THE 19th ILERA WORLD CONGRESS

In Sweden it took place in Lund  the 19th ILERA World Congress between the 21st and 24th of June 2021. The theme of the Congress was  „Making and Breaking Boundaries in Work and Employment Relations”.



The Section 9:8 DIGITALIZATION, ROBOTS AND HUMAN WORK
Wednesday 23 June, 22:00–23:30 CEST
Chair
César F. Rosado Marzán, University of Iowa
Presenters
Jayoung Yoon, Chungnam National University: Technological Change and The Future World of Work in the Care Sector in Asia with a Focus on Elder Care in South Korea
Lena Abrahamsson, Luleå University of Technology; Jan Johansson, Luleå University of Technology: Digitalisa­tion and Sustainable Work – Obstacles and Pathways
Rebecca Selberg, Department of Gender Studies, Lund University: Automation and Digitalization in the ’Woman-Friendly’ Welfare State: Narratives of Gender and Technological Change in Swedish Labor Unions
Diming Li, School of Labor Relation and Human Resources, China University of Labor Relations: New Techno­logy and Labor in China Manufacturing — Based on Observations from Foxconn Technology Group
Dan Top, ASRPM_RO: Theoretical and Practical Aspects Regarding the Interaction between Human Workers and Robots at Work

The next Congress in 2024 in the USA

The International Day of Workers

 

International Conference

CONFERENCE SCHEDULE

13  MAI  2021

Participarea la Conferință se poate face accesând următoarea adresă:

https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o

Meeting ID: 323 503 6823

09.30- Deschiderea conferinței – prezentarea participanților

Partea I- lb. română (09.30 – 12.30)

Moderator: Dan ŢOP, Professor PhD

  Alexandru ŢICLEA, Professor PhD, Adelina DUŢU, PhD Lecturer – Harassment at work. Teoreticul and practical aspects  – Universitatea Ecologică, București – România.

Dan ŢOP, Professor PhD – The economic and social consequences of the increase in the number of employees working, as an effect of the coronavirus pandemic, in the telework regime in Romania – Universitatea Valahia din Târgoviște- România

 Gabriel ULUITU – Associate Professor PhD – Considerations regarding the suspension of the individual employment contract  – Universitatea Nicolae Titulescu, București- România

 Septimiu PANAINTE – Associate Professor PhD, Ramona Daniela STÂNGACIU – PhD Student The labor inspector searching for … Godot: undeclared distance work – Universitatea   A. I. Cuza din Iaşi- România

Carmen Constantina NENU – Associate Professor PhD – Evolulution of the employer`s right to establish the work schedule-Universitatea din Piteşti- România

Radu Răzvan POPESCU, Associate Professor PhD – Telework in the context of postpandemic labor relations – SNSPA București- România

 Sorin Alexandru VERNEA – Senior lecturer – Peculiarities of granting employment leave in case of Sars Cov 2 infection under Romanian regulation. Lessons for the future – Universitatea din București – România

Ada HURBEAN – Associate Professor PhD, Bogdan FLOREA – Assitent Lecturer PhD – Working from home and teleworking from a fiscal perspective Universitatea 1 decembrie 1918, Alba Iulia- România

Candit Valentin VERNEA – PhD Student – Pandemic, insolvency and labour relations. Current challenges, Universitatea din București- România

Ana Maria Alexandra IANCU – PhD Student – Social protection of vulnerable people at work, ICJ Academia Română

PAUZĂ – 12.30– 13.00 

 Partea II – lb. engleză 13.00-15.30

Moderator: Edvana TIRI, Lecturer PhD

 Participation in the Conference can be done by accessing the following address:

https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o

Meeting ID: 323 503 6823

 Horváth ISTVÁN- Associate Professor PhD; Petrovics ZOLTÁN -Assistant Professor PhD- COVID 19 in Hungary – Therapy and aftereffects in employment – Eötvös Loránd University- Hungaria

 Magdolna VALLASEK – Senior lecturer – The Effects of the Pandemic on Work-Life Balance of Employees – Problems and Conclusions – Sapientia Hungarian University of Transylvania- România

 Alberto LEVI – Professor PhD – The ”lavoro agile” in the Italian legal system, as an anti-contagion policy. University of Modena and Reggio Emilia- Italia

 Edvana TIRI, Lecturer PhD –-The Contract of Employment and the Rights of Employees in Albania – University Aleksandër Moisiu, Durres-   Albania

 Andon KUME – Associate Professor PhD – Public adminstration recruitment  in Albania according to EU standarts – University Aleksandër Moisiu, Durres-  Albania

 Linert LIREZA – Lecturer PhD – Freedom of Contract in Labour Relations – University Aleksandër Moisiu, Durres – Albania

Sandra TAVARES – Associate Professor PhD –   Repercussions of Covid on parental labor rights ‚  Catholic University Porto –Portugalia

