European-level representatives of employers and trade unions sign an agreement on teleworkers, July 2002

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Series Details 17.7.02
Publication Date 17/07/2002
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An agreement which will ensure that teleworkers around Europe benefit from the same general protection granted to workers based on the employer's premises was signed by a group of European-level representatives of employers and trade unions on 16 July 2002.

The agreement reached by the European Trade Union Confederation, the Union of Industrial and Employers' Confederations of Europe (UNICE), the European Association of Craft, Small and Medium-Sized Enterprises (UEAPME) and the European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP) will benefit around 4.5 million people around Europe who are either home-based employed teleworkers, self-employed teleworkers, mobile workers or casual teleworkers.

Under the agreement telework is defined 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 employers premises,is carried out away from those premises on a regular basis'.

The agreement seeks to put teleworkers on a par with their office based counterparts by providing them with the same entitlements concerning data protection, privacy, training, health and safety, employment conditions and collective rights. The agreement also recognises certain specifics of telework that should be taken into account such as the right of the teleworker to organise his or her own work.

Negotiations between the employers representatives and trade unions concerning the rights of teleworkers started on 12 October 2001 following a consultation phase organised by the European Commission's DG for Employment during 2001 and early 2001. Under Article 138 of the Treaty on European Union (TEU), the European Commission must consult the social partners before submitting proposals in the social policy field. If an agreement is reached the social partners may then decide, under Article 139 of the TEU, whether this will be implemented through EU legislation or by the parties themselves in line with national legislation. The three framework agreements concluded so far by the social partners concerning parental leave, part-time work and fixed term contracts were all implemented by a Council Directive. The telework agreement, reached on 23 May 2002, will be the first to be implemented through the voluntary route. According to Anna Diamantopoulou, the European Commissioner for Employment and Social Affairs:

'This is a landmark deal. Not only will this initiative benefit both workers and businesses, but it is the first European agreement to be implemented by the social partners themselves. This shows the coming of age of European social dialogue'.

The agreement is to be implemented by 2005 with the member organisations reporting on its implementation. A European report will be prepared on the basis of national reports by 2006 at the latest.

The agreement, not to be confused with two earlier voluntary agreements which were concerned with teleworkers in the commerce and telecommunications sectors, will contribute directly to the Lisbon strategy of making Europe the world's most competitive and knowledge-based economy by 2010.

Links:

European Commission:

European Trade Union Confederation:

Union of Industrial and Employers' Confederations of Europe

European Sources Online: Financial Times:

  • 'Teleworkers' to be granted equal rights

European Sources Online: In Focus:

  • More protection for teleworkers, April 2001

Helen Bower
Compiled: Wednesday, 17 July 2002

An agreement which will ensure that teleworkers around Europe benefit from the same general protection granted to workers based on the employer's premises was signed by a group of European-level representatives of employers and trade unions on 16 July 2002

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