Official seal affixed:

[ROMANIAN GOVERNMENT]

LABOUR INSPECTION

I HEREBY APPROVE,

Dantes Nicolae BRATU

State Inspector General

GUIDE ON WORKING FROM HOME / TELECOMMUTING / INDIVIDUALIZED WORKING HOURS

1. ESTABLISHING INDIVIDUALIZED WORKING PROGRAMS

• by means of unilateral decision of the employer, so that the staff is divided into at least two groups to commence and end, respectively, the activity at a difference of at least one hour.

This implies only the change of the working hours, and not of a clause of the individual employment agreement and, therefore, it is not sent to the General Record of Employees.

• WORKING FROM HOME    throughout the state of alert, the employers may order by means of decision, upon working from home, in compliance with the legal provisions in force;
•   in addition to the general elements, the decision will also include those provided in Art. 109 of the Labour Code:
•   the fact that the employee works from home;      
•   the period of time for which this measure applies;    
• the working hours during which the employer is entitled to control the employee’s activity and the actual method used to carry out such control;
• employer’s obligation to ensure the transport to and from the employee’s domicile, as the case may be, of the raw material and materials used for the performance of its activity, as well as of the finished products it makes.
• the communication with the computer system regarding the General Record of Employees (REGES / REVISAL) will be carried out in accordance with the provisions of the Government Decision No. 905/2017 on the general record of employees.
• I.         Registration and communication of the agreement for working from home
• 1.1        Registration of a new agreement for working from home 

 The working from home agreement is registered in REGES / REVISAL by using the Agreement registration functionality: in the Agreement type screen within the interface corresponding to the Add agreement operation, the value Working from Home Agreement is selected for the Contract type attribute. 

 The remaining attributes related to the working from home agreement – with regard to the working schedule, duration, agreement details (number, signing date, commencement of activity, occupation, etc.), salary, premiums and allowances and the effective date shall be filled in using the same method as for the individual employment agreement.The field Effective Date shall be filled in with the date of commencement of activity pursuant to the working from home agreement.

 1.2. The amendment in REGES / REVISAL of an ongoing individual employment agreement to working from home agreement 

The amendment in REGES / REVISAL of the ongoing individual employment agreement shall be carried out using the Change agreement functionality: the value Agreement type is changed from Individual Employment Agreement to Working from Home Agreement and, if necessary, other attributes of the individual employment agreement – changed to working from home agreement – related to the working schedule, duration, agreement details, salary, premiums and allowances shall also be changed. 

 The date when the individual employment agreement is changed shall be registered in REGES/REVISAL by filling in the field Effective date. 

 The registry corresponding to adding the working from home agreement / changing the individual employment agreement and the communication hereof shall be generated prior to the commencement of the activity, i.e., prior to the entry into force of the decision amending the individual employment agreement.

 II.       Registration and communication of the decision upon ceasing the work from home 

Cessation of work from home shall be registered in REGES / REVISAL by using the Agreement change functionality: the value Agreement type is changed from Working from Home Agreement to Individual Employment Agreement and, if necessary, other attributes of the individual employment agreement – related to the working schedule, duration, agreement details, salary, premiums and allowances shall also be changed. 

 The date when the cessation of the work from home becomes effective shall be registered in REGES/REVISAL by filling in the field Effective date. 

 C.        TELECOMMUTING ACTIVITY 

  -throughout the state of alert, the employers may order, by means of decision, upon telecommuting, in compliance with the legal provisions in force;

-it can only be applied for the activities which involve the use of information and communication technology;

-in addition to the general elements, the decision will also include those provided in Art. 5 para. (2) of Law No. 81/2008 regulating the telecommuting:

·         the express specification that the employee carries out his/her activity under telecommuting regime;·        

.       the period of time and/or days when the teleworker carries out his/her activity at a work place organised by the employer;

·         the place/places from where the telecommuting is being carried out, agreed upon between the parties;