 Ana Teresa RIBEIRO – Lecturer PhD Collective bargaining and platform work, – Catholic University Porto – Portugalia

 João Moreira DIAS – PhD Candidate – The portuguese telework regulation before and after COVID – Universidad Santiago de Compostela- Portugalia

14 MAI 2021

PARTEA A III-A

 Lb. spaniolǎ 17.00-20.30 (Hora de Rumania)

Moderator: Nicoleta ENACHE, Lecturer PhD

 El acceso se puede realizar accediendo a las siguientes coordenadas:

https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o

ID de la reunion:: 323 503 6823

  Gabriela MENDIZÁBAL BERMÚDEZEl trabajo con perspectiva de género – UAEM- Mèxico.

 Julio Ismael CAMACHO SOLIS  – Los sindicatos en la negociacion colectiva en Mèxico por la pandemia del Covid 19 Universidad Autónoma de ChiapasMèxico.

 Lόpez Insua BELÉN DEL MAR – Incidencia de Covid 19-en materia de incapacidades y riesgos profesionalesUniversidad de Granada -España.

 Alberto Chartzman BIRENBAUM – Towards a labor right with a human face- Universidad Nacional de Tres de FebreroBuenos Aires Argentina.

 Guillermo FERRIOL MOLINA Right of the work and the post pandemicCuba.

 Juan Manuel GÓMEZ RODRÍGUEZ-  Los retos del Teletrabajo con la nueva reforma laboral en Mexico- UAEM-Mexico.

 Luis Serrano DÍAZ- Labor inspection and remote work in Peru – Universidad Nacional Mayor de San Marcos- Perú.

 Jean José TAMARONES ROSAS –  Desconexión Laboral Post Covid ¿Quimera o Presagio? -Universidad Libre Bogota- Colombia.

 Rúben Toledo ORIHUELA  Las consecuencias del Teletrabajo en Mexico a partir de la pandemiaUAEM- Mèxico.

 Roberto Martínez REGINO – Las políticas públicas para el trabajo digno e inclusivo después de la pandemia – UAEM- Mèxico.

 Alejandra JIMÈNEZ GARCÌA  – Repensar la educaciòn superior despuès de la pandemia por SARS-Cov-2 en MèxicoInstituto Tecnológico de Estudios Superiores Los Cabos– Mèxico.

 Ángel Edoardo Ruiz BUENROSTRO  The regulation of distance work and its impact on labor informality in MexicoUniversidad de Guadalajara Mèxico.

Nicoleta ENACHE y Miryam C. GONZÁLEZ-RABANAL – Los efectos de la pandemia en los trabajadores inmigrantes – Univerdidad Valahia Rumania / UNED- Madrid, España.

*Invitați/Guests:

Professor PhD  Krassimira Sredkova, Sofia Universty “St. Kliment Ochridski”

Assotant professor Albena Velikova-Stoyanova, Sofia Universty “St. Kliment Ochridski”

Judecător dr. Uţă  Lucia, Curtea de Apel București

Judecător  Basidtru Ella Cristina, Tribunalul Hunedoara

Judecător  Popescu Iulia, Judecătoria Târgoviște

ONLINE CONFERENCE PROGRAM OCTOBER 15, 2020

Participation in the Conference can be done by accessing the following address:
https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o
Meeting ID: 323 503 6823

10.00 – 10.15 – Opening of the conference – presentation of the participants

Partea I- lb. română (10.15- 12.45)

Moderator: Dan ŢOP, Professor PhD

 10.15 – 10.30

Alexandru ŢICLEA, Professor PhD, Adelina DUŢU, PhD Lecturer – Additional work according to the rules and the jurisprudence of the European Union – Universitatea Ecologică- România

10.30 – 10.45

Dan ŢOP, Professor PhD – The individual labor contract in Romanian Law, 1950 Labour code regulations – UVT- România

10.45 – 11.00

Sorin Alexandru VERNEA, PhD – Rest time of the employee in the Romanian Labour Code of 1950. A historical perspective – Universitatea din Bucureşti- România

11.00 – 11.15

Radu Răzvan POPESCU, Associate Professor PhD – Practical aspects regarding the regulation of the employment relationship for contract staff from public institutions and authorities – SNSPA Bucureşti- România

11.15 – 11.30

Magda VALLASEK, Senior Lecturer PhD – The Evolution of the Concept of Employee in the Mirror of the Romanian Labour Regulation – Universitatea Sapientia, Cluj Napoca- România

11.30 – 11.45

Andrei Radu DINCĂ, PhD – Material liability in the Romanian Labour Code. the evolution of regulation – Judecător Tribunalul Teleorman- România

