Telework
Related Legislation:
L.N. 312 of 2008 – Telework National Standard Order
1. What is Telework?
Telework is when work that is usually performed at the employer’s premises, is carried out away from the workplace on a regular basis.
Telework may either be a condition of employment or resorted to by agreement, as may be proposed by the employer or the employee, in the course of the employment relationship.
2. Is the employer obliged to accept a request by the employee to telework?
The employer is not obliged to accept a request by the employee to telework.
3. What happens if the employer refuses?
If no agreement is reached between the parties then telework cannot be performed.
4. What happens if the employee refuses to telework after it is proposed by the employer?
Where an employee refuses an employer’s offer for telework, such refusal does not constitute a good and sufficient cause for terminating employment, nor does it lead to a change in the employees conditions of employment. This is specified by the Legal Notice.
5. Can the parties verbally agree on the conditions regarding teleworking?
The Teleworking regulations stipulate clearly that any agreement for the performance of telework has to be in writing. It is important that the terms and conditions are stipulated clearly including when the employee is required to attend meetings or perform duties at the employer’s premises.
The employer has to be cautious that whilst accommodating employees with this flexibility measure however the arrangement has to work both ways. For example the conditions should specify that in cases of emergency (eg: employees on sick leave or annual leave) the employee may be required to work from the employer’s premises at short notice.
6. Is there a procedure for terminating a telework agreement?
Either party has the right to terminate the teleworking agreement provided that a period of notice in writing is given by the party ending the agreement. The Legal Notice stipulates that three days notice applies if termination takes place during the first two months of the telework arrangement and two weeks’ notice applies if the agreement is terminated after the first 2 months of the telework arrangement. The parties can agree, in writing, on a different notice period.
7. What are the employer’s obligations vis-à-vis teleworkers?
Since the employer is always responsible for his employees, including health and safety, the employer is obliged to perform a risk assessment of the new workstation of the employee.
The employer is also obliged to provide any tools or equipment required to perform the assigned duties.
8. Is the working time for teleworking specific or flexible?
Since in many cases teleworking is a family friendly measure, unless there is an occupational requirement for the working hours to be fixed, the parties can agree for flexible working hours
For example teachers have an official working week of twenty seven and a half hours (WRO Private Schools) because it is expected that preparations and corrections are done at home. It is at the teacher’s discretion to allocate sufficient time for these tasks.
On the other hand teleworkers who may be dealing with clients would have to be available during specified times.
9. If the employer grants teleworking to an employee, is he obliged to accept other similar requests?
There is no obligation to accept requests for teleworking however the employer can be faced with a claim of discrimination if he grants teleworking to an employee and refuses to grant to others without any justifiable reason. It is best to grant teleworking for a definite duration which will be reviewed according to the company’s needs.
10. Can a teleworking employee claim discrimination if the other employees performing similar duties at the normal workplace are working overtime?
You cannot have the cake and eat it!!!
