Telework addendum to an employment contract (Romania)

Published byDocMuse

The addendum by which a Romanian employer and employee agree on telework, with every element Law no. 81/2018 requires: days at the office, when and how the employer checks the work, how hours are recorded, the equipment and costs the employer covers, health and safety, data protection and the steps against the teleworker being cut off from colleagues. The telework location has not been compulsory since 2021, but the parties may agree on one.

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Common questions

What must a Romanian telework addendum contain?

Law no. 81/2018 requires, among other things: a statement that the employee works in telework, the days at the employer's premises, when and how the employer may check the work, how hours are recorded, the health and safety responsibilities, information on data protection, the steps against isolation, and the terms on which the employer covers the costs. Since Emergency Ordinance no. 36/2021 the telework location is no longer compulsory, but it may be agreed. This addendum has all of them.

Can a Romanian employer impose telework?

No. Telework is voluntary and is set by agreement, in the employment contract or in an addendum. An employee's refusal to telework cannot be grounds for disciplinary action.

Who pays for internet and equipment in telework?

Whatever the addendum says; the law requires those terms to be written down, and leaving them out causes disputes. The employer may also pay the teleworker a monthly sum towards costs, which is not taxed as salary up to the limit set in the Tax Code.