 11.45 – 12.00

Ana Maria Alexandra IANCU, Student PhD – Protection of maternity at work according to the Labor Code of 1950 – ICJ Bucureşti-România

 12.00 – 12.15

 Candit VERNEA, Student PhD – Some particularities of employment contracts in insolvency proceedings provided by Law no. 85/2014 – Universitatea din Bucureşti- România

 12.15 – 12.30

Carmen NENU, Associate Professor PhD – The role and importance of the Labour Code in the social reality of Romania – Universitatea din Piteşti- România

 12.30 – 12.45

Concluzii Partea I- Dan ŢOP, Professor PhD

 

PAUZĂ- 15 MIN – 12.45-13.00

 

Partea II – lb. spaniolă 13.00- 14.00

Moderator: Nicoleta ENACHE, Lecturer PhD

El acceso se puede hacer accediendo a las siguientes coordenadas:

https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o

ID de la reunion: 323503 6823

13.00- 13.15

Nicoleta ENACHE, Lecturer PhD, Efectele pandemiei asupra lucrătorilor sezonieri.(The effects of the pandemic on seasonal workers ) – UVT- România

 13.15-13.30/ 12.15-12.30

Maria Soledad CAMPOS DIEZ, Associate Professor PhD – A century in the history of the right to strike in Spain – UCLM- Spania

13.30-13.45/ 12.30-12.45

Miryam de la Concepción González RABANAL, Professor PhD – El previsible impacto económico de los cambios del modelo de trabajo derivados de la Covid-19- UNED- Spania

 13.45-14.00/12.45-13.00

Tatsiana USHAKOVA, Professor PhD –  Present and Future of Protection against Poverty in the EU Law- University of Alcalá, Spain

 Concluzii Partea a II-a-  14.00-14.10

Nicoleta ENACHE, Lecturer PhD

 

PAUZĂ DE MASĂ 14.00-16.00

 

Partea a III-a 16.00-17.00- lb. engleză

Moderator: Edvana TIRI, Lecturer PhD

 Access can be done by accessing the following coordinates:

https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o

Meeting ID: 323 503 6823

16.00 – 16.15 / 15,00-15,15

Edvana TIRI, Lecturer PhD –The colective contract of employment in Albania- Mediterranean University of Tirana, Albania

 16.15 – 16.30

Loredana PĂDURE, Associate Professor PhD – The importance of the Labour Code over time in Romania – Hyperion University of Bucharest, Romania

 16.30 – 16.45/15.30-15.45

Valentina FRANCA, Associate Professor PhD – Collective rights and precarious workers: is there any room for codification? – University of Ljubljana, Slovenia

 16.45 – 17.00/15.45-16.00

Sandra TAVARES, Assistant Professor PhD.  –  Family protection in Portuguese labour law- Catholic University, Portugal

 Concluziile Partea a III-a 17.00-17.10

Edvana TIRI, Lecturer PhD.

 

 Partea a IV-a 17.15-19.00

  1. spaniolă

Moderator: Nicoleta ENACHE, Lecturer PhD

El acceso se puede hacer accediendo a las siguientes coordenadas:

https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o

ID de la reunión: 323503 6823

 17.15 – 17.30 /09.15-09.30

Julio Ismael CAMACHO SOLIS, Professor PhD – El trabajo digital en la pandemia de COVID 19 – Universidad Chiapas- Mexico

 17.30 – 17.45/09.30-09.45

Jean Jose TAMARONES Professor PhD – El cotexto laboral actual por Covid 19 en Colombia- Universidad Libre- Columbia

 17.45 – 18.00/09.45-10.00

Juan Manuel GOMEZ Professor PhD – Tendencias y retos del paradigma laboral post pandemia- UAEM- Mexico

 18.00 – 18.15/10.00-10.15

Oscar Samario HERNÁNDEZ Professor PhD – Institucion familia en Mexico de cara a la reforma laboral desafios y oportunidades- UAEM– Mexico

 18.15 – 18. 30/09.15-09.30

Isaac Nain Monge SEGURA, Costa Rica PhD – Los cambios sociales y laborales y sus implicaciones  en la justicia-Juez del Poder judicial de Costa Rica

 18.30-18.45/10.30-10.45

Martha Elisa MONSALVE CUELLAR, Professor PhD – How can Human Rights protect workers in the disruptive era or high technology ?- Instituto Latinoamericano de Derecho del Trabajo y de la Seguridad Social, Bogotá D.C, Columbia

 18.45 Concluzii generale

Dan ŢOP, Professor PhD

 * The second time slot is that of the speaker’s country

   La segunda franja horaria es la del país del hablante

 

REPROGRAMMING CONFERENCE

70 YEARS FROM THE FIRST LABOUR CODE IN ROMANIA

       As the risk of infection with COVID 19 did not allow the Conference to be held on the date originally scheduled for 14-16 May 2020 and because the situation is not favorable at present, we have decided to reschedule the Conference on 15 October 2020, this event will take place unfold online (Zoom)

