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Teleworking is one of the measures introduced in companies to combat Covid-19.
In order to provide a framework for this type of telework and to ensure its smooth running, the National Labour Council concluded Collective Labour Agreement (CLA) No. 149 on 26 January 2021.
This agreement is concluded for a fixed term, from 26 January 2021 to 31 December 2021.
CLA No. 149 applies to teleworking made mandatory or recommended by the public authorities as part of the measures to combat the spread of Covid-19 (= 'Covid-19' telework).
CLA No. 149 applies to companies that have not developed a teleworking scheme by 1 January 2021:
These companies are now required to conclude 'Covid-19' telework agreements for each teleworker.
Important note! If telework agreements have been concluded within companies before 1 January 2021, in accordance with the social dialogue rules, these agreements remain applicable.
Where ‘Covid-19’ telework agreements are to be concluded, these must cover:
In this context, the more global framework of all costs or compensation paid by the employer to the teleworker during the Covid-19 health crisis will have to be taken into account.
Companies will also ensure that, as far as possible, they have agreements on the following points:
Companies obliged to draw up Covid-19 telework agreements must observe the usual procedures for consultation, among others, with the employees (or their representatives).
The agreements thus concluded will be the subject of:
CLA No. 149 describes certain rules to perform 'Covid-19' telework. These can be summarised as follows:
In case of 'Covid-19' telework, the teleworker must:
In case of 'Covid-19' telework, the employer must:
In case of 'Covid-19' telework, the teleworker manages his work within the framework of the working hours applicable in the company.
In the absence of specific work schedules arrangements agreed between the parties, the teleworker follows, in principle, the work schedules he should have followed in the company.
The availability and unavailability of the teleworker (= times during which he must be reachable or not) during the working hours applicable in the company will be agreed between the parties as far as possible.
The employer may monitor the results and/or performance of the work carried out in the context of 'Covid-19' telework, provided that the monitoring is carried out in particular in an appropriate, proportionate manner and in compliance with the GDPR.
He must inform the teleworker about this.
Do you need help or wish to obtain a model for ‘Covid-19’ telework? Then you can contact our Legal Partners via legal@partena.be.
Source: Collective Labour Agreement No. 149 of 26 January 2021 concerning recommended or mandatory telework due to the coronacrisis, www.cnt-nar.be.
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