More protection for teleworkers, April 2001

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Series Details 29.4.01
Publication Date 29/04/2001
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On Thursday 26 April 2001 the Employment and Social Affairs Commissioner, Anna Diamantopoulou, was present at the signing of a 'European Agreement on Guidelines for Telework' between Eurocommerce and Uni-Europa Commerce. Concluded after 12 months of negotiations, the Agreement is intended to ensure that teleworkers enjoy the same rights as other employees.

The Agreement sets out guidelines for regulating telework through collective agreements and other arrangements at national and company level. It stipulates that teleworkers should be employed on a similar basis to any other employee, enjoying comparable employment rights, remuneration structures and career opportunities. It also establishes guidelines on the notification of employment conditions and date protection; privacy; health and safety of equipment and telework venue; compensation for the generated costs; participation in trade union work and social contacts with the company and the other workers.

The Agreement does not cover self-employed workers or occasional teleworkers, and concerns only main employment relationships.

The nature and significance of telework

Since it was identified in the 1994 report Europe and the Information Society (the Bangemann Report) as an important source of employment, telework has been of constant interest to the European Union. It was cited as a potentially significant contributor to the increased level of employment agreed at the 2000 'dot.com' Summit in Lisbon, where the European Council set an employment rate target of 70&percent; by 2010 (rising from a current rate of 62&percent;). The take-up of telework is one of the measurements by which the success of the eEurope initiative, launched in December 1999, will be gauged.

Telework is seen not only as a source of employment, but also as a way of improving the quality of employees' working lives and, in some sense, of improving the community generally.

Both the Lisbon Summit and the European Social Agenda adopted at the Nice European Council, requested the social partners (employers' and employees' groups) to help modernise the European social model.

The Agreement signed by Eurocommerce and Uni-Europa Commerce defines 'telework' as 'all work comparable to [that] which could be carried out by an employee at the workplace but which may also be done at a distance, using computer technology, normally connected to the information network of the company.'

A further definition is provided in a report compiled in 1997 for the European Commission by the European Foundation for the Improvement of Living and Working Conditions, Social Implications of Teleworking [pdf]: 'Work performed by a person (employee, self-employed, homeworker) mainly or to a large extent at a location other than the traditional workplace, for an employer or a client, involving the use of advanced technologies.'

The Foundation report found that 'There appears to be no common legal definition of telework and there is almost no specific legislation.' A number of definitions are presented in the International Labour Organization's 2001 report The high road to teleworking [pdf], whose author identifies the following working environments / practices which can be included within the concept of telework:

1. At home: tele-homeworking.
2. At a location usually closer to home than to the traditional workplace
3. In any alternative workplace where telecommunications make telework possible and convenient.
4. In call centres.
5. At various locations changing in time - mobile or nomadic work.
6. Across countries and continents.

The Commission's 1997 Green Paper Partnership for a new organisation of work acknowledged that the number of people engaged in telework had not met the 'expansive forecasts' of the 1970s. However, both interest and participation in telework is growing. It is estimated by EcaTT there were 9 million teleworkers in the EU in 1999, representing some 5.6&percent; of all workers. However, if the level of interest amongst non-telework users was converted to actual employment, levels would almost double over the next few years, reaching an estimated 16 million by 2005.

Although employment in telework is rising overall in the EU, there are considerable regional differences: some 30&percent; of Finns are likely to be teleworking by 2005, compared to only about 12&percent; of British and German employees, and even fewer French and Irish.

Telework is most common in financial and business services. It tends to be preferred by large employers: approximately 75&percent; of organisations with more than 500 staff employ teleworkers. For smaller businesses the figure is nearer 30&percent;, and in 'micro' companies with less than 10 employees, only 15&percent; use teleworkers.

The significance of the recent telework Agreement is that commerce (retailing and wholesaling) is the largest source of private sector employment in the EU, accounting for some 23 million workers - about 16&percent; of the total workforce. The Agreement was reached by the social partners: the employers' organisation Eurocommerce ('the retail, wholesale and international trade representation to the EU') and Uni-Europa Commerce ('the global trade union for commercial workers', which has seven million members in Europe).