Access can be done by accessing the following coordinates:

https://us04web.zoom.us/j/3235036823?pwd=74x39GImO2o

Meeting ID: 323 503 6823

The Organizing Committee

 

 

 

  We bring to the attention of those interested the following:

On April 23, 2020, the collaboration agreement between CIELO Laboral and ASRPM was concluded for this purpose for the joint realization of a specific scientific activity of great complexity, a more detailed agreement can be concluded, which includes the duties and rights of both parties , especially the economic aspects of that.  The adhesion of the collaborating entity takes place, from the moment of the signature of this Agreement by both parties, with a temporary character of 3 years, at the end of which, if neither of the parties has denounced that, said adhesion is automatically extended equally period to the previous one, and so on. For the follow-up of this Agreement and any matter related to the collaboration that derives from it, a specific Commission is appointed, integrated, on the one hand, by the representative of the collaborating entity, mentioned in the fifth clause, and, on the other hand, the General Coordinator of RED CIELO

Due to the situation created by the CONVID 19 virus and the security measures imposed by the authorities, together with the other partners we decided to postpone the Conference for the autumn of 2020.

            We will make timely announcement of the period of the event.

            The organizing committee

From 4 to 6 April 2019 was held in Târgovişte Romania, The International Conference “100 YEARS OF ROMANIAN PRESENCE AT OIT”. The event was organized by the Association for the Study of Professional Relationships, the Center for Research in Legal Sciences and Administrative Studies of Valahia University of Târgovişte, the Magistrates’ Association, the Dâmboviţa Branch, the Student Entrepreneurship Society from Valahia University

The event was attended by university teachers from: Romania (Prof. PhD. Alexandru Ţiclea, Prof. PhD. Vlad Barbu, Prof. PhD. Dan Ţop, Assoc. Prof. Septimiu Panainte, Assoc. Prof. Carmen Nenu, Assoc. Prof. Loredana Padure, Lecturer PhD Nicoleta Enache, Lecturer PhD Lavinia Savu)

Spain ( Prof PhD Miryam de la Concepción González Rabanal, Lecturer Graţiela Florentina Moraru), Portugal (Lecturer Sandra Tavares), Italy (Prof. Stefano Maria Corso), Albania (Lecturer PhD Edvana Tiri), Students PhDs of the Juridical Research Institute of the Romanian Academy, students of the Valahia University of Târgovişte, magistrates and judicial assistants from the Dâmboviţa and Dolj Tribunals

             

More than 20 communications have been presented that have highlighted the role and importance of ILO in the field of labor relations as well as for the general development of society.

Chairman of the Organizing Committee
Prof. PhD . Dan Top

FRAMEWORK COOPERATION AGREEMENT

BETWEEN

ADAPT, Association for International and Comparative Studies in Labour Law and Industrial Relations with registered office in Modena (ITALY), Viale Berengario n. 51, by Centre for International and Comparative Studies (DEAL) Marco Biagi Department of Economics, University of Modena and Reggio Emilia, F.C. 94091070360, represented by its President, Dr. Emmanuele Massagli, born in Monza, Milano, (ITALY) on 19th January 1983

AND

Association for the Study of the Professional Labour Relations, with registered office in Târgovişte (ROMANIA), Aleea Trandafirilor nr.16, bl. 10 ap. 46, F.C. 37001730, represented by its President, Professor Ph. D Dan Ţop, born in Târgovişte Romania on 26th November 1956

……………………………………………………………………………………………………………………………………………

This framework agreement will last for three years and the parties are enabled to terminate it
at any time after a three month written notice.
Date and place Modena, 28/01/2019
On behalf of ADAPT– Associazione per gli Studi Internazionali e Comparati sul Diritto del
Lavoro e sulle Relazioni Industriali (Italy)
The President, Dr. Emmanuele Massagli
…………………………………………………………………………………………………
On behalf of, Association for the Study of the Professional Labour Relations Târgovişte
Romania
Prof. dr. Dan Ţop

İzmir International Congress on Economics and Administrative Sciences IZCEAS ’18

Dear Dan TOP, Dragos POPOIAG, Adrian GHICULESCU,
Your full paper titled “La Règlementation De La Responsabilité Administrative- Disciplinaire Dans Le Nouveau Code Administratif De La Roumanie” and presented at the congress, was nominated to be the “Best Paper” as a result of the evaluations made by the reviewers and the session chairman. As a result of the final evaluation made by our organization committee, it was selected as one of the “Best Paper”. We would like to thank you for your contributions to our congress and the science, and congratulate your success. Your best paper award certificate has been attached.

Best Regards.

