Debate: Parliament’s call for the right to disconnect - three years on
Date: TUESDAY, 12 DECEMBER 2023
Speaker: Nicolas Schmit
Language: EN

Telework has significantly increased during the restrictions due to the pandemic, but a significant share of workers has continued to work remotely or under hybrid working arrangements. While the flexibility deriving from telework offers opportunities, it can also challenge the work-life balance by blurring the lines between professional and private life. At the same time, digitalised working patterns, the ‘always-on’ culture and the related risks for workers’ health have brought the issue of the right to disconnect to the forefront. While recognising both advantages and disadvantages of digitalisation and the use of digital tools for work purposes, Parliament’s resolution called on the Commission to put forward a directive on the right to disconnect and a legislative framework for remote work, with a view to protecting workers’ rights and working conditions. The resolution highlighted the fundamental role that social partners have in identifying and implementing measures with regard to the right to disconnect and – as a first step – recommended that social partners take implementing measures within a three-year time framework. Parliament and the Commission concurred on the key role of social partners in this regard, and for this reason, the Commission welcomed the EU social partners’ decision to engage in negotiations with a view to reaching an agreement to be turned into EU law. While respecting the social partners’ autonomy, the Commission supported them in their endeavour, providing technical and legal assistance. Therefore, we regret that the EU cross-industry social partners did not come to a successful conclusion of their negotiations. This could have been a good opportunity for tackling the challenges and opportunities related to telework and the right to disconnect in a balanced and informed manner, to the benefit of workers and companies alike. We all concur that regulating telework and the right to disconnect through cross-industry collective bargaining at European level would have been the best way to proceed. But now we are faced with a different scenario. In the letter sent to the Commission to inform about the negative outcome of their negotiations, the social partners stressed that the file is now back in the hands of the Commission. In response to the European Parliament resolution on the right to disconnect, the Commission committed to follow up with a legislative act in line with President von der Leyen’s political commitment regarding Article 225 resolutions. Therefore, it will now swiftly decide on how best to proceed in full respect of the proportionality, subsidiarity and better law-making principles and the consultation with the EU social partners foreseen under Article 154. The Commission intends to live up to its commitment and proceed with the consultation of social partners on the way forward. This is also timely, with a view to the Sectoral Framework Agreement of the European Social Dialogue Committee for Central Government Administration and the request from the sectoral social partners to turn into a legislative proposal their agreement on digitalisation of the public administrations. The Commission is well aware of the importance of adequate regular telework and the right to disconnect in a world of work, which is rapidly changing. It has it has committed to follow up to the Parliament’s resolution with a legislative act and it will kick-start the steps to do so.