Behind the screens of flexibility and worker autonomy : a human rights-based analysis of telework in Romania

english

2025

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

The analysis of telework legislation can be approached from various angles. This article aims to examine the Romanian Telework Act, its subsequent amendments, and the relevant provisions of the Labour Code from a human rights perspective. Such an approach is justified by the fact that telework, as a flexible and atypical work arrangement, diverges significantly from traditional employment, raising distinct legal and practical challenges regarding fundamental rights. Within the framework of the right to fair and just working conditions - and in connection with the right to respect for private and family life - the article reviews the provisions on working time, work schedules, and work-life balance in telework legislation. Regarding privacy, it devotes attention to the parameters of moni-toring teleworkers’ activity and the conditions under which inspections may be carried out, placing particular emphasis on the issue of the teleworker’s consent. Furthermore, it addresses the provisions concerning the protection of teleworkers’ health and safety, highlighting how the implementation of such measures - and, by extension, the responsibilities of the parties - is affected by the atypical nature of telework. Additionally, it briefly touches upon the principle of equal treatment and the extent of collective rights and agreement coverage for teleworkers. Ultimately, it seeks to answer the question: how secure are the employment relationships of teleworkers in terms of the fundamental rights guarantees that apply to them?

20.05.2026