NEED OF REGULATION OF THE TELEWORKING CONTRACT IN THE ROMANIAN LEGISLATION Cover Image

NECESITATEA REGLEMENTĂRII ÎN LEGISLAȚIA ROMÂNĂ A CONTRACTULUI DE MUNCĂ LA DISTANȚĂ
NEED OF REGULATION OF THE TELEWORKING CONTRACT IN THE ROMANIAN LEGISLATION

Author(s): Dan Top, Lavinia Savu
Subject(s): Law, Constitution, Jurisprudence
Published by: Facultatea de Drept Cluj Napoca, Universitatea Creştina "Dimitrie Cantemir" Bucureşti
Keywords: telework; work at home; home office work; teleworking.

Summary/Abstract: In the Romanian labour legislation there is no legislation on telework, which is the activity performed by a person in other place than the place determined by the employer. It differs from domestic work, which is governed by the Labour Code (Art. 108-110) because the employer is not entitled to check directly the activity of the employee and the working can be done outside the home of the employee. A practical application is teleworking, a form of ongoing recent work, characterized by the fact that the employee operates regularly external from the employer using information technologies in connection with the employer's computer network, but with a very low scope, only on distance education or in computer programming or activity which does not yet know its own national legislation, at European level being only a framework agreement concluded in 2002 between the social partners who use this form of deployment of labour. There is a need for appropriate regulation of such activities, covering not only work from home (home office) but also via computer work, that work carried out through information technology because there is growing interest in this area, which is very useful in Romanian government, public power prerogatives, we think they could be successful through telework.

  • Issue Year: 1/2015
  • Issue No: 1
  • Page Range: 129-133
  • Page Count: 4
  • Language: English