The 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) have signed a framework agreement on telework aimed at ensuring greater security for teleworkers employed in the EU. This agreement is of particular importance because it is the first European agreement put in place by the social partners themselves.
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 defines telework as a form of organising 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.
Since telework covers a wide and fast evolving spectrum of circumstances, the social partners have chosen a definition of telework that includes various forms of regular telework.
The agreement focuses on several key areas in which the specific nature of telework must be taken into account, viz:
- voluntary nature of teleworking: telework is voluntary for the worker and the employer concerned. Telework may be required as part of a worker’s initial job description or it may be engaged in as a voluntary arrangement subsequently. In both cases, the employer provides the teleworker with relevant written information in accordance with Directive 91/533/EEC;
- employment conditions: teleworkers benefit from the same rights as comparable workers at the employer’s premises. These rights are guaranteed by applicable legislation and collective agreements. In order to take into account the particularities of telework, specific agreements may be necessary;
- data protection: the employer is responsible for taking the appropriate measures to ensure the protection of data used and processed by the teleworker for professional purposes. The employer informs the teleworker in particular of any restrictions on the use of equipment and of sanctions in the case of non-compliance;
- privacy: the employer respects the teleworker’s privacy. If any kind of monitoring system is put in place, it needs to be proportionate to the objective and introduced in accordance with Directive 90/270 on visual display units;
- equipment: as a general rule, the employer is responsible for providing, installing and maintaining the equipment necessary for regular telework unless the teleworker uses his/her own equipment. The employer has the liability, in accordance with national legislation and collective agreements, regarding costs for loss and damage to the equipment and data used by the teleworker;
- 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 daughter directives, national legislation and collective agreements. In order to verify that the applicable health and safety provisions are correctly employed, the employer, workers’ representatives and/or relevant authorities have access to the telework place, within the limits of national legislation and collective agreements. If the teleworker is working at home, such access is subject to prior notification and his/her agreement. The teleworker is entitled to request inspection visits;
- organisation of work: within the framework of applicable legislation, collective agreements and company rules, the teleworker manages the organisation of his/her working time. The workload and performance standards of the teleworker are equivalent to those of comparable workers at the employer’s premises;
- training of teleworkers: teleworkers have the same access 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. Teleworkers receive appropriate training targeted at the technical equipment at their disposal and at the characteristics of this form of work organisation;
- the collective rights of teleworkers: teleworkers have the same collective rights as workers at the employer’s premises. No obstacles are put to communicating with workers’ representatives.
Implementation and follow-up
This European framework agreement will be implemented within three years after the date of signature by the members of UNICE/UEAPME, CEEP and ETUC (and the Liaison Committee EUROCADRES/CEC).
Member organisations will report on the implementation of this agreement to an ad-hoc group set up by the signatory parties, under the responsibility of the Social Dialogue Committee. Within four years after the date of signature of this agreement, this ad-hoc group will prepare a joint report on the implementation measures taken.
The signatory parties will review the agreement five years after the date of signature if requested by one of the signatory parties.
This new agreement directly supports the strategy defined at the Lisbon European Council and the transition to a knowledge-based economy and society, in line with the Lisbon objectives.
In July 1997, the European Commission adopted a raft of policy recommendations on the labour market and the social dimension of the information society. The recommendations included commitments to promote teleworking in Europe and to study teleworking within the Commission.
In 1998 a pilot project was launched by the Directorate General for Employment, Social Affairs and Equal Opportunities and the Directorate-General for the Information Society. It includes three telework types of a part-time nature: working both from home and in the office, working whilst on the move during official missions, and occasional work in another Commission building.
The promotion of telework opportunities is one of the components of the Commission’s proposals for an employment strategy in the information society. The Commission supports the work of the social partners with a view to establishing framework conditions and practical rules so as to allow telework to be introduced on a large scale.