in the field of safety and health at work in accordance with the provisions of art. 7 and 8;
f) the obligation of the employer to ensure the transport to and from the place of development of the telework activity of the materials that the teleworker uses in his activity, as the case may be;
g) the obligation of the employer to inform the employee regarding the provisions of the legal regulations, of the applicable collective labor agreement and / or the internal regulation, regarding the protection of personal data, as well as the employee's obligation to comply with these provisions;
h) the measures taken by the employer so that the teleworker is not isolated from the rest of the employees and which ensures him the possibility to meet with colleagues regularly;
i) the conditions under which the employer bears the expenses related to the telework activity.
Practically, this type of job can be supported by any person who works "remotely", from home or from another place organized by the employer, using the phone, laptop, tablet, computer, or any other device of information and communication technology.