Telework and employment rights

This is not the first such Agreement covering telework: on 7 February 2001 a similar document was signed covering the telecommunications sector. Both Agreements are voluntary - there is no formal EU legislation specifically covering telework. They do, however, provide a framework within which EU employers can operate telework schemes, and to which employees can refer in appropriate cases.

Most EU employment legislation is predicated on the assumption that employees work in traditional office and factory environments, where employers are able to comply with relevant legislation, including health and safety requirements. When an employee works away from the office or factory - particularly at home - ensuring compliance with legislation can be more problematic.

The 1996 Green Paper Living and Working in the Information Society: People First was intended to promote awareness and stimulate debate on employment and social issues related to the Information Society. Opinion was divided on how best to address the challenges: some responses to the Green Paper suggested that legislation was required to safeguard employment conditions and rights of teleworkers; others argued that legislation might adversely effect the growth of teleworking.

However, concerns for workers' rights were acknowledged. An Information Society Forum Working Group Report, also published in 1996, identified obstacles to the development of teleworking and stated that 'The traditional organisation of work ties both the rights and obligations of employers and employees to work performed within the company. Consequently, teleworking requires different social and legal frameworks.'

Again in 1996, the International Labour Organization adopted a Home Work Convention and Home Work Recommendation relating specifically to homeworking, but which are relevant to teleworking. EU Member States were invited to ratify the Convention in a 1998 Commission Recommendation.

The following year a European Charter for Telework was drawn up under the aegis of an EU-funded project, DIPLOMAT. The Charter offered 'a general statement of commitment to the potential opportunities offered by telework, [which] specifically comprises a response to the urgent need for pan-European Guidelines on the implementation, organisation and deployment of telework.'

Further information within European Sources Online:

European Sources Online: In Focus
- European Council, Nice, 7-11 December 2000 / Treaty of Nice- European Council, Lisbon, 22-23 March 2000

European Sources Online: Topic Guide:
- Employment and Labour Market Policy

European Sources Online: European Voice
- 09.01.97: New focus on teleworking- 01.05.97: 'Flexible' agreement proves elusive- 25.06.98: Commission points out a few home truths on teleworking- 25.03.99: Mixed reaction to call for labour law talks- 06.01.00: Europeans 'fail' to seize IT job opportunities- 08.02.01: Diamantopoulou hails telecoms deal for home workers- 15.03.01: Boost for teleworkers

Further information can be seen in these external links:
(long-term access cannot be guaranteed)

European Commission: Employment and Social Affairs DG
- Home page
- Strategies for jobs in the Information Society COM(2000)48 [pdf]
- Teleworking - pilot project [inside the Commission]

European Commission: Information Society DG
- Home page

European Commission: Press and Communication Service
- Home page
- 26.4.01: Telework: Diamantopoulou welcomes European agreement on telework in the commerce sector (IP/01/616)
- 26.4.01: Anna Diamantopoulou: European agreement on guidelines for telework between Eurocommerce and Uni-Europa. Comments on the signing of the agreement (SPEECH/01/186)
- 19.3.01: Stockholm: the Commission launches the second phase of consultations among the two sides of industry on modernising and improving labour relations (IP/01/411)
- 7.2.01: The Commission welcomes adoption of guidelines for teleworking in the telecommunications sector (IP/01/171)
- 20.3.00: Anna Diamantopoulou welcomes support of telecoms unions and operators for Lisbon summit (IP/00/271)
- 7.2.00: Europe's Net Generation: Catching up with the US? European Commission Launches New Strategy for Jobs in the Knowledge Economy (IP/00/119)

European Foundation for the Improvement of Living and Working Conditions
- Home page
- Social Implications of Teleworking

Information Society Promotion Office
- Home page
- Recommendations to the European Council: Europe and the global information society (Bangemann Report)

International Labour Organization
- Home page
- Employment of homeworkers: Examples of good practice
- Home Work Convention
- Home Work Recommendation
- Teleworking: Introduction
- The high road to teleworking

Euro-Telework
- Home page

Eric Davies
KnowEurope Researcher
Compiled: 29 April 2001

On Thursday 26 April 2001 the Employment and Social Affairs Commissioner, Anna Diamantopoulou, was present at the signing of a 'European Agreement on Guidelines for Telework' between Eurocommerce and Uni-Europa Commerce.

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