In Romania, remote work arrangements must be assessed carefully from a legal perspective. Terms such as “work from home”, “remote work”, “hybrid work” and “telework” are often used interchangeably in practice, but they do not always have the same legal meaning. Under Romanian law, telework is specifically regulated by Law no. 81/2018 and involves the use of information and communication technology, while home-based work (any other work that does not include the use of information ant communication technology) is regulated separately by the Labour Code.
This distinction is relevant for employers because an incorrect classification may lead to compliance risks, including labour law sanctions. Telework generally requires a written agreement between the employer and the employee, usually through the employment contract or an addendum, and may also need to be reflected in the Romanian employee register, Reges-Online. Occasional tolerance of work from home does not necessarily create a permanent employee right to remote work in the absence of a valid contractual arrangement.
Romanian law also grants certain employees specific rights related to telework. Parents of children up to 11 years old may request telework for a limited number of days per month, while broader rights apply in the case of children with disabilities. Employers may refuse such requests only on objective and properly documented grounds, depending on the nature of the work and the operational requirements of the business.
Cross-border remote work requires particular attention. If an employee performs work from outside Romania for extended periods, this may create tax residence, social security and payroll obligations in another jurisdiction. For this reason, Romanian employers should avoid informal “work from anywhere” practices and should define clear internal rules regarding the permitted location of telework, reporting obligations and approval procedures.
Telework can be a useful and legitimate form of work organisation in Romania, but it should not be treated as a purely informal benefit. Employers should regulate it through clear contractual documents, internal policies and procedures that address work location, working time, health and safety, data protection, tax exposure and the circumstances in which employees may be required to return to the office.