Law on Feasible and Manageable Work - occasional teleworking

The Law of 5 March 2017 on Feasible and Manageable Work establishes a regulatory framework for occasional teleworking in the private sector.

Indeed, although permitted within numerous companies in this sector, occasional teleworking was not, until 1 February 2017, the subject of any regulations.

However, it should be recalled that telework carried out on a regular and non-occasional basis in the private sector has, since 1 July 2006, been regulated by the Interprofessional Collective Labour Agreement no. 85 of 9 November 2005 on Teleworking.

Occasional teleworking

Occasional teleworking is defined as a method of organising and/or carrying out work under an employment contract using information technology, in which activities, which could also be carried out in the premises of the employer, are carried out, on an occasional and non-regular basis, outside these premises, either in the worker’s home or any other location chosen by the worker.

Situations covered

Workers can ask to telework on an occasional basis in case of force majeure or for personal reasons that prevent them from carrying out their work in the employer’s premises on condition that the function/activity that they carry out is compatible with occasional teleworking.

Examples of cases of force majeure - An unexpected train strike, an unexpected car breakdown beyond the worker’s control.

Examples of personal reasons - A consultation with a doctor or dentist that would be difficult to organise outside work hours; a visit by a technician; carrying out mandatory administrative formalities that require the presence of the worker.

Request and acceptance procedure

Availing oneself of occasional teleworking requires the prior agreement of the employer.

The initiative therefore rests with the worker who must send a reasoned request, within a reasonable period of time in advance, to the employer.

Where unable to grant the request, the employer notifies the worker in writing as soon as possible outlining the reasons for the refusal.

The employer’s refusal could, therefore, be justified, among other things, for reasons relating to the business needs of the company/service (worker’s mandatory participation in a meeting/training in the employer’s premises or in a visit to a customer, etc.) inappropriate use of occasional teleworking (excessive number of requests for occasional teleworking made by the worker).

Practicalities

The agreement of both parties must also cover the practical aspects of the occasional teleworking such as the equipment required (e.g. laptop computer), technical support, accessibility of the worker while teleworking, payment by the employer of any expenses connected with teleworking, etc.

An occasional teleworker benefits from the same rights in terms of working conditions and is subject to equivalent workload/service standards as those of comparable workers employed in the premises of the employer. The worker manages his or her work within the framework of the working hours applicable in the company.

Framework provided by a collective labour agreement or by the work regulations

A collective labour agreement or the work regulations may set out the terms for occasional teleworking and also specify the functions/activities compatible with occasional teleworking as well as the procedure for requesting and granting this type of teleworking.

Source: Articles 22 to 28 of the Law of 5 March 2017 on Feasible and Manageable Work, Belgian Official Gazette, 15 March 2017.