WRITTEN QUESTION E-1012/01

by Salvador Garriga Polledo (PPE-DE) to the Commission

(30 March 2001)

Subject: Community rules on teleworking

Recently the telecommunications sector social-dialogue committee formally adopted guidelines for the organisation of teleworking. This agreement has been reached by following the Lisbon Summit recommendations and by acknowledging that teleworking is an increasingly common form of work organisation.

One of the most significant of the above guidelines is the one which acknowledges that teleworkers should be treated in the same way as other employees as regards working conditions, the availability of training and information, trade-union rights and career development.

Does the Commission think that there should be Community rules on teleworking based on the above-mentioned guidelines, so as to harmonise the relevant provisions and ensure that all teleworkers are treated fairly?

Joint answer to Written Questions E-0775/01 and E-1012/01 given by Mrs Diamantopoulou on behalf of the Commission

(18 May 2001)

On 20 June 2000, the Commission began consultations with the social partners on the modernisation and improvement of employment relations on the basis of Article 138(2) (ex Article 118a) of the EC Treaty.

On 16 March 2001, having examined their replies, it continued with the second phase of this consultation process by sending them a document dealing with teleworking, since the social partners expressed very considerable immediate interest in this topic. Indeed, they made it known that Community action was highly desirable in this area and was likely to provide added value.

It is true that the spread of the information technologies, accelerated by the development of the Internet, is leading to the development of this new type of work organisation, which cannot be ignored. However, while it undeniable that teleworking represents a factor of flexibility, the Commission considers that it is necessary to ensure that its development does not take place to the detriment of the protection of employees.

That is why the Commission believes that it is necessary to draw up guidelines governing the practice of teleworking without hampering its development. On the basis of the various existing practices, in order to adapt the working environment (especially the practices stemming from collective bargaining), as part of these consultations the Commission submitted to the social partners a list of general principles that should govern practice: voluntary basis, with right of return; guaranteed retention of employee status; guarantee of equal treatment; information to be given to teleworkers; payment of the costs by the employer; guarantee of the provision of suitable training; protection in the area of health and safety; working time; protection of private life and personal data; maintenance of contact with the enterprise; the collective rights of teleworkers and access to teleworking.

In these consultations, the Commission has invited the social partners to send it an opinion or a recommendation on the content of the planned proposal (in accordance with Article 138(3) of the EC Treaty) or to inform it of their wish to initiate the negotiation process on the basis of this proposal (Article 138(4) and Article 139 (ex Article 118b) of the EC Treaty). It is currently awaiting their replies. Moreover, as the Honourable Member points out, at sectoral level, certain employers' and workers' organisations have already adopted guidelines on the organisation of teleworking in their sectors.