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.
Potential benefits of telework arrangements may include:
Telework may be required as a condition of employment in an employment contract or, where there is no mention of it in the employment contract, by agreement between the employer and an employee in the course of their employment relationship.
If there is no specific reference to teleworking in the employment contract and telework is undertaken in the course of the employment relationship:
An agreement for the performance of telework must be in writing and, apart from including such information as is required to be included in every employment contract pursuant to applicable law, is also required to set out written information which is particular to telework, including:
Teleworkers must be allowed to enjoy or continue to enjoy the same rights laid down in any applicable law, any applicable individual agreement or in any applicable collective agreement as comparable employees at the employer’s premises.
The employer must also ensure that teleworkers have the same rights of access and rights to participate in training and career development programmes provided by or on behalf of 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.
Respect for the privacy of teleworkers is also important. The employer may only put in place any kind of monitoring system if this is agreed to by both the employer and the teleworker in the written telework agreement Such monitoring system must be proportionate to the objective and must be introduced in accordance with Council Directive 90/270/EEC of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment.
Unless otherwise agreed upon by the employer and the teleworker in the written agreement on telework, the employer is responsible for providing, installing and maintaining the equipment necessary for the performance of telework and for providing the teleworker with an appropriate technical support facility. Moreover, the employer must compensate or cover the costs relating to communication directly caused by telework.
The employer is also required to take the measures necessary to prevent the teleworker from being isolated from the rest of the workforce, such as giving the teleworker the opportunity to meet with colleagues and to have access to information related to his work.
The law emphasises the importance of data protection, by requiring the employer to take the appropriate measures, particularly with regard to software, to ensure the protection of data used and processed by the teleworker in the carrying out of his duties. In this respect, the employer must inform the teleworker of the provisions of applicable data protection legislation, as well as the measures taken by the employer in this respect, including any restrictions on the use of IT equipment, internet or other IT tools and any sanction in case of non-compliance.
At Empleo, we provide legal advice to employers on all matters outlined above, including advice on the creation of telework arrangements, assistance in the preparation of internal policies and procedures for implementation by employers in furtherance of their obligations, and assistance in the preparation of telework agreements.
Some of our services in this area include the following:
You may get in touch with us here to request an initial free legal consultation in relation to any of the matters outlined above.
Mariella graduated from the University of Malta with a doctorate in law in 2005. She completed a master’s degree in ‘European Private Law’ from the La Sapienza, University of Rome, and was admitted to the bar in Malta in 2006.
Mariella is a people person – and it is this attribute which has really characterised and shaped her career.
Over the years, she headed the legal departments of several corporate services firms. Due to her skillset, she was also entrusted with managing and overseeing operations and human resources, where she gained technical and practical experience in various corporate, commercial and employment matters.
Her practical hands-on experience and insight perfectly complement Mariella’s technical knowledge of employment law, thus placing her in an ideal position to understand and advise employers and employees alike on various matters that may arise at the workplace.
Mariella is passionate about employment law matters and provides her clients with the highest-quality legal service to achieve the best possible outcome and resolve any employment law related issues and concerns.
Bradley graduated Doctor of Laws from the University of Malta in 2005 and was admitted to the Bar in Malta in 2006. He advises clients on various corporate, commercial, employment and regulatory matters, with particular focus on company and financial services law.
He has assisted clients in various corporate and commercial matters by providing company law advice and assisting in the implementation of corporate finance, restructuring, mergers and acquisitions and similar transactions.
Bradley has also advised and assisted investment funds, fund managers and other investment services providers, banks and financial institutions, on various legal and regulatory matters relating to the setting up, authorisation and ongoing conduct of their activities in Malta.
His practice also covers general employment law matters. Bradley’s experience in company and financial services law enables him to focus on various corporate and regulatory aspects of employment relationships. In particular, he advises organisations on the implementation of employee share option and participation schemes, the implications of business transfers on employment relationships, as well as relations with senior employees.
Karl graduated Doctor of Laws from the University of Malta in 2005 and was admitted to the Bar in Malta in 2006.
Karl has gained considerable expertise in technology law and regularly assists clients in relation to intellectual property issues, commercial contracts and ways to ensure compliance with the General Data Protection Regulation (GDPR) and privacy laws. Whilst such matters used to be only given incidental importance when dealing with employment matters, they are now widely acknowledged to be vital in all employment relationships.
He is also regularly engaged by C-level executives to assist in negotiating employment contracts and settlement agreements.
Karl advises across a multitude of industries including technology; marketing; adtech; financial services; gaming; esports; consumer products; and media and telecommunications.