European Commission Launches First-Stage Consultation of European Social Partners

Brussels (Brussels Morning) – The European Commission consults social partners on fair telework and the right to disconnect. Telework’s rise poses challenges and benefits, prompting calls for clear work-life boundaries. Negotiations and studies inform upcoming EU actions.

The European Commission undertook the first-stage consultation of European social partners to collect their thoughts on the possible direction of EU action on securing fair telework and the right to disconnect.

What Are the Implications of Telework’s Increased Adoption?

The EU Commission states that Telework has become widespread, particularly since the COVID-19 pandemic. The EU Labor Force Survey indicates that the overall proportion of people working from home in the EU has increased in the last few years, from 11.1% in 2019 to 20% in 2022. 

Meaningful differences exist in this respect across industries, sectors and work profiles, also relying on a job’s ‘teleworkability’, i.e. to what extent it is conceivable to be carried out remotely. Evidence indicates those workers who can and do telework enjoy its benefits, notably its flexibility, with over 60% of respondents to a 2022 Eurofound survey verifying they want to work from home at least a portion of their working time.

What Challenges Does Telework Pose?

Indeed, telework brings many options to the world of work, but also some challenges. While it can permit flexible work arrangements, it also presents questions on how to ensure workers’ rights are admired in a more digitalised work environment. This includes ensuring satisfactory working conditions and health and protection at work. 

Notably, the use of digital devices for work and the possibility of working remotely can bring the risk of an ‘always-on’ work culture. This has directed calls by different stakeholders for a ‘right to disconnect’, to mark clear boundaries between one’s professional and private life.  

How Does the Commission Plan to Respond Legislatively?

As reported by the Commission, this consultation pursues the European Parliament’s 2021 resolution calling for a recommendation to address these issues. In line with President von der Leyen‘s Political Guidelines as relations resolutions adopted by the EU Parliament under Article 225 of the Treaty on the Functioning of the European Union (TFEU), the Commission is devoted to responding with a legislative bid in full respect of proportionality, subsidiarity and more useful law-making principles.

In the meantime, EU cross-industry social partners undertook negotiations to update their 2002 Framework Agreement on telework, funded by the Commission. Following their inconclusive negotiations, they requested the issue to be addressed by the Commission. This is why the Commission is now undertaking the formal consultation of the EU social partners, as per the rules and techniques for social policy legislation. The consultation will be open until 11 June 2024.

Moreover, the Commission is pursuing EU social partners’ views in line with TFEU. It supplies a two-stage consultation of European social partners for recommendations in the social policy field based on Article 153 TFEU.

What Insights Does the Commission’s Study Offer on Telework?

 In 2024, Commission Services issued a study exploring the social, economic and legal context and directions of telework and the right to disconnect, in the context of digitalisation and the destiny of work, during and in the aftermath of the COVID-19 pandemic. This analysis builds on extensive consultations with authorities in all Member States as well as workers, employers, experts and academia. The outcomes of this study will feed into the preparation of EU activity on telework and the right to disconnect, alongside the outcome of the social partners’ consultation.