At the end of this module you will be able to:

01 Understand what teleworking is

02 Know the basic legal requirements for telework in 5 countries

03 Understand the growth of telework during the pandemics and it‘s consequences

04 Perform telework effectively

Key elements in defining telework:

1. Technology
2. Location
3. Contractual arrangements
4. Time

Al the 4 key elements are considered in the Article 2 of the European Framework Agreement.

Source: Haddon@Brynin – The character of telework and the characteristics of teleworkers, 2005.

Article 2 of the European Framework Agreement on Telework of 2002 (hereafter the European Framework Agreement) defines that:

Telework is a form of organizing and/or performing work, using information technology, in the context of an employment contract/ relationship, where work, which could also be performed at the employer’s premises, is carried out away from those premises on a regular basis.

The above mentioned framework agreement on telework was signed by European Trade Union Confederation (ETUC), the Union of Industrial and Employers' Confederations of Europe / the European Union of Crafts and Small and Medium-Sized Enterprises (UNICE/UEAPME), and the Centre of Enterprises with Public Participation (ECPE) aimed at ensuring greater security for teleworkers employed in the EU.

The agreement aims at establishing a general framework at European level concerning the employment conditions of teleworkers and at reconciling the needs for flexibility and security shared by employers and workers. It grants teleworkers the same overall level of protection as workers who carry out their activities at the employer's premises.

The agreement is focused on key areas in which the specific nature of teleworking must be taken into account, viz 3:

• voluntary nature of teleworking: for both sides – employer and employee);
• employment conditions- teleworkers benefit from the same rights as comparable workers at the employers premises;
• data protection – employer has the reponsability to ensure the mesures to ensure  the protection of data used and processed by the teleworker for professsional porpouse;
• privacy – the employer respects the teleworker‘s privacy;
• equipment – employer is responsible for providing, installing and maintaining the equipment necessary for regular telework, unless the worker uses his/her own equipment;
• health and safety – the employer is responsible for the protection of the occupational health and safety of the teleworker in accordance with Directive 89/391 and relevant derived directives, national legislation and collective agreements.
• organisation of work - within the framework of applicable legislation, collective agreements and company rules, the teleworker manages the organisation of his/her working time;
• training of teleworkers – teleworkers have the same acccess to training and career development as comparable workers at the employer‘s  premises and are subject to the same appraisal policies as these are their workers;
• the collective rights of teleworkers – teleworkers have the same collective rights as workers at the employer‘s premises.

In Belgium, Germany, Italy, and Spain – the EU-level definition has been used to implement the agreement in the countries’ respective guidelines or national-level collective agreements, while others created a more precise definition of their own.

In Slovenia for instance, the revised labour code provisions resemble the wording used in the European Framework Agreement’s definition. A legal definition of telework in Slovenia is stipulated in Labour Relations Act ( ZDR1).

Mandatory legal requirements

• Home office has to be agreed in the employment agreeement
• The employer shall provide safe working conditions from home office
• The employer has the responsabilty to provide the employee with appropriate resources (e.g. telephone, computer, stationery)
• The employer is obliged to reimburse the employee for any costs incurred

Employee consent

• Is required
• Teleworking can be put in place through an agreement beetween the employer and the employee

Involvement of third parties

• The employer must inform the Labour Inspectorate about the intended organisation of teleworking.

Summarised from KPMG Global Legal Services – International Working from Home Report 2021

Mandatory legal requirements

• Teleworking is just a different modality of performance of  the employee‘s job and duties, therefore, the economic and regulatory treatments applied to employees working at home must be equal to employees working at the company premises.
• Home working office is regulated in written through an agreement between the employer and the employee.

Employee consent

• Is required
• Teleworking can be put in place through an agreement beetween the employer and the employee

Involvement of third parties

• Communication to the Labour authorities is mandatory
• The employer may execute a collective agreement with the trade unions.

Summarised from KPMG Global Legal Services – International Working from Home Report 2021

Mandatory legal requirements

• In case that the place of work is stipulated by the employment contract the employee must consent to teleworking, otherwise the employer may unilaterally instruct the employee to work from home.
• The employer must ensure that all legal requirements which govern the employment at site are also met when the work is performed from home office.

Employee consent

• As far as the implementation of teleworking requires an amendment to the existing employment contract the employee must agree to such ammedment (usualy in written form)

Involvement of third parties

• If a work council (Betriebsrat) has been established, it must be involved in the implemantation of teleworking.

Summarised from KPMG Global Legal Services – International Working from Home Report 2021

Mandatory legal requirements

• Teleworking is regulated in a specific Act approved in 2020 when teleworking takes at least 30% of working hours in 3 months period
• Home office is voluntarly for the worker and  for company
• Teleworking must be agreed in writing.
• Teleworkers have the same rights as thay had at the time of working at the employers business premises, except for those inherent in carrying out the service at the premises in person.
• Teleworkers are paid the same as other workers.
• Employer must report on the company‘s health and safety policy.
• Control of working time is the responsability of the company, which must grant the record of the worker‘s work.
• The employer must compensate any expenses incurred by the employee.

Employee consent

• As far as the implementation of teleworking requires an amendment to the existing employment contract the employee must agree to such ammedment (usualy in written form).

Involvement of third parties

• Given the individual and voluntary nature of telework, the working conditions should be set by the company and the worker concerned, unless in case of existing collective agreement with worker‘s representatives at some points, which should be respected.

• An assesment from the health & security external provider or responsible should be performed.

Summarised from KPMG Global Legal Services – International Working from Home Report 2021

Percentage of employed people usually working from home in Europe 2020:

 12,3%

By country:

Germany:  14,5% Italy:  12,2%  Spain:  10,9% Slovenia:  7,4%

During 2020, the first year of the pandemic, telework increased in most EU countries but to different extents. Figure 1, which charts data gathered by the European Union Labour Force Survey (EU-LFS) on working from home, shows that rises in this arrangement were relatively higher in countries in southern and central–eastern Europe:

• The change greatly impacted Malta, Italy, Hungary and Greece. The proportions doubled in this countries.
• Other countries with relatively high increases were Ireland, Germany and Spain. 
• Countries with high shares of workers teleworking before the pandemic – the Scandinavian and Benelux Member States – had the lowest percentage increases in 2020 (compared to 2019 figures) but remain the countries with highest prevalence of telework. 

Figure 1: Percentage of workers working from home in 2020, distinguishing between 2019 and the increase during 2020, Member States

1. Stay organised (work schedule, work system, to-do list)

2. Create a suitable working environment (office, work  corner)

3. Upgrade your computer skills (new programs, teleworking applications, troubleshooting minor technical errors and tasks)

4. Avoid distractions (TV, bed, fridge, housework, etc.)

5. Improve communication skills (face-to-face is easier than email, phone or video conferencing)

6. Take a break (snack, exercise, fresh air)

7. Keep in touch with your supervisor and colleagues (reduce feelings of isolation, maintain team spirit)

Remember (now you know):

01 WHAT IS TELEWORK

02 WHICH ARE THE MANDATORY LEGAL REQUIREMENTS FOR TELEWORK IN 5 EU COUNTRIES

03 ABOUT THE FAST GROWTH AND DEVELOPMENT OF TELEWORK DURING THE PANDEMIC AND ITS IMPACT ON WORKERS AND EMPLOYERS

04 USEFUL TIPS FOR EFFECTIVE TELEWORKING

Keep going!