In the context of the occurrence of the risk of illness with COVID-19, the Ministry of Labor and Social Protection (MMPS) makes a number of recommendations that can be applied in order to ensure the safety and health of workers, but also to support employers in carrying out ongoing activities. These measures are necessary for preventive purposes, but also to clarify new situations in which employers and employees may be from the perspective of labor relations, as a result of emergency measures imposed by the National Committee for Special Emergency Situations.

The MMPS recommends 3 measures to make labor relations more flexible in the context of suspension of attendance in educational institutions, which could generate the need for one of the parents to stay at home to supervise the minor child, but in any case also in view of the risk of the workers’ presence at their workplace:

1. Establishment of individualized work programs, with the agreement or at the request of the employee concerned, in accordance with the provisions of Article 118 of Law No. 53/2003-Code of Labor, republished, with subsequent amendments and additions, with respect to the maximum legal duration of working hours.

2. Temporary change of place of work at the employee’s place of residence, pursuant to the provisions of Article 108-110 of the Labor Code, unilaterally, in accordance with the provisions of Article 48 of the same normative act, or through the agreement of the parties, with explicit mention in the decision or, as the case may be, in the additional act of change of place of work, of the following:

– the fact that the employee works from home;
– the period during which this measure is applied;
– the schedule in which the employer has the right to control the activity of its employee and the concrete way in which the control is carried out;
– the employer’s obligation to ensure the transportation to and from the employee’s home, as the case may be, of the raw materials and materials they use in the activity, as well as the finished products they manufacture.

In this situation, the employer has an obligation to ensure that workers are trained in occupational safety and health.

3. Performance of the activity by telework, following the conclusion of an addendum to the individual employment contract, under the conditions stipulated in Law No. 81/2018 on the regulation of telemarketing activity, when fulfilling the duties specific to the position, occupation or profession that the employee holds involves the use of information and communication technology. The addendum will contain the following:

– The explicit indication that the worker is working in the teleworking regime;
– The period and/or days when the telecommuting employee performs his or her work in an employer-organized workplace;
– The locations of telecommuting activities agreed upon by the parties;
– the program in which the employer has the right to check the activity of the teleworking employee and the concrete way of performing the check;
– The way of highlighting working hours provided by teleworking;
– responsibilities of the parties agreed upon according to the locations of the telemarketing activity, including responsibilities in the field of occupational safety and health;
– the employer’s obligation to ensure the transportation to and from the place of telemarketing activity of the materials that the televisions employee uses in his activity, as appropriate;
– the employer’s obligation to inform the telecommuting worker about the provisions of the legal regulations, the applicable collective bargaining agreement and/or the internal regulations, regarding the protection of personal data, as well as the telecommuting worker’s obligation to comply with these provisions;
– The conditions under which the employer incurs expenses related to the activity in the teleworking scheme.

With regard to public institutions, the provisions of the Labor Code will be applicable, pursuant to Article 1 paragraph (2) of GEO 57/2019 on the Administrative Code, according to which “This Code is supplemented by Law No. 277/2009 of the Civil Code, republished, with subsequent amendments, as well as with other applicable common law regulations on the subject,” and Article . 538 para. (2) of the same regulatory act.

In case the state of quarantine is established by law or in case of force majeure, the individual labor contract is suspended by law in accordance with the provisions of Article 50 (c) ef) of the Labor Code.

MMPS requires employers, as well as employees, to demonstrate flexibility and openness in establishing customized work schedules and maintaining normal and fair labor relations.

MMPS appreciates that as long as there are no clear indications of infection in the workplace, the activity should be carried out under normal conditions, ensuring all hygiene and employee protection.

The MMPS is also considering granting holidays or vacations in case things turn negative.

Occupational health and safety measures for employers:

– Conduct an analysis at the level of each employer in order to prioritize essential or relevant services over non-essential ones, while respecting the occupational safety and health rights of workers;

– Ensuring the safety and health of workers in all aspects related to work under the conditions of Law No. 319/2006 on Occupational Safety and Health and the provision of measures necessary for:

– Ensure the safety and health protection of workers;
– Prevention of occupational hazards;
– Worker information and training;
– Provide protective equipment (masks, protective gloves, etc.).

– Determine the nature and level of risk for any activity that may present a risk of exposure to COVID-19 and establish the following measures:

– exposure limitation;
– development of a plan of measures, based on the recommendations of the occupational medicine doctor with whom he has a contract;
– immediate announcement of the territorially competent public health directorate.

– Use of e-mail and teleconferencing to reduce physical contact and travel in the interest of service if these are not required;

– Development of a plan to ensure business continuity in case a significant number of workers could not perform their work at the workplace organized by the employer. The following measures could be taken: identification of those jobs for which continuity must be ensured, identification of those workers with qualifications/skills that enable them to move from one job to another so as to ensure business continuity, identification of workers who have the necessary IT infrastructure to work from home;

– Apply the procedures established nationwide by the Ministry of Health in the event that the worker has symptoms associated with respiratory infections at the workplace;

– Suspension of the public’s program at the level of public institutions and introduction of alternative measures, such as transmitting inquiries by phone and e-mail (phone numbers and e-mail addresses will be displayed on the Web site and at the headquarters of each institution);

– Reduce wait times as much as possible in the public collaboration program by sending requests via e-mail whenever possible;

– In cases where the physical presence of the applicant at the institution’s premises is required, he/she will be considered to maintain a distance of at least 1 meter from other persons on the premises;

– In the case of a worker confirmed with COVID – 19, the employer is obliged to inform the public health directorate about the field of activity in order to initiate procedures for conducting epidemiological investigations. In addition, the employer is obliged to inform workers about the procedure for granting medical leave in case of quarantine and home isolation.