IZCEAS ‘ 18 Organizasyon Komitesi
(Organizing Committee)

Secretariat of ILERA World Congress 2018

 

Dear Top DANUTI,

This is the Secretariat of ILERA World Congress 2018.

We would like to express our deepest appreciation for your sincere interest and participation in ILERA World Congress 2018.

Under the theme of “Employment of a Sustainable Society: What Is To Be Done?”, the hundreds of outstanding papers were presented during the congress, having depth discussion for seeking the new direction in the fourth industrial revolution among participants from all around the world.

To remember this meaningful congress, we published the congress report including all information. We would like to share this report with you and hope this report is helpful for memorizing the valuable moment during ILERA World Congress 2018 and preparing another successful congress.

Once again, we extend our heartfelt gratitude to you for dedicating your time to the ILERA World Congress 2018 and enriching this year’s Congress with your presence.

Thank you.

Best regards,

The Secretariat of ILERA World Congress 2018

          

ASRPM HAS PARTICIPATED OF THE WORLD CONGRESS ILERA, SEOUL 2018

            In Seoul, South Korea, took place in period July 23-27, 2018, the 18th World Congress of the International Association for Labor and Labor Relations – ILERA, with the theme “Employment for a Sustainable Society: What Is To Be Done”? which brought together over 2300 participants from 62 countries from all continents.

During the communication sessions, the Association for the Study of Professional Labour Relations, one of the 48 national ILERA member associations, presented aspects related to Employment contract and working time flexibility, and its efficient management in Romania, elaborated by Professor PhD. Alexandru Ţiclea and Professor PhD Dan Ţop.

 

Thank you for your participation

Dear Distinguished Participant,

On behalf of the International Labour and Employment Relations Association (ILERA), I would like to express my sincere appreciation for your participation in the 18th International Labour and Employment Relations Association (ILERA) World Congress, held from 23 to 27 July 2018 in Seoul, Korea.

I am delighted at the successful conclusion of the ILERA World Congress 2018 which brought together 2,396 distinguished participants to discuss current issues, and explore how to promote personnel and material exchanges for Employment for a Sustainable Society.

Under the theme of ‘Employment for a Sustainable Society: What Is To Be Done?,’ the Seoul Congress featured 157 sessions, serving as a significant venue for the discussion and exchange of ideas and insights.

As part of efforts to reminisce about these valuable moments, we will soon upload all the pictures taken during the Congress and the list of participants onto our official website.

Once again, I extend my heartfelt gratitude to you for dedicating your time to the ILERA World Congress 2018 and enriching this year’s Congress with your presence. I hope to see you again in the future. In the meantime, please accept my best wishes for continued success in your endeavors.

Thank you.

Sincerely yours,

Prof. Dong-One Kim

17th President of ILERA

REGULATORY OF THE TELEWORKING ACTIVITIES IN ROMANIA

              Dan ŢOP

The need for proper regulation of teleworking has been repeatedly debated in the specialized legal doctrine[1].

Following a legislative proposal[2] to amend and complement Chapter IX of the Labour Code on “Homework” by adding four new articles (Articles 1071-1074) defining Teleworking and establishing the rights and obligations of the Teleemploee, was adopted Law no. 81/2018 on the regulation of teleworking activity[3].

Previously, there is no teleworking regulation in the Romanian labour law, but it is considered[4] to be a form of recent work, characterized by the fact that the employee is working regularly outside the employer’s premises, using the information technologies linked to the employer’s computer network[5].

It has also been said that “we are witnessing a revolution that is supposed to generate mutations as important as the industrial one: a digital revolution. The digitization of work tends to structurally modify how it is organized in a legal way …. Digitization has important positive effects on the worker / employer ratio and on the personal lives of those who work. It leads to the possibility of harmonizing professional and family life; a worker who is no longer forced to work at a particular time has a temporal flexibility that will allow him to fulfill his family responsibilities, raising and educating children, caring for the elderly in the family or respecting the personal biorhythm in the work … in contrast, digitization has the merit of allowing people with disabilities to be included in the labour market, whose travel to the workplace would otherwise have been difficult or impossible. And even for people who do not have locomotor problems, it is a relief of the working day by removing the time spent in traffic while traveling to the workplace.”[6]

It should also be noted that at international level neither the rules of the International Labour Organization (conventions and recommendations) nor those of the European Union (regulations and directives) do not make a comprehensive reference to this kind of work[7].

At the European level on 16 July 2002, however, between U.I.C.E. – on behalf of the employer – and  U.E.A.P.M.E, C.E.E.R and C.E.S. – from the professional organizations of the employees – the framework agreement on telework[8]. It aims to “modernize the work organization, including flexible commitments to work and to achieve the necessary balance between flexibility and security.”[9]

The teleworking regulation shows in art. 1 that it regulates “the way in which the employee performs the teleworking activity” applicable in the fields of activity where it is possible to carry out the teleworking activity.

