Employees who have children up to the age of 11 in their care are entitled, upon request, to work from home or engage in telecommuting for 4 days per month, in accordance with the provisions of Law No. 81/2018 concerning telecommuting regulations. These provisions do not apply to situations where the nature or type of work does not permit such conditions.
In cases where both parents or legal representatives are employees, a self-declaration from the other parent or legal representative will be required, attesting that they have not requested work from home or telecommuting for the same period.
The self-declaration from the other parent or legal representative is not required if the parent or legal representative falls into one of the following situations:
• Unmarried;
• Widowed;
• Divorced;
• Spouse declared missing by a court decision;
• Spouse is under preventive arrest for a period exceeding 30 days or serving a custodial sentence and not contributing to the child’s support;
• Not yet 18 years old and falls under one of the above situations;
• Appointed guardian or entrusted with one or more children in placement, and is unmarried, widowed, or divorced.
Additionally, by derogation from the provisions of Law No. 81/2018 concerning telecommuting regulations, employees targeted by this law who are set to carry out their work remotely from home or engage in telecommuting have the obligation to possess all necessary means to fulfill their responsibilities as per their job description.
The aforementioned provisions are applicable starting from July 25, 2023.
Considering the presented legislative changes, we recommend adjusting the Internal Regulations and internal policies to incorporate these new legislative amendments and establish specific procedures. Furthermore, it is advised to assess the number of employees to whom these provisions apply and evaluate the impact of these regulations on the flow of employees necessary for operations at offices or workplaces.
If you are in search of expert legal consultancy to successfully implement the aforementioned new provisions and ensure compliance with legislative changes, we encourage you to reach out to our consultancy services. Our team of professionals is at your service to guide you through the process of implementing these changes and ensuring that all legal aspects are duly addressed.
Contact us: office@grecupartners.ro – (+4) 031 426 0745
Vladimir Catargiu – Attorney at Law