Telework in the EU:Telework in the EU:between autonony and heteronomybetween autonony and heteronomy

Conference on Regulating for Decent Work – Conference on Regulating for Decent Work –

Innovative labour regulation in a turbulent world Innovative labour regulation in a turbulent world

ILO - Geneva, ILO - Geneva, 8 July 2009 8 July 2009

Dr. Christian WelzDr. Christian Welz

European FoundationEuropean Foundation

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OutlineOutline

I. Introduction

II. Definition of teleworkIII. Incidence IV. Regulatory frameworkV. Views of Governments and Social

Partners

VI. Conclusion

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II. DefinitionII. Definition

“is a form of organising (…) workorganising (…) 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.”(art.2)

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III. IncidenceIII. Incidence

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III. IncidenceIII. Incidence of telework: at least ¼ time (EWCS)of telework: at least ¼ time (EWCS)

0

2

4

6

8

10

12

14

16

MT

BG PT IT RO HU IE LU FR CY SI DE LT ES EU EL SK UK AT SE NO PL FI EE NL LV BE DK CZ

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III. Incidence by sector/occupationIII. Incidence by sector/occupation

considerably higher use can be found in

real estate, financial intermediation and education

more than 15 % of the workforce engage in telework at least ¼ of their time

more likely with higher skilled workers

professional, managerial and technical

occupations more than 10% of employees involved in

telework

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IV. Regulatory FrameworkIV. Regulatory Framework

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IV. Hard vs. soft law (Marginson/SissonIV. Hard vs. soft law (Marginson/Sisson))

hard soft

standard rights and obligations minimum provisions

hard issues (e.g. pay, working time) soft issues (e.g. telework, stress)

complete incomplete

compulsory open ended

relies on sanctions permissive

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IV. Regulatory FrameworkIV. Regulatory Framework

state of play of implementation

9

6

6

6

CA law voluntary instrument no impl. 09

14/04/15 10heteronomousautonomous

soft law

hard law

FI SE

NL LV IE UK

AT DE DK EL ES IT

BE FR LU CZ HU SKPL PT SI

tripartite processbipartite process social partner consultation

legislation without SP consultation

code of practice/guidance

collective agreement

legislation

extension of CA

voluntary agreement

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V. Views of Governments + Social PartnersV. Views of Governments + Social Partners

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V. Views of Governments + Social PartnersV. Views of Governments + Social Partners

GovernmentsGovernments

predominantly positive views

EmployersEmployers

means to enhance productivity &

employment while facilitating health

& safety and environmental policies

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V. Views of Governments + Social PartnersV. Views of Governments + Social Partners

Trade unionsTrade unions

generally in favour of telework

employees might have difficulties re

work schedules, training & promotion

representation of teleworkers is a

challenge for employee representatives

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VI. ConclusionsVI. Conclusions

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VI. ConclusionsVI. Conclusions

growing phenomenon

average proportion of employees increased

from about 5% in 2000 to 7% in 2005

3 main clusters of regulation

collective agreements most widespread form of implementation 9 MS: AT, BE, DE, DK, EL, ES, FR, IT

and LU

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VI. ConclusionsVI. Conclusions

legislation 6 MS: CZ, HU, PL, PT, SI and SK

soft law mechanisms 6 MS: FI, IE, LV, NL, SE and the UK voluntary agreements, codes of conduct or guidances

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VI. ConclusionsVI. Conclusions

a total of 15 MS used hard law /

only 6 MS used soft law mechanisms

advantage more effectiveness by

enhancing the scope of workers

inconvenience SP loose part of their

autonomy, especially in the legislative

implementation

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for discussionfor discussion ……

dichotomies of the autonomous avenue …

between soft and hard law

between autonomy and heteronomy

between voluntary and compulsory

between flexibility and harmonisation

between horizontal and vertical subsidiarity

between EU law and OMC

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http://www.eurofound.europa.eu

christian.welz@eurofound.europa.eu

further informationfurther information

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autonomous

1. bipartite CA

2. bipartite CA extended by government

3. tripartite codes/guidelines

4. prior CA transformed into law

5. prior SP consultation before legislation

6. legislation without SP consultation

heteronomous