·         the working hours during which the employer is entitled to control the teleworker’s activity and the actual method used to carry out such control;

·         the method used to emphasize the working hours delivered by the teleworker;

·         parties’ responsibilities agreed upon depending on the place/places where the telecommuting is being carried out, including the occupational safety and health responsibilities;

·         employer’s obligation to ensure the transport to and from the place/places where the telecommuting is being carried out of the materials the teleworker uses in his/her activity, as applicable;

·         measures to be taken by the employer in order not to isolate the teleworker from the rest of the employees, and which provide the former the possibility to regularly meet his/her colleagues;

·         employer’s obligation to notify the teleworker with regard to the provisions of the legal regulations, the applicable collective employment agreement and/or the internal regulation in the field of personal data protection, as well as the teleworker’s obligation to comply with such provisions;

·         terms based on which the employer shall incur the expenses related to the telecommuting activity.

• the communication to REGES/REVISAL shall be carried out in accordance with the provisions of G.D. No. 905/2017 on the general record of employees, as follows:
• I.         Registration and communication of the TELECOMMUTING clause
• 1.1        Registration of a new agreement with telecommuting clause
• The individual employment agreement with a telecommuting clause shall be registered in REGES / REVISAL by using the Agreement registration functionality: in the Agreement type screen within the interface corresponding to the Add agreement operation, the value Individual Employment Agreement with Telecommuting Clause is selected for the Contract type attribute. 

 The remaining attributes of the individual employment agreement with a telecommuting clause – related to the working schedule, duration, agreement details (number, signing date, commencement of activity, occupation, etc.), salary, premiums and allowances and the effective date shall be filled in using the same method as for the individual employment agreement.

The field Effective Date shall be filled in with the date of commencement of activity pursuant to the individual employment agreement with a telecommuting clause. 

1.2. The amendment in REGES / REVISAL of an ongoing individual employment agreement to individual employment agreement with telecommuting clause In the event a decision is issued with regard to changing in REGES / REVISAL the ongoing individual employment agreement to an individual employment agreement with telecommuting clause, such amendment shall be carried out using the Change agreement functionality, by changing the value Agreement type from Individual Employment Agreement to Individual Employment Agreement with Telecommuting Clause and, if necessary, other attributes of the individual employment agreement – changed to individual employment agreement with telecommuting clause – related to the working schedule, duration, agreement details, salary, premiums and allowances shall also be changed. 

 The date when the telecommuting clause becomes effective shall be registered in REGES/REVISAL by filling in the field Effective date. 

 The registry corresponding to adding the individual employment agreement with telecommuting clause / changing the individual employment agreement and the communication hereof shall be generated prior to the commencement of the activity, i.e., prior to the entry into force of the decision amending the individual employment agreement.

 II.       Registration and communication in REGES/REVISAL of the decision upon ceasing the telecommuting 

The termination of the telecommuting clause shall be registered in REGES / REVISAL by using the Agreement change functionality: the value Agreement type is changed from Individual Employment Agreement with Telecommuting Clause to Individual Employment Agreement and, if necessary, other attributes of the individual employment agreement – related to the working schedule, duration, agreement details, salary, premiums and allowances shall also be changed. 

 The date when the termination of the telecommuting clause becomes effective shall be registered in REGES/REVISAL by filling in the field Effective date. 

 IMPORTANT!

In the REGES / REVISAL system, the period of time during which the telecommuting clause is applied shall be determined by the calendar dates which are recorded in the Effective date field for the registration and, respectively, the termination of the telecommuting clause. Consequently, we recommend you should pay special attention to correctly filing in such information. 

 WHEN APPLYING THESE PROVISIONS, EMPLOYERS SHALL TAKE ALL NECESSARY MEASURES TO REDUCE THE RISK OF SARS-COV-2 VIRUS INFECTION WITH REGARD TO THESE CATEGORIES OF WORKERS.