Whether redefining regular and occasional teleworking, rules on the supply of equipment or necessary written documentation, teleworking is getting a makeover.
At 2:30pm on Tuesday, social partners signed a new agreement to put the practice into a framework, based on the opinion issued by the economic and social council (CES) in September to replace the old version dating from 2006--when smartphones were still scarce.
"The most striking change is that it regulates occasional teleworking, which is done spontaneously," said Jean-Jacques Rommes, CES president. The old text mainly concerned regular teleworking, although this is less widespread.
As a consequence, the rules concerning hardware are also changing. While, in the case of regular teleworking, the employer is still obliged to provide an employee with tools needed for the job--an internet connection, for example--hybrid solutions may be decided in the case of exceptional practice (less than 10% of the annual time), to avoid doubling costs. The right for the employer to inspect the workplace of his employee, considered "invasive", has been abolished.
To give companies more flexibility, the new agreement recognises teleworking without the need for an amendment to the employment contract. A simple email or text message is sufficient as proof. The CES is now hoping that the Accident Insurance Association (AAA), which used the old convention as a basis to define telework, will refer to the new one to make judgments concerning work-related accidents.
“I am satisfied that we have reached an agreement. The discussions were very fruitful,” Rommes said.
On a voluntary basis
It’s a sentiment shared by employers. “We are glad we managed to find a common opinion. It’s a balanced text. It gives a lot of freedom and flexibility, while providing a framework and legal security,” said Jean-Paul Olinger, director of the Union des entreprises luxembourgeoises (UEL). He emphasised that teleworking is "neither a right [as requested by a petition, editor's note], nor an obligation, but remains a voluntary measure.”
There’s similar satisfaction on the part of employees. Frédéric Krier, member of the executive committee of the OGBL union, welcomed a "successful text" which allows for “facilitating access to occasional teleworking". He also saw a strengthening of social dialogue. The new agreement provides that, in companies with more than 150 employees, collective agreements on remote working can be put in place instead of amendments to the employment contract or other written evidence.
The text has yet to pass into the hands of the government, before turning into a grand-ducal regulation, "by the end of the year", Olinger hopes. Labour Minister Dan Kersch (LSAP) also instructed the social partners meeting within the CES to draw up an opinion on the right to disconnect. "We have not dealt with it in this text, because it is not specific to teleworking,” Krier explains.
Bettel tweets support
In a tweet on Tuesday evening Prime minister Xavier Bettel said that he welcomed the agreement. Bettel said that remote working had revolutionised the workplace and will continue to play an important role in containing covid-19.
It remains to be seen whether new tax agreements will then be negotiated between Luxembourg and its neighbouring countries. At the time of writing, outside of a crisis period, cross-border workers are only entitled to a certain number of days worked from home (19 in Germany, 24 in Belgium, 29 in France) before being taxed in their country of residence. A European rule also requires them not to telework for more than 25% of their time, at the risk of having to join social security in their country of residence.
This article was originally published in French on Paperjam.lu and has been translated and edited for Delano.