Employers are required to provide parents who have children under 11 years of age with 4 days per month to work at home or telecommute. Law 241/2023 entered into force on Monday.

According to fiscal consultant Adrian Benzi, the legislator provided this possibility only for those workplaces where the activity can be carried out by working at home or remotely, and those employers where the activity cannot be carried out under such conditions do not have this obligation.

Assuming both parents or legal guardians are employees, both parents or both legal guardians cannot work from home or work remotely on the same calendar dates.

The other parent/official guardian will provide an appropriate affidavit.

Note: Given the fact that these rights are granted exclusively to employees, they also have a legal obligation to have all the necessary means to perform their duties according to their job description when working from home or telecommuting.

“We maintain this deviation from the provisions of Law no. 81/2018 regarding remote work, when the employee must take care of having the means to perform the activity, they are no longer the employer’s responsibility (probably he will still get them from the employer),” says Adrian Benza.

There is also a special situation where there is only one parent/legal guardian, another affidavit is not required.