Teleworking is defined by art. 2 as “the form of work organization by which the employee, on a regular and voluntary basis, performs his or her duties specific to the job, occupation or job he holds in a place other than the workplace organized by the employer, at least one day per month, using information and communication technology “.

A new category is introduced, namely the teleemployee, which may be any employee who carries out the activity under the terms of teleworking law.

The teleworking activity may be carried out by concluding an individual labour contract expressly stipulating this way of performing the work, or according to art. 3 par. 1 by an addendum to the existing individual employment contract.

Although it is not expressly stated that such a contract can only be concluded in written form required only ad probationem, the reference to the parties’ will agreement can only emphasize the consensual nature of the contract, the principle of consensualism being a fundamental principle of law the mere manifestation of will is not only necessary, but also sufficient for the civil legal act (the individual labour contract) to take place in a valid way.

As mentioned above, the regulations in question, for both parties, telework has a purely voluntary character; both the employer and the employee can make a job offer in this form. Either party, depending on the specific interest, may refuse or accept the offer. Therefore, the principle of freedom of will is also fully applicable.”[10]

In case an additional act to an existing individual employment contract is concluded, art. Article 3, paragraph 2, provides that “the employee’s refusal to consent to the telecommunica- tion service can not constitute a reason for unilateral modification of the individual labour contract and can not constitute a reason for disciplinary sanction.”

From the interpretation of this law it can be concluded that an employee can not change his / her place of work without his / her consent, being in fact an application of art. 41 par. 1 of the Labour Code, according to which the individual labour contract can be changed only with the agreement of both parties. At the same time, a possible refusal of the employee to carry out teleworking can not constitute a reason for disciplinary sanction and even less for dismissal.

Because the workplace is always outside the employer’s home, art. 4 par. 1 stipulates that the work program of the teleemployee is established in agreement with the employer, according to the provisions of the individual labour contract, the internal regulation and / or the applicable collective labour contract.

Prior to this regulation, it was argued in the literature[11] that this form of work can not be performed at the employee’s home because it involves the imposition of a special space that is not accessible to anyone and the activity is carried out by the means installed and maintained by employer.

Of course, such support has no justification, being considered erroneous[12] because the legal provisions do not prohibit the teleworking activity at the employee’s home, and what is not expressly prohibited means that it is permissible and on the other hand there is no perfect identity with the contract work at home, except for work. Even if the workplace can be the home of the employee, as shown in the doctrine[13], teleworking sometimes identifies the work at home, the object[14], the content, but especially the purpose of the two individual labour contracts are totally different.

From the provisions of art. 4 par. 2 according to which, at the employer’s request and with the written agreement of the full-time faculty, he / she may perform additional work, the following consequences can be attributed:

– additional work can only be provided by full-time employees, not being designed for part-time employees;

– because the law on teleworking is a special law in the report with the provisions of the Labour Code, the exceptions provided by art. 120 par. 2 on force majeure or urgent work to prevent the occurrence of accidents or to eliminate the consequences of an accident shall not apply. In these cases, the employee’s written consent is required;

– if the Labour Code does not specify what form the agreement should take the teleemployee to carry overtime, the Teleworking Law provides for the need for written agreement

– the provisions of art. 122 paragraph 1 of the Labour Code which give the possibility of compensating for paid hours, the only possibility being the corresponding payment of the hours worked over the normal work schedule.

The employer is entitled, stipulates art. 4 par. 3 to verify the activity of the teleemployee, under the conditions established by the individual labour contract, the internal regulation and / or the applicable collective labour contract, according to the law.

It is a provision largely similar to that relating to the verification of the work of the employee with the work at home, in the situation of the teleemployee, the conditions under which the verification may take place may be provided both in the internal regulations and in the collective labour contract

It should be noted that the provision in the project was dropped, according to which during the probationary period, the teleemployee has to work only at the employer’s headquarters.

The individual labour contract for the employees carrying out the teleworking is terminated and is modified stipulates art. 5 par. 1 under the conditions provided by Law no. 53/2003 – Labour Code. In fact, Art. 10 of the Teleworking Act stipulates that the provisions of the Teleworking Law shall be supplemented by the provisions of Law no. 53/2003.

