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  • during the state of alert, employers may order, by decision, telecommuting, in compliance with the legal provisions in force;
  • it can only be used for activities involving the use of information and communication technology;
  • the decision will contain, in addition to the general elements, the following elements provided by art. 5 para. (2) of Law nr. 81/2018 regarding the regulation of telework activity:
    • the express statement that the employee works from Home;
    • the period and/or days in which the teleworker works at a workplace organized by the employer;
    • the place/places of the telework activity, agreed by the parties;
    • the program in which the employer has the right to check the teleworker's activity and the concrete way of carrying out the control;
    • the method of keeping evidence for the hours of work performed by the teleworker;
    • the responsibilities of the agreed parties depending on the location(s) of the telework activity, including occupational health and safety responsibilities;
    • the employer's obligation to ensure the transport to and from the place of the telework activity of the materials that the teleworker uses in his activity, as the case may be;
    • the measures taken by the employer so that the teleworker is not isolated from the rest of the employees and which ensures that he has the opportunity to meet his colleagues on a regular basis;
    • the employer's obligation to inform the telecommuter about the provisions of the legal regulations, from the applicable collective labor agreement and/or the internal regulation, in the matter of personal data protection, as well as the telecommuter's obligation to comply with these provisions;
    • the conditions under which the employer bears the expenses related to the telecommuting activity.