Telework 

 What is Telework or Remote Working? 

 Telework allows employees to perform their work remotely using information technology, such that work which could also be performed by employees at the employer’s premises is carried out away from those premises on a regular basis. 

With the evolution of information technology certain work that is usually performed at the employer’s premises, can now be carried out away from those premises on a regular basis.  

Remote working, or teleworking, is an important step forward towards better family friendly conditions of employment, as well as an improved work-life balance.  

With the coronavirus pandemic, many employers felt the need to switch to this method, whether fully or partially. It has since then proved to be an efficient way of working, with several benefits for both the employer and employee.  

What are the benefits of remote working? 

Employees may benefit from telework arrangements such as: 

1. An enhanced quality of life due to a better work-life balance; 
2.  increased flexibility for combining work and domestic commitments;
3. Employees may sometimes choose their own work hours, allowing them the space to manage other commitments or appointments that must be dealt with during work hours.  
4. less time commuting to their workplace, less time spent in traffic, and less money on transportation costs.  

Employees are not the only ones to benefit from teleworking, as employers save costs and reduce office accommodation space, retain trained employees who might otherwise have to leave for domestic reasons and have the opportunity to engage personnel in locations in which the employer does not have an office.  

 What are the rights of the employee? 

A teleworking contract may not always be specifically referred to in the employment contract and is often undertaken in the course of the employment relationship.  

 Where there is no specific reference to teleworking in the employment contract and telework is undertaken in the course of the employment relationship the employee may express the wish to opt for telework and the employer may accept or refuse such request;  

 If on the other hand the employer makes an offer of telework, the employee is free to accept or refuse this offer, provided that such refusal shall not constitute a good and sufficient cause to terminate employment, nor shall it lead to a change in the conditions of employment of the employee.  

 Where both parties agree to a telework arrangement, each party shall have the right to terminate the telework agreement, with the employee returning to his pre-telework post. 

 The employee must also have the same rights of access and rights to participate in training and career development programmes provided by the employer, in the same manner as comparable employees at the employer’s premises. Teleworkers must also be subject to the same appraisal policies as comparable employees. 

Teleworkers must also have their privacy respected, with any kind of monitoring system to be agreed upon by both the employer and the teleworker in the written telework agreement.  

The employer must compensate or cover the costs relating to communication directly caused by telework, with the employer being responsible for providing, installing and maintaining the equipment necessary for the performance of telework.  

 How can telework arrangements be formalised? 

Telework may be required as a condition of employment in an employment contract or resorted to by agreement, in the course of the employment relationship. 

An agreement for the performance of telework must be in writing. Employees should ensure that their contract contains certain information which is particular to telework, including:  

1.  the location where telework is to be carried out; 
2. provisions related to the equipment used for telework including its ownership, maintenance, liability and costs; 
3. the amount of working time to be spent at the place of telework and at the workplace; 
4. the schedule by which the employee will perform telework, where applicable; 
5. the description of the work to be performed; 
6. the department of the undertaking to which the teleworker is attached, the teleworker’s immediate superior or other persons to whom the teleworker can report and reporting arrangements; 
7. provisions related to monitoring, if any; 
8. notice of termination of telework agreement; and  
9. a reference to the right of reversibility by either party, in cases where telework is undertaken in the course of the employment relationship and there is no reference to teleworking in the employment contract.