Can I be forced to work from home (telework)?
Not without your agreement: telework requires both parties' consent. Under Law 81/2018, telework is carried out based on the agreement between employee and employer. The employee's refusal to consent to telework can't be grounds for unilaterally changing the employment contract and can't be grounds for a disciplinary sanction. If you accept, the contract (or an addendum) must specify: the days/period of telework, the schedule during which the employer can check your activity, the way hours are recorded, the health and safety rules, the data protection rules and the conditions under which the employer covers the costs of remote work. The employer stays responsible for your health and safety and must provide the necessary equipment. In short: you can't be forced to work from home, and a refusal isn't punished.
📋 The rules
- Telework is by the employee-employer agreement
- Refusal can't be grounds for changing the contract
- Refusal can't be a disciplinary sanction
- The employer provides equipment and covers costs
- The employer is responsible for your health and safety
🔓 Exceptions
- State of emergency/special situations: distinct temporary rules may apply
- Telework accepted by contract: the agreed clauses apply
- Checking activity: only during the schedule set in the contract
⚠️ Penalties & fines
Since telework depends on agreement, an employer who forces you to work from home, unilaterally changes your contract or sanctions you for refusing breaches Law 81/2018 — you can report it to the Labour Inspectorate (ITM). Likewise, if you accept telework but the employer doesn't provide the equipment or doesn't cover the agreed costs (utilities, internet), it breaches its duties. To protect your rights: don't sign a telework addendum if you don't agree; if you accept, make sure the contract clearly states the telework days, the checking schedule, the way hours are recorded, the data protection rules and the costs covered. Note: the right to disconnect (not answering messages outside hours) isn't yet separately regulated in Romania, but the agreed schedule must be observed.
📎 Official sources
❓ Frequently asked
Can I be forced to work from home?
No. Telework is carried out based on the agreement between employee and employer. Your refusal to work in a telework regime can't be grounds for unilaterally changing the employment contract or for a disciplinary sanction. In practice, you can't be forced to work from home against your will.
Who pays the telework costs?
The employer. The contract must specify the conditions under which the employer covers the costs of remote work, such as utilities or internet. The employer also stays responsible for your health and safety at work and must provide the equipment needed for telework.
What must the telework contract contain?
The contract or addendum must specify the days or period you work from home, the schedule during which the employer can check your activity, the way hours are recorded, the health and safety rules, the data protection rules and the conditions under which the employer covers the telework costs.
Can I be sanctioned if I refuse telework?
No. Refusing to consent to telework can't be grounds for a disciplinary sanction or for unilaterally changing the contract. If the employer sanctions you or changes your contract over this refusal, it breaches your rights, and you can report it to the Labour Inspectorate.
Do I have the right to disconnect outside hours?
The right to disconnect isn't yet regulated by a dedicated law in Romania, though it's a European trend. Still, the work schedule agreed in the contract must be observed, and the employer can check your activity only during the set interval, not anytime outside working hours.
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