Telework Regulation and Social Dialogue

Hans-Jürgen Weißbach

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This report has been produced with the support of the European Commission, DG Employment and Social Affairs, under the European Social Fund (article 6). Views expressed within the report are those of the author and do not reflect the views of the European Commission.

 

Euro-Telework

Hans-Jürgen Weißbach © November 2000

http://www.euro-telework.org

CONTENTS

 

0.                  EXECUTIVE SUMMARY

1.                  INDUSTRIAL RELATIONS AND THE ISSUE OF TELEWORK

2.                  Trends in the regulatory system and the Development of systems of social dialogue

2.1 Decentralisation and 'informalisation' of work

2.2 Indicators of a re-centralisation of industrial relations

2.3 The need for social dialogue and concerted action

3.                  Problems with regulating new types of work

4.                  NATIONAL FRAMEWORK AND INSTRUMENTS FOR REGULATING TELEWORK

4.1 Increasing attempts at government intervention and legal regulation: the cases of Italy and France

4.2 Stable corporatist schemes in Germany and Austria. Will telework fit in?

4.3 Liberal regulation schemes in the Nordic countries and the Netherlands: great concern about social and health issues

4.4 Traditional homeworking as a basis for regulating telework: the case of Finland

4.5 Social dialogue and social pacts in many European countries, yet no visible impact on telework

4.6 Deregulation and lack of union influence: the development of private placement and support structures in the UK and Ireland

4.7 The weakness of collective bargaining and legislation in Spain, Portugal, Greece, Belgium and Luxembourg

4.8 Cross-border issues

5.         AIMS AND ISSUES OF COLLECTIVE AGREEMENTS

5.1 Aims of introducing telework

5.2 Work spaces and the workplace

5.3 Starting and finishing telework

5.4 Status of employees and individual amendments to the working contract

5.5 Organisation and type of telework

5.6 Qualifications and preparation for telework

5.7 Working time

5.8 Control

5.9 Participation of teleworkers in the company's communication system

5.10 Special provisions for women

5.11 Special provisions for people with disabilities

5.12 Cost

5.13 Responsibilities and duties of teleworkers

5.14 Access of Works Council representatives to the workplace

5.15 Information and participation rights of representatives and co-management

5.16 Dispute resolution

5.17 Direct participation by teleworkers

5.18 Trade Union rights

5.19 Health and safety

5.20 The impact on other agreements

6.         Sectors covered by telework agreements

6.1 The public sector

6.2 The private sector

7.         Open questions and neglected problems

8.         COMMON TRENDS AND DIVERGENCES

9.         BIBLIOGRAPHY AND REFERENCES

10.              RECOMMENDATIONS

 

 

 

0.         EXECUTIVE SUMMARY

Analysis of the legal framework of conditions and collective agreements regulating teleworking in 16 European countries shows a very varied picture. The concept of teleworking has not been incorp