The provisions of art. 5 par. 2 which actually completes art. 17 par. 3 of the Labour Code regarding the obligation to inform the employee. Thus, in the case of teleworking, the individual labour contract contains, in addition to the elements provided in art. 17 par. 3 of the Law no. 53/2003, the following:

  1. a) explicit mentioning that the employee works under teleworking;
  2. b) the period and / or the days in which the teleemployee carries out its activity at a job organized by the employer;
  3. c) the place (s) of teleworking activity agreed by the parties. Though theoretically the teleemployee could carry out his activity anywhere he would have access to the Internet, in particular his place or places of work will be determined by the concluded contract or the addendum to the contract of work in execution.
  4. d) the program in which the employer has the right to check the activity of the teleemployee and the concrete way of carrying out the control;
  5. e) the way of emphasizing the hours of work performed by teleemployee;
  6. f) the responsibilities of the parties agreed upon by the place (s) of the teleworking activity, including occupational safety and health responsibilities in accordance with the provisions of Art. 7 and 8;
  7. g) the obligation of the employer to ensure the transport to and from the place of the teleworking activity of the materials used by the employees in their activity, as the case may be;
  8. h) the obligation of the employer to inform the teleemployee about the provisions of the legal regulations, the applicable collective labour contract and / or the internal regulation, regarding the personal data protection, as well as the obligation of the teleemployee to observe these provisions;
  9. i) the measures taken by the employer to ensure that the teleemployy is not isolated from the rest of the employees and that it ensures the possibility of meeting with colleagues on a regular basis;

(j) the conditions under which the employer bears the costs of teleworking.

The teleemployee benefits (Article 6 paragraph 1) from all rights recognized by law, through internal regulations and collective bargaining agreements applicable to employees who have their place of work at the employer’s domicile or residence.

The applicable collective labour agreements and / or individual labour contracts and internal regulations may be stipulated in Art. 6 par. 2, and other specific conditions regarding telework according to Law no. 53/2003 and the Social Dialogue Law no. 62/2011.

Although the workplace is not organized by the employer but by the employer[15], the employer has (article 7) the following specific obligations regarding the safety and health at work of the teleemployee:

  1. a) provide the means of information and communication technology and / or the safe work equipment needed for work, for example internet connection, computer or laptop, etc., unless the parties agree otherwise;

(b) install, inspect and service the required work equipment, unless otherwise agreed by the Parties;

(c) to ensure that teleemployee receive adequate and appropriate training in the field of occupational safety and health, in particular in the form of information and working instructions specific to the place of teleworking using the display screen equipment[16]: employment, change of teleworking place, introduction of new work equipment, introduction of any new working procedure.

The teleemployee must carry out his activity, according to art. 8 par. 1 in accordance with his training and instruction as well as with the instructions received from the employer so as not to expose the person and other persons who may be affected by his / her actions or omissions to the risk of injury or professional illness work process.

Particularly, in order to achieve these objectives, the teleemployee has according to art. 8 par. 2 the following obligations:

(a) inform the employer of the work equipment used and the conditions at the place where the teleworking activities and enable him to have access, as far as possible, to the establishment and implementation of the required occupational safety and health measures according to the clauses in the individual labour contract or in order to investigate the events;

  1. b) not to change the conditions of safety and health at work from the places where they carry out the teleworking activity;
  2. c) to use only work equipment which does not pose any danger to his safety and health;
  3. d) to carry out their activity in compliance with the provisions regarding the obligations of the workers, as they are stipulated in the Law on safety and health at work no. 319/2006, as amended, as well as in accordance with the terms of the individual labour contract;
  4. e) comply with the specific rules and restrictions established by the employer with respect to the Internet networks used or the use of the equipment provided.

As stated in the doctrine[17], as digitization extends into all spheres of professional life, it can lead to an unexpected evolution of the subordination ratio; the worker is in permanent contact with the employer, so he is practically under his permanent control.”

For the application and verification of the working conditions of the teleemployee, the representatives of the trade union organizations at the level of the unit or the representatives of the employees have access, stipulates art. 9 par. 1, at the places of teleworking activity, under the conditions stipulated in the collective labour contract or the individual labour contract, or the internal regulation, as the case may be.

In order to verify the application and observance of the legal requirements in the field of safety and health at work and labour relations, the representatives of the competent authorities have access (Article 9 paragraph 2) to the places of teleworkingn activity, under the conditions stipulated in Law no. 108/1999 on the establishment and organization of the Labour Inspection, republished, with subsequent amendments.

Where the place of activity of the Teleemployee is at his domicile, the access is granted according to art. 9 par. 3, only upon prior notification of the teleemployee service and subject to his consent.

It is not specified what term should be stipulated in the notification, in the absence of such a requirement we consider that it can only be a reasonable one that makes it possible to express the will manifestation of the teleemployee.

