The Romanian Labour Code was modified in order to include this new benefit for parents as an addition to all the measures taken in order to improve work-life balance. Parents that have children under the age of 11 in their care can now avail the work from home or telework arrangement for four days/month.
The employer will have to allow the employee to benefit from this right, with the exception of cases in which, by the nature of the activity performed by the employee, they cannot work from home or their activity cannot be performed through telework. Under the Romanian law, the main difference between working from home and teleworking is in the manner in which the activity is performed. Teleworking is performed exclusively by using IT&C technology and equipment, while work from home can include any type of activity that can be provided outside of the workplace. As a general rule, the employer should provide the employee who performs telework with the relevant equipment and technology. However, in the case of this new benefit, the employee needs to be in possession of suitable equipment and technology for the telework arrangement (this is not a negotiated clause but a legally recognised right of the employee).
In order to benefit from this right, the parent who wants to have this type of work arrangement needs to ask for the benefit and present a declaration from the second parent stating that they do not benefit from the same right from their employer. Parents who have the sole custody of their children do not need to present this declaration.
Practical point
The company needs to keep track of the age of the children of the employees that ask for this benefit. Also, as the Labour Code does not include any additional information regarding the declaration from the second parent, the companies can use a similar template of declaration as the ones used for parents requesting telework for situations when schools are closed.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.