Towards a new agreement on teleworking very soon
PSL - Senior Associate
29 October 2020
Here is a summary of the agreement on teleworking signed by the social partners on 20 October 2020.
- Teleworking is carried out outside of the employer's premises. The agreement does not make any reference to the place of teleworking (no reference to the employee's home). The parties mutually agree on the place of teleworking
- Teleworking is occasional when it is carried out to cope with unforeseen events or when it represents less than 10% on average of the teleworker's normal annual working time
- Teleworking is regular when it represents at least 10% on average of the teleworker's normal annual working time
- Teleworking always requires a written proof (in particular for accident insurance reasons):
- when it is regular, the parties conclude a written agreement containing the essential elements of teleworking (place, hours, days, lump sum indemnity, possible compensation for benefits in kind etc.).
- when it is occasional, the employer provides the teleworker with a simple written confirmation of his approval of the teleworking (via sms or email, the date of the teleworking being important)
- The notion of teleworking excludes smart-working (e.g. answering some e-mails via smartphone) and co-working spaces
- The principle of equal treatment applies between teleworkers and regular employees with one limitation: the teleworker is not entitled to compensation for a benefit in kind which is closely related to the employee’s presence in the company's premises (e.g. canteen, parking space)
- Teleworking equipment is provided by the employer in case of regular teleworking and the employer pays the costs directly caused by teleworking (e.g. by paying a monthly lump sum indemnity)
- The involvement of the staff delegation is extended. In addition to their regular information (on the number and evolution of teleworking), the staff delegation has a right to info/consultation (co-decision at employers with 150+ employees) in case of introduction and/or modification of a specific teleworking regime
- Switching to, or returning to, the classic on-site working formula is more flexible, only the parties’ mutual consent is required
- Teleworking remains a voluntary Teleworking is neither a right nor an obligation.
- Health and safety: the employer has a duty to provide information. Teleworkers can request an inspection visit of their home office. The unilateral right for the employer to go and check the teleworker’s home office, does no longer exist
- The teleworker, his/her manager and colleagues can ask for targeted training on teleworking
The new agreement does not address the health crisis linked to Covid-19. However, on the basis of its health and safety obligation, the employer may impose teleworking on employees for who it is materially possible to work from home.
In order to enter into force and be generally binding for all Luxembourg employers, the teleworking agreement has yet to be adopted by the Government, which is expected before the end of the year.
DID YOU KNOW: Currently, in case of quarantine or isolation, the employee concerned, who is however symptom-free and in good health, can request to telework and not be on sick leave. In this case, the employer must confirm in writing his agreement to teleworking.