Telework in practice. Schedule, records and responsibilities.

What is set out in the contract

In addition to the usual elements of the employment contract, Law no. 81/2018 requires telework to be provided for in the contract or in an addendum. The elements to agree include:

• A statement that the employee works in telework mode, and the period or days in which they do so
• The place or places where the work is carried out, as agreed by the parties
• The hours during which the employer can check the work, and the specific way it is checked
• How the hours worked are recorded
• The parties’ responsibilities for health and safety at work
• The equipment provided and how any costs are covered
• Informing the employee about data protection and measures to prevent isolation

Recording hours in telework

The obligation to record the hours worked each day, under Article 119 of the Labour Code, also applies to teleworkers, in the way agreed in writing. The usual options are:

Option	How it works	Suitable for
Phone app	Start and stop in the app, optionally with location	Mixed teams, field and home
PC app	Records opening, closing and inactivity	Office work, from home
Daily declaration in the platform	The employee enters the hours, the manager approves	Small teams, flexible hours

Employer checklist

• A signed addendum for each teleworker
• Internal regulations updated with the telework rules
• The method of recording hours communicated in writing
• Information on data processing, if you use time tracking apps
• Health and safety training adapted to the home workplace
• A plan of office and telework days, visible to the team

Sources

• Law no. 81/2018 on the regulation of telework, as amended
• Law no. 53/2003, the Labour Code, Article 119
• Consolidated texts: legislatie.just.ro

For information only. For your company’s specific situation, check the version of the legislation currently in force and discuss it with the company’s legal adviser.