Framework Agreement On Telework
6. Privacy
The employer respects the privacy of the teleworker. If any kind of monitoring system is put in place, it needs to be proportionate to the objective and introduced in accordance with Directive 90/270 on visual display units.
7. Equipment
All questions concerning work equipment, liability and costs are clearly defined before starting telework. As a general rule, the employer is responsible for providing, installing and maintaining the equipment necessary for regular telework unless the teleworker uses his/her own equipment.
If telework is performed on a regular basis, the employer compensates or covers the costs directly caused by the work, in particular those relating to communication. The employer provides the teleworker with an appropriate technical support facility. The employer has the liability, in accordance with national legislation and collective agreements, regarding costs for loss and damage to the equipment and data used by the teleworker . The teleworker takes good care of the equipment provided to him/her and does not collect or distribute illegal material via the internet.
8. Health and Safety
The employer is responsible for the protection of the occupational health and safety of the teleworker in accordance with Directive 89/391 and relevant daughter directives, national legislation and collective agreements. The employer informs the teleworker of the company's policy on occupational health and safety, in particular requirements on visual display units. The teleworker applies these safety policies correctly.
In order to verify that the applicable health and safety provisions are correctly applied, the employer, workers' representatives and/or relevant authorities have access to the telework place, within the limits of national legislation and collective agreements. If the teleworker is working at home, such access is subject to prior notification and his/her agreement. The teleworker is entitled to request inspection visits.
9. Organisation of Work
Within the framework of applicable legislation, collective agreements and company rules, the teleworker manages the organisation of his/her working time. The workload and performance standards of the teleworker are equivalent to those of comparable workers at the employers' premises. The employer ensures that measures are taken preventing the teleworker from being isolated from the rest of the working community in the company, such as giving him/her the opportunity to meet with colleagues on a regular basis and access to company information.
10. Training
Teleworkers have the same access to training and career development opportunities as comparable workers at the employer's premises and are subject to the same appraisal policies as these other workers. Teleworkers receive appropriate training targeted at the technical equipment at their disposal and at the characteristics of this form of work organisation. The teleworker's supervisor and his/her direct colleagues may also need training for this form of work and its management.
11. Collective Rights Issues
Teleworkers have the same collective rights as workers at the employers' premises. No obstacles are put to communicating with workers representatives. The same conditions for participating in and standing for elections to bodies representing workers or providing worker representation apply to them. Teleworkers are included in calculations for determining thresholds for bodies with worker representation in accordance with European and national law, collective agreements or practices. The establishment to which the teleworker will be attached for the purpose of exercising his/her collective rights is specified from the outset. Worker representatives are informed and consulted on the introduction of telework in accordance with European and national legislations, collective agreements and practices.
12. Implementation and Follow-Up
In the context of article 139 of the Treaty, this European framework agreement shall be implemented by the members of UNICE/UEAPME, CEEP and ETUC (and the liaison committee EUROCADRES/CEC) in accordance with the procedures and practices specific to management and labour in the Member States.
This implementation will be carried out within three years after the date of signature of this agreement. Member organisations will report on the implementation of this agreement to an ad hoc group set up by the signatory parties, under the responsibility of the social dialogue committee. This ad hoc group will prepare a joint report on the actions of implementation taken. This report will be prepared within four years after the date of signature of this agreement . In case of questions on the content of this agreement, member organisations involved can separately or jointly refer to the signatory parties. The signatory parties shall review the agreement five years after the date of signature if requested by one of the signatory parties.
BRUSSELS, 16 JULY 2002
Signed: Emilio Gabaglio, General Secretary of the ETUC (on behalf of the trade union delegation) Georges Jacobs, President of UNICE. Andrea Bonetti, President of UEAPME. Rainer Plassmann, General Secretary of CEEP