On Tuesday 30 April, the European Commission launched the first-phase consultation of European social partners to gather their views on the possible direction of EU action on ensuring “fair telework and the right to disconnect”, according to a press release.
The purpose of this consultation is to enable the Commission to legislate on the subject, given that the social partners were unable to reach an agreement at their level at the end of 2023 (see EUROPE 13301/6).
“Telework has become widespread, especially since the Covid-19 pandemic. The European Labour Force Survey shows that the overall proportion of people working from home in the EU has more than doubled in recent years, rising from 11.1% in 2019 to 20% in 2022” according to the Commission press release.
“Telework brings many opportunities to the world of work, but also some challenges”.
In particular, the consultation document points to the risk of an “always-on” work culture in the context of remote working.
The widespread use of digital tools, in particular ICT tools, has led to a significant increase in the “extended availability” of workers - i.e. they receive and respond to work-related requests during rest periods - sometimes resulting in “permanent availability”.
The consultation should make it possible to identify possible actions to protect mental health when teleworking, avoid discrimination between teleworkers and other workers, and improve respect for the gender dimension.
The right to disconnect is currently regulated in 11 Member States, but its scope and definition vary. In Belgium, France, Italy and Luxembourg, there is no precise definition of the right to disconnect. In Croatia (for teleworking in the public sector) and Portugal, the right to disconnect is defined as an obligation for the employer not to contact workers outside working hours or during rest periods. In other countries, the right to disconnect is defined broadly and generally refers to the right not to use the technological tools used to carry out work.
Action at EU level could aim to protect work-life balance and ensure that “as a general rule, workers are not obliged to engage in work-related activities outside their working hours, taking due consideration of the concepts of ‘on-call’ and ‘availability’ used by the CJEU to interpret the definition of ‘working time’, as well as specific working arrangements”.
It could also ensure that workers are not subjected to negative or discriminatory treatment for exercising their right to disconnect and require employers to take appropriate measures to ensure that workers can exercise this right.
This initiative could also define minimum requirements covering various aspects of work carried out in a place other than the employer's premises and define certain rules relating to the modalities and transparency of monitoring teleworkers’ performance.
It could also ensure that the specific health risks associated with teleworking, including psychosocial, ergonomic and physical risks, are properly assessed.
Link to the consultation document: https://aeur.eu/f/c0j (Original version in French by Solenn Paulic)