Position paper on telework and the right to disconnect

On 30 April 2024 the European Commission initiated a first-phase consultation of social partners under Article 154 TFEU on possible EU action in the area of telework and workers’ right to disconnect. Bitkom’s key  positions for the upcoming legislative procedure include:

• Remote work and working from home have become standard in many companies, at least since the COVID-19 pandemic. Bitkom is convinced that companies will continue to rely on hybrid working models on a voluntary basis in the future in order to be perceived as attractive employers.
• The issue of cross-border telework within the European Union has not sufficiently been addressed in the consultation document. Key areas of EU action should include employment law, social security and tax law as well as employers' reporting obligations under the Posting of Workers Directive.
• The definition of “telework” and corresponding regulation in statutory legislation or in collective agreements may vary in different Member States. The EU should take a differentiated view depending on the scope of telework, i.e. whether or not it takes place on a voluntary basis; whether it exclusively takes place in a fixed workplace at the employee’s home; whether it takes place during the entire working time or on a regular or only on an occasional basis. In case the employer instructs the employee to telework, regulation may be more comprehensive.
• EU action should refrain from regulating work arrangements in detail. Practice shows that collective agreements at sectoral or organisational level as well as individual work agreements are the most appropriate to lay down work arrangements on telework and a right to disconnect.