Teleworking regulations are changing – so what do employers need to know?

At European level, telework is regulated through the framework directive and other directives relating to working conditions (such as the Working Time Directive) and occupational safety and health (OSH). But despite this, there is no single, specific piece of legislation in the EU directly related to telework. Instead, it is regulated at national level through statutory legislation, social dialogue, and collective bargaining.

At the heart of the European approach to teleworking, however, is the EU Framework Agreement on Telework, an autonomous agreement between social partners formulated in 2002. The document provides a definition of telework 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 employer’s premises, is carried out away from those premises on a regular basis.” In addition, it offers a clear, albeit general, overview of employers’ pre-pandemic responsibilities to teleworking staff.