The employer’s responsibility begins with risk assessment
Law No. 319/2006 requires employers to safeguard workers’ health and safety in every aspect of their work. Engaging an external prevention and protection service does not remove that responsibility. Measures should form part of work organisation and be updated as risks change.
Risk assessment underpins the prevention and protection plan, working instructions and equipment measures. Specific duties, health surveillance and coordination with other companies whose teams share the premises are also relevant.
- Risk assessments for existing roles and activities, including workers exposed to specific risks.
- A prevention and protection plan and instructions tailored to the workplace.
- Initial and periodic training, updated when equipment, technology or procedures change.
- Safe work equipment and, where necessary, personal protective equipment.
- The records and notifications required following accidents or other incidents.
Training and employee obligations
Training must be sufficient, appropriate and provided during working hours at no cost to the worker. Signing a form is no substitute for actual training or implementation of the necessary measures. Evidence may be kept on paper or electronically, subject to legal requirements.
Workers must use equipment correctly, follow instructions and report defects or dangerous situations. In the event of serious and imminent danger, the law provides for stopping work and moving to a safe area, together with protection against unjustified adverse consequences.
Clear documentation for remote work
Law No. 81/2018 defines remote work as the regular and voluntary performance of duties away from a workplace organised by the employer, using information and communications technology. The arrangement must be expressly recorded in the employment contract or an amendment.
The documents must specify, among other matters, days spent at an employer-organised workplace, when and how work is checked, working time records, health and safety responsibilities, data protection and expense arrangements. Measures to prevent the employee’s isolation from the team are also required.
Training on equipment use and working rules remains necessary. Working hours are agreed with the employer; remote work does not mean permanent availability. The law requires a full-time remote worker’s written consent to requested overtime.
Monitoring work and managing incidents
Monitoring remote work must respect contractual conditions and personal data protection. Monitoring software or video surveillance requires an assessment of purpose, necessity and proportionality, alongside the special requirements applicable to employment relationships.
A workplace incident must be reported to the employer immediately. The employer has its own obligations to notify the authorities, depending on the incident. Documenting the circumstances and retaining records helps establish the facts and responsibilities.
Murar și Asociații advises on employment arrangements, remote working documentation, responses to inspections and disputes concerning employers’ obligations and employees’ rights.
Useful questions
Can an employer impose remote work by issuing a notice?
Law No. 81/2018 generally requires the parties’ agreement, recorded in the employment contract or an amendment. An employee’s refusal to accept remote work is not, by itself, a ground for disciplinary action.
Does a remote working clause automatically cover work from another country?
A general clause does not resolve every implication of working from another country. The agreed conditions and the applicable employment, social security and tax rules must be checked against the specific circumstances.
Legal sources
- Occupational Health and Safety Law No. 319/2006, consolidated text — Articles 6–7, 11–13, 20–23 and 26–27
- Law No. 81/2018 on remote work, consolidated text — Articles 2–5, Article 7(c) and Article 8
- Law No. 190/2018, consolidated version — Article 5 — employee monitoring
This analysis provides general information by reference to the sources and date stated. Advice on a specific situation depends on the documents, applicable law and any transitional rules.