Teleworking for employees with children under 11 years of age in care
Concerning the recent Law for the completion of Law no. 53/2003 – Labour, is the number of days/month (4 days) of teleworking/ homeworking granted regardless of the number of children? Is there a possibility that the employer may refuse…
Concerning the recent Law for the completion of Law no. 53/2003 – Labour, is the number of days/month (4 days) of teleworking/ homeworking granted regardless of the number of children? Is there a possibility that the employer may refuse the employee's request even if the work can be carried out at home/ remote working?
Upon request, employees who have children up to 11 years of age as their dependants are entitled to 4 days per month of work at home or telecommuting, in accordance with the Law no. 81/2018 on the regulation of telecommuting, except in situations where the nature or type of work does not allow for such conditions.
In the situation where both parents or legal representatives are employees, the request shall be accompanied by an affidavit of the other parent or legal representative, stating that, for the same period, he/she has not requested to work at home or telecommute.
As you can see, the new text law provides that employees who have children up to 11 years of age as caregivers benefit from 4 days per month of work at home or telecommuting, in accordance with Law no. 81/2018 on the regulation of telecommuting, with subsequent amendments and additions. It follows that the 4 days of telecommuting must be granted in compliance with the conditions of Law 81/2018.
According to this law, it is necessary to draw up an addendum to the individual employment contract by which the contract is modified into an individual employment contract with a teleworking clause.
The teleworking activity shall be based on the agreement of the parties and shall be expressly provided for in the individual employment contract upon its conclusion for the newly employed staff or by an addendum to the existing individual employment contract.
The modification of the individual employment contract is registered in Revisal by modifying the type of individual employment contract into an individual employment contract with a teleworking clause.
The 4 days of teleworking are granted to each employee with children under 11 years of age, regardless of the number of children. It is not granted to each child.
In situations where the nature or type of work allows teleworking, the employer cannot refuse the employee's request.
Author: Attorney at law, Ana Maria Nistor, Law Office Grecu & Partners.