It is a contravention and is sanctioned accordingly, according to art. 11, the following facts:

  1. a) non-compliance with the provisions of art. 5 par. 2 let. a) concerning the obligation to express expressly in the individual labour contract or in its supplementary act the provision of a teleworking activity, with a fine of 10,000 lei per person;
  2. b) carrying out the teleworking activity without complying with the provisions of art. 3 par. 1, with a fine of 5,000 lei. It is not specified that the fine will be given for each employee found by labour inspectors in such a situation;
  3. c) non-observance of the provisions of art. 4 par. 2, regarding the written agreement of the teleemployee to perform additional work, with a fine of 5,000 lei;
  4. d) the conclusion of the individual labour contract without stipulating the clauses stipulated in art. 5 par. 2 let. b) – j), with a fine of 5,000 lei;
  5. e) non-observance of the provisions of art. 7 let. a) regarding the obligation of the employer to provide the means of the information and communication technology and / or the safe work equipment necessary for the performance of the work, unless the parties agree otherwise, with a fine of 2,000 lei;
  6. f) non-observance of the provisions of art. 7 let. b) regarding the obligation of the employer to install, check and maintain the required labour equipment, unless the parties agree otherwise, with a fine of 2,000 lei;
  7. g) non-observance of the provisions of art. 7 let. c) relating to the employer’s obligation to provide conditions for the teleemployee to receive sufficient and appropriate training in the field of occupational safety and health, in particular in the form of information and working instructions, specific to the place of teleworking and the use of equipment with a viewing screen: when hiring, changing the place of teleworking, introducing new work equipment, introducing any new working procedure, with a fine of 2,000 ROL.

It can be noticed that they do not meet in the Teleworking Act only fines in fixed amount, and not in the form of fines.

The finding of contraventions and the application of sanctions is made, stipulates art. 12 paragraph 1, by labour inspectors.

The offender may pay (not less than 48 hours from the date of the conclusion of the minutes or, as the case may be, from the date of communication thereof, half of the amount of the fines provided in art. 11let. b) – g), the finding agent making mention of this possibility in the record of the finding. The provisions of the Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and completions by Law no. 180/2002.

It should be noted that such contraventions do not fall under the scope of the Prevention Law no. 270/2017[18] because they are not mentioned in Annex no. 1 of the Government Decision no. 33/2018 regarding the establishment of contraventions falling under the Prevention Law no. 270/2017, as well as the model of the remediation plan[19]. In other words, the contravention amnesties will apply from the first finding of the facts, without the employer having a period to remedy the situation under a remedial plan.

Applying the Law on teleworking is intended to confirm whether its provisions respond to a greater or lesser extent to the expectations of employers and employees interested in such a flexible form of work organization.

Notes:

[1] I.T. Ştefănescu, Theoretical and Practical Treaty on Labour Law, 3rd Edition, Universul Juridic Publishing     House, Bucharest, 2014, p. 329; Dan Ţop, Lavinia Savu, The Need for Regulation in Romanian Legislation of the distance contract in “Fiat Iustitia”, no. 1/2015, pp. 129-133

[2] Draft Law no. 109 of 10 February 2014 amending and supplementing the Labour Code, published in the Official Gazette of Romania, Part 1, no. 173 of 11 March 2014

[3] Published in the Official Gazette of Romania, Part 1, no. 296 of 2 April 2018

[4] Dan Ţop, Labour Law Treaty, Wolters Kluwer Publishing House, Romania, Bucharest, 2008, p. 35.

[5] O. Macovei, Content of the individual labour contract, Lumina Lex Publishing House, Bucharest, 2004,  p. 178.

[6] Raluca Dimitriu, Labour Law. Anxiety of the present, Rentrop & Straton Publishing House, Bucharest,2016, p. 445

[7] Brânduşa Vartolomei, Teleworking- a new form of work organization in Dreptul no. 2/2008 pp. 62-70.

[8] I.T. Ştefănescu, Theoretical and Practical Treaty on Labour Law, 4th Edition, Universul Juridic Publishing House, Bucharest, 2017, p. 357.

[9] O. Ţinca, Concerns for Enhancing Social Dialogue in the European Union, Teleworking on Framework, in  ,,Commercial Law Review” no. 5/2003, p. 64.

[10] Dan Ţop, Labour Law Treaty, Bibliotheca publishing house, Târgovişte, 2015, p. 270

[11] O. Macovei, op. cit., p. 181.

[12] I.T. Ştefănescu, Theoretical and Practical Treaty on Labour Law … 2014, op. cit., p. 329

[13] Alexandru Ţiclea, Labour Law Treaty, 9th Edition, Universul Juridic Publishing House, Bucharest, 2015, p.377

[14] Ana Ştefănescu, Forms of work at home, in ,,Romanian Labour Law Review”, no. 3/2008, p. 76

[15] Alexandru Ţiclea, Treaty, op. cit, p. 378

[16] The requirements for the use of view screens are set out in the Directive no. 90/270 / C.E..,

published in the Official Journal of the European Union no. L 156 of 21 June 1990.

[17] Raluca Dimitriu, op. cit., p. 447

[18] Published in the Official Gazette of Romania, Part 1, no. 1037 of 28 December 2017

[19] Published in the Official Gazette of Romania, Part 1, no. 107 of 5 February 2018