Although Law No. 81/2018 on remote work has been in force for several years, essential questions still arise in practice about how this activity can be carried out correctly and legally. Employer-employee relationships raise various dilemmas, from approving remote work requests to the legal implications of changing the workplace without notification.
Daniel Cîrstea, partner at Dragne & Asociații, addresses this topic in this article, answering questions that arise in employment relationships between employers and employees.
Can an employer refuse an employee’s request to work remotely?
Yes. Remote work requires the agreement of both parties, meaning that the employer is not obligated to approve such a request. If the request concerns regular remote work, it can only be implemented with mutual agreement, either through an addendum to the employment contract or, if agreed upon from the start, as part of the individual employment contract (e.g., specifying the period/days for remote work, the workplace, etc.). Therefore, if the employer does not accept the request and no addendum is signed, the employee cannot work remotely.
If the request concerns a single day or occasional work from a location other than the official workplace, this does not qualify as remote work. Consequently, remote work legislation does not apply, and no contract addendum is required.
What are the risks of working remotely from an undeclared location? Can remote work be performed from any location? What happens if a workplace accident occurs while working remotely from a different location than the one agreed upon with the employer?
Many employees choose to work not only from home but also from cafés, restaurants, or even tourist locations. Although the law does not require a fixed location for remote work, it must be agreed upon with the employer to ensure that it is suitable for the nature of the work and complies with workplace health and safety regulations (e.g., providing work equipment, installation, maintenance, safety training, and data security).
Regarding workplace accidents, liability depends on whether both parties fulfill their obligations. According to Article 8(1) of Law No. 81/2018:
“The teleworker must perform their work in accordance with their training and the instructions received from the employer, so as not to expose themselves or others to risks of accidents or occupational diseases.”
Furthermore, under Article 20(1) of Law No. 319/2006 on workplace health and safety, the employer must provide training at hiring, when changing the workplace, or when introducing new equipment.
If an employee works remotely from an undeclared location, this constitutes a workplace change that the employer is unaware of, meaning they cannot provide necessary safety training. Consequently, the employer may be exempt from liability in case of a workplace accident occurring at an unapproved location.
Similarly, if an accident occurs while traveling to an undeclared work location, it will not be considered a workplace accident, as it did not happen on the normal route between the employee’s home and the official workplace.
Can an employee be sanctioned for working from a different location than the one declared?
Yes, under certain conditions. If changing the workplace leads to a breach of security and confidentiality obligations, exposing employer data or personal information, disciplinary action may be taken. Depending on the severity of the violation, this could include termination of the employment contract.
Other disciplinary actions may also apply if the employee’s actions violate contractual obligations and cause harm to the employer.
Can an employee be sanctioned or dismissed for refusing to return to the office?
No. Just as remote work requires mutual agreement, returning to the office also requires the consent of both parties. The employer cannot unilaterally require an employee to return to the office or impose disciplinary action for refusing to do so.
Therefore, if an employee refuses to return to the office or sign an addendum changing their work location, there is no legal basis for disciplinary sanctions. Moreover, such a refusal cannot justify termination for disciplinary reasons.
According to Law No. 81/2018, an employee’s refusal to work remotely cannot be a reason for disciplinary action. By analogy, refusing to return to the office cannot justify disciplinary dismissal.
Conclusion
Remote work offers flexibility but also comes with clear obligations for both employers and employees. The workplace must be mutually agreed upon, and changing it without notification can have significant legal consequences. At the same time, employers cannot force employees to return to the office without their consent, ensuring their rights are protected.