- Specifying the place of work in the individual labor contract
Specifying the place of work involves the precise determination in space of the location where the work will be performed. The place of work, an element of the individual labor contract, shall not be confused with the meaning of the word “job”, as defined in Law no. 76/2002 on the unemployment insurance system and the stimulation of employment, with subsequent modifications and completions. According to this law, workplace means the framework in which an income-generating activity takes place and in which the legal relationships of work or the legal relations of service materialize.
The place of work is an element specified in the labor contract and it represents the area, the strictly determined space, equipped with means of labor, machinery, tools, means of transport, furniture and work objects, raw materials, materials, semi-finished products, organized for the purpose of carrying out an operation, or for performing a function by an individual or collective executors, with the necessary training and skill, in technical, organizational and occupational protection conditions.
Regarding the provisions to be stated in the labor agreement with regards to the place of work, the individual employment agreement should contain clauses referring to:
- – town;
- – unit;
- – the headquarters of the employer, i.e. the subsidiary, the branch or the work place where the work will be done;
- – the organizational structure within where the work is to be performed: department, section, sector, workshop, service, center (territorial, profit, etc.), office.
If this element is not known from the outset or if there is a possibility of ulterior modification of the place of work, then the specification of the organizational structure will not be very strict in the labor contract, to be able to undergo later changes;
- – if work is to be carried out at several locations.
Example
If the employee is classified as an inspector or has control duties in the territory, his usual work will involve moving to several locations.
This element of the employment contract may be the subject of an optional clause called the mobility clause.
- – if work is to be done at home;
According to art. 105 of the Labor Code, employees are considered to work at home, if they fulfill the duties specific to their job at their own premises.
Determining the place of work is important because the law ceases the employer from unilaterally modifying any of the elements of the employment contract. The employee can not be sent to work on a job other than the one specified in the contract.
However, it is possible to send the employee in the delegation or posting, by the employer’s disposal. Failure to comply with such a provision constitutes disciplinary offense.
- Work at home – regulated by the Labor Code, in Articles 108, 109, 110
Employers may have the right to check their employees whom are working at home, under the conditions stipulated in the individual employment contract. For this purpose, a sole mention can be made in the individual labor contract, by way of example:
“The Employer reserves the right to control the employee’s activity by visiting his / her domicile every Monday between 8.00 and 10.00.”
Employees working at home enjoy all the rights and obligations of other employees, provided by Law 319/2006 on Safety and Health at Work.
The employer has the duty to ensure the safety and health of these employees in all aspects of work, including risk assessment, training and information, to assure work equipment and personal protective equipment, health surveillance, etc.
Besides the usual elements of an individual labor contract, for the employee who works at home, the contract will also include the express provision of that aspect, indicating the work program in which the employer has the right to control the activity of his / her employee and the specific way of carrying out the control.
Also, an individual employment agreement for activities to be performed at home should also contain provisions regarding the employer’s obligation to ensure the transport to and from the employee’s home, as the case may be, of the raw materials and materials he uses in the activity.
An important aspect is that no meal ticket is given to employees who are in other situations set by the employer and are not present at work in the unit. Legislation in force provides that meal vouchers are granted to employees present at work in the establishment.
Home work is another form of remote work, regulated by the Labor Code in force, but requires the employee to work at his/her own premises.
In order to fulfill their job responsibilities, homeworkers carry out their own work schedules. The employer has the right to verify the activity of the employee who work at home, under the conditions established by the individual labor contract.
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