How to Make Telework Work?

A reporter from the Catalan News (ACN) recently asked me to comment on telework during the corona crisis and beyond. Spain has a new draft law that aims to protect teleworkers’ collective rights. In brief, the draft law proposes that employees in Spain who are working from home will have the right to suggest their working hours and to claim teleworking expenses from their employer (thelocal.es). This is welcome news for a growing number of Spanish employees who work from their homes.

Traditionally, telework has not been popular in Spain. The corona crisis, however, changed the landscape of flexible work practically overnight and possibly for good. According to Eurofound, over a third (37%) of those currently working in the EU began to telework as a result of the pandemic. In Spain, the corresponding figure was 30%. In Finland, by contrast, close to 60% of employees switched to working from home. Although there are wide country differences in the recent upsurge in teleworking, the pandemic rapidly transformed the way we live and work around the globe.

This reminded me about the importance of agreeing on a common set of rules in drafting a telework contract. A carefully drafted contract provides a useful tool with which both the employee and management can see what to expect from teleworking. Since telework differs in many ways from work at a company office, it is useful to define the duties and rights of both parties as unambiguously as possible.

According to the European framework agreement among European labour market organizations, telework should always be voluntary for both the employer and employee. An employee’s refusal to opt for telework is not a reason for terminating the employment relationship, and the contract must be reversible by both parties. Teleworkers must enjoy the same rights under the legislation and employment contracts applicable as employees who work at the employer’s premises.

The following points should be given special consideration in drafting a telework contract:

Validity of the contract

• date of commencement;
• nature of employment contract: indefinite/fixed term (criteria for fixed term appointments to be specified if necessary);
• trial period and/or period of notice if applicable; and if the telework contract terminates or is terminated by one party or by mutual consent, the employee shall have the right to return to his or her previous or equivalent job.

Place and time of work and payment

• Place. Definition of telework site (e.g. employee’s home or electronic cottage); in the case of part-time telework it is recommended that terms and conditions are defined regarding arrangements for the use of the employer’s premises (e.g. sharing of a workstation by several teleworkers).
• Time. As a general rule, teleworkers shall be responsible for compliance with working hours norms specified in the contract; in part-time telework, it is recommended that rules are laid down on how working hours shall be divided between the telework site and the employer’s premises.
• Pay. Criteria for wage determination (e.g. normal monthly salary, overtime pay separately).

Employee’s duties

• teleworker must be present at employer’s premises whenever work demands (e.g. meetings);
• teleworker must be contactable by employer, other employees or customers during specified times;
• teleworker must comply with employer’s safety guidelines; and reporting on work (e.g. hourly logbook).

Employer’s duties

• compensate the costs incurred to the employee from telework as applicable (e.g. telephone and telecommunications connections);
• provision of necessary training and other instructions (e.g. definition of the rules and restrictions regarding the use of information and communication technology and the consequences of violating these rules);
• occupational safety (e.g. ergonomics);
• ensure that teleworkers and other employee groups are treated comparably in internal workplace communications, personnel training, recreational activities, etc.; and
• respect teleworker’s privacy.

Further reading

Abbot, Lydia (2020) Tips for Managing a Remote Workforce During Coronavirus — and Beyond. Linkedin Talent Blog, March 11, 2020.

ETUC (2006) Implementation of the European Framework Agreement on Telework: Report by the European Partners. Brussels: European Trade Union Confederation.

Eurofound (2020) Living, Working and COVID-19: First Findings – April 2020. Dublin: European Foundation for the Improvement of Living and Working Conditions

ILO (2020) Teleworking During the COVID-19 Pandemic and Beyond: A Practical Guide. Geneva: International Labour Office.

Py?ri?, Pasi (2011) Managing Telework: Risks, Fears and Rules. Management Research Review 34(3): 386–399.