Telework

Telework is an important step forward towards better family friendly conditions of employment. With the evolution of information technology certain work that is usually performed at the employer’s premises, can now be carried out away from those premises on a regular basis. Telework may be required as a condition of employment in an employment contract or resorted to by agreement, in the course of the employment relationship.

Written agreement

Any agreement for the performance of telework has to be in writing and shall include information as is required by the Information to Employees Regulations, and information which is particular to telework as enlisted in L.N. 312 of 2008 - Telework National Standard Order.

When telework is required as a condition of employment in an employment contract

The conditions of employment shall not be less favourable than those laid down in L.N. 312 of 2008 - Telework National Standard Order.

When telework is not specified in the employment contract and is undertaken in the course of the employment relationship

The employee is free to accept or refuse an employer’s offer of telework.  Such refusal shall not constitute a good and sufficient cause for terminating employment, nor shall it lead to a change in the conditions of employment of the employee concerned. On the other hand if an employee expresses the wish to opt for telework, it is in the employer’s discretion whether to accept or refuse such request.

The passage to telework

The passage to telework does not affect the employee’s employment status or his right to revert back to his previous post or, in the event that this is not possible, to another similar post.

Terminating a telework agreement

Teleworkers shall have the same rights of access and rights to participate in training and career development programmes provided by or on behalf of the employer in the same manner as comparable employees at the employer’s premises and be subject to the same appraisal policies as comparable employees.

Privacy of the teleworker

Unless otherwise agreed upon by the employer and the teleworker in the written agreement on telework, the employer is responsible for providing, installing and maintaining the equipment necessary for the performance of telework and for providing the teleworker with an appropriate technical support facility. On the other hand the teleworker is obliged to take good care of the equipment and data provided by the employer and he shall not collect or distribute illegal material via the internet.

Organisation of work

The employer is obliged to inform the teleworker about the provisions of the Data Protection Act  and shall take the appropriate measures, particularly with regard to software, to ensure the protection of data used and processed by the teleworker in the carrying out of his duties. From his/her end, the teleworker shall abide by the provisions of the Data Protection Act and by the measures taken by the employer in terms of this regulation.

 
Collective rights

The teleworker enjoys the same collective rights as comparable employees at the employer’s premises and has the right to participate in, and to stand for elections to bodies representing employees. Moreover the teleworker is to be included in the calculations for determining thresholds for the purposes of worker representation, for the purposes of information and consultation rights in terms of L.N. 433 of 2002 - Transfer of Business (Protection of Employment) Regulations, and of the L.N. 10 of 2006 - Employee (Information and Consultation) Regulations, and for the purpose of determining a collective redundancy in terms of L.N. 428 of 2002 - Collective Redundancies (Protection of Employment) Regulations

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