ANALYSIS AND RECOMMENDATIONS As regards the remedies, the legislation in force already provides for mechanisms with which to enforce the legal provisions, employees' right to submit complaints to the employer, labour authority and courts of law and, therefore, access of stakeholder employees to remedies. However, specific administrative sanctions could be considered. Role of the social partners- the social partners must play a central role in defining the modalities(practical details) of a right to disconnect and its related policies at the workplace, and national laws should necessarily prescribe a role for them in further negotiating the right to disconnect. Currently, the connection between teleworkers and employees' representatives is very weak and no real social dialogue regarding their specific rights can really take place. Apart from reshaping the modalities of electing employees' representatives, including setting up trade unions organisations, their mode of function and modalities, in order to adapt them to the digital era, a mechanism must be identified to involve social partners in identifying and defining rules on technical and organisational measures necessary to ensure employees' right to disconnect, on practical details relating to the implementation and observance of this right based on the specificity of the industry, company and, respectively, workplace, working conditions, job roles and related attributions. The role of the social partners in identifying and defining the said rules may follow the mechanism already provided for in the Labour Code in other cases. The law may stipulate that such concrete rules are to be negotiated through the collective labour contract at the level of the employer or, in lieu of this, are to be laid down in internal rules. At the same time, such rules should be included among the mandatory clauses in any internal employer rules and expressly cited in the law. Training programmes for employees(teleworkers) – a more practical mechanism to achieve implementation and observance of the rules adopted in the area of right to disconnection would be to ensure specific training of teleworkers on the rights they have and how they could organise their work and working time, prioritise tasks, give feedback to their direct superiors on deficiencies experienced in performing their work, communicate the challenges they face, the associated risks they identify, propose solutions to improve the situation, etc., and encourage a continuous dialogue between them and their employers. Finally, we believe that it would be very useful for the purpose of identifying the most suitable solutions in regulating employees' right to disconnect in Romania to previously perform a specific assessment from both a social and legal perspective of the effects of teleworking on employees, the problems they face, causes of problems and the most appropriate remedies (regulation through law, collective labour agreements, internal rules and policies or individual labour agreements, the possibility of implementing disconnection from the applications, including emails, servers, etc., or mechanisms for receiving alerts from the applications used). Such assessments would be very useful in identifying to what extent and at which normative level rules should be adopted as well as the content of such rules and their limits in order to ensure protection of employees' right to disconnect without quashing the flexibility in employment relations that is currently valued by both employers and employees. 1 1
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