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THE EUROPEAN CONFEDERATIONS OF trade unions (ETUC) and employers (CEEP and UNICE), known as the social partners, recently broke new ground when they concluded an agreement on telework. They were asked by the European Commission to start negotiations under its policy of modernising industrial relations as current national laws do not adequately cover workers in this new and expanding field. For the first time they chose to implement the agreement via the unions and employers' groups in individual countries rather than through national legislation.
Telework is defined in the agreement as a 'form of organising ...work, using information technology, in the context of an employment contract/relationship, where work, which could also be performed at the employers premises, is carried out away from those premises on a regular basis'. It is estimated that there are currently 10 million teleworkers in the EU. They fall into four broad categories: 1) home-based employed teleworkers, most of whom work alternately at home and on the employer's premises; 2) self-employed teleworkers who normally work from home; 3) mobile workers who spend at least ten hours per week away from home or their main place of work during which time they use online computer connections and 4) casual workers who spend less than ten hours per week teleworking from home. The framework agreement, which does not cover the self-employed, lays down the principle that teleworkers should be treated no differently from employees who are based at the employer's premises and also highlights work issues that are especially relevant to teleworkers. These include data protection; privacy; equipment; health and safety; organisation of work; training and collective rights. It says that all telework should be voluntary although it may form part of a worker's initial job description.
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Leaders from employers organisations and the ETUC sign the agreement, witnessed by Commissioner Anna Diamantopoulou |
On data protection it holds the employer responsible for providing adequate software to protect the data used by the employee while working, charging the worker with upholding the employer's data protection policy and any restrictions on use of the internet etc. The privacy of the worker must be preserved and monitoring systems must be proportionate and conform to the VDU directive. On equipment the agreement says that the employer will usually provide this but even if the employees use their own, the running costs and technical support costs must be borne by the employer. The teleworker must undertake to take good care of the equipment and not to use it for distributing illegal material via the internet. The teleworker must be informed of the company health and safety policy and has the right to call for inspections. With regard to pace of work, training and access to workers' representatives, the agreement says that the teleworker must not be any worse off than employees working at the employer's premises.
As with most EU legislation the agreement must be implemented within three years although in this case the social partners (e.g. the TUC and the CBI in the U.K.), rather than national governments, are responsible for interpreting it according to the practices of management and labour in each country. They must also report on the working of the agreement after 4 years. Anna Diamantopoulou, Commissioner for Employment and Social Affairs, said 'This is a landmark deal. Not only will this initiative benefit both workers and businesses, but it is the first European agreement to be implemented by the social partners themselves'. Emilio Gabaglio, head of the ETUC added 'The agreement binds not just European but also national trade unions and employers' organizations, with a geographical scope stretching beyond the European Union'.
The provisions
Teleworking must be voluntary and, if not in the initial job description, may be refused or accepted without prejudice to employment status.
Employers must provide the means, particularly software, to comply with data protection laws and employee must observe these laws.
The teleworker must be informed of all health and safety policies/legislation and has the right to call for inspections of the site of work.
Organisation of work should be done by the teleworker and the work load should not be greater than in a comparable job at the company premises.
Teleworkers should have the same access to training, career development information and workers' representatives as those working at the employer's premises.
Generally the employer is responsible for providing, installing and maintaining the equipment necessary for regular telework. Even if the worker uses his/her own equipment the employer compensates or covers the costs directly caused by the work and provides technical support.
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