Digitization of labor relations – project launched by the Ministry of Labor on October 14, 2020

Covid-19 brought significant changes not only to the health system but also to labor relations, which, at the present time, have moved almost completely to the online environment, where this fact was possible. But this change should not be seen only as a simple repercussion of the pandemic, or a temporary situation, but also as an opportunity to exploit new ways of developing work relationships, which once reached the online environment can create new access opportunities for companies of labor available anywhere. However, in order for the results to be beneficial in the long term, the state institutions must also provide for a suitable legislative framework to ensure the necessary protection even in these conditions.

Considering the need to streamline labor relations in the current context, the Ministry of Labor initiated in this sense a draft law on the digitization of labor relations launched for public debate on October 14, 2020. In this sense, the following amendments and additions to the Labor Code, Law no. 53/2003 – Labor Code, republished, with subsequent amendments and additions, were proposed:

  • the possibility of the employer to use the qualified electronic signature when concluding the individual employment contract/additional act to the contract;
  • individual employment contracts / additional documents concluded by using the qualified electronic signature can be archived by the employer in electronic archives that will be made available to labor inspectors at their request;
  • the possibility that the parties may opt for the use of the qualified electronic signature for the preparation of all letters/documents in the field of labor relations resulting from the conclusion of the individual employment contract, during its execution or at the termination of the contract;
  • the introduction of the obligation of employees who carry out their activity at home to respect professional secrecy and the confidentiality of the documents used;
  • regarding the telework activity, the employer has the obligation to ensure the means related to information and communication technology and/or the safe work equipment necessary for the performance of the work, with the exception of the case where the parties agree through a written agreement to use the telecommuter’s own equipment, specifying the conditions of use;
  • the possibility of the employer to verify the activity of the teleworker by using information and communication technology, under the conditions established by the individual employment contract, the internal regulation and/or the applicable collective employment contract, under the conditions of the law;
  • the elimination of road accidents from the category of work accidents and the establishment as an alternative of the proof of the training of workers in electronic format.
  • the elimination of road accidents from the category of work accidents and the establishment as an alternative of the proof of the training of workers in electronic format.
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