European Framework Agreement Research Articles

Organization of remote work: Ukrainian legislation and standards of the European Union

The article explores remote work in Ukraine and its alignment with European Union (EU) standards. It analyses the Ukrainian Labour Code and the 2002 EU Framework Agreement on Telework. It is emphasized reveals both similarities and differences between the two documents. Both emphasize the voluntary nature of telework, ensuring equal rights and protections for remote workers as those on-site. They prioritize health, safety, privacy, and confidentiality, mandating employers to provide necessary equipment and maintain safe working conditions. The author emphasizes the importance of distinguishing between the concepts of “remote work” and “home-based work”. It is established that the term “remote work” differs from “telework” in its international understanding and encompasses a broader scope than home-based work. However, a comparison between the definitions of telework provided in the European Framework Agreement on Telework of 2002 and remote work as outlined in the Ukrainian Labour Code concludes their synonymity. Other differences have also been scrutinized in the article: Ukraine allows employees combine remote work with office work (hybrid work), while the EU doesn’t address this yet. Ukraine also guarantees the right to disconnect, allowing remote workers to switch off after work. The EU is working on updates to cover these areas and create a more consistent approach across member States: This might include the right to disconnect, equal treatment for remote workers, and clearer rules for hybrid work. It was concluded that both regions need further development: Ukraine needs to address remote work abroad and data security, while the EU needs to modernize its framework.

International legal regulation of remote work as one of the forms of non-standard employment

The article is devoted to the study of telework as one of the forms of non-standard employment. In particular, given the prevalence of remote work as a method of physical distancing to prevent coronavirus infection in the workplace, remote work was considered in the light of international and European standards. It is concluded that the development of national legislation on telework should take into account the provisions of the ILO Conventions “On Home Work” from 1996 № 177, “On Decent Work of Domestic Workers” from 2011 № 189, ILO Recom-mendations “On Home Work” from 1996 4. 184. At the same time, it is important not only to ratify the relevant international legal instruments, but also to adequately reflect in labor law their most important provisions, taking into account the relevant recommendations. It is primarily a matter of ensuring equal labor rights for remote workers compared to traditional workers, as well as protecting them from discrimination. They must be given the opportu-nity to unite in order to protect their interests in trade unions and other organizations, and the right to participate in collective bargaining must be guaranteed. It is proposed to develop an adequate mechanism for monitoring compli-ance with labor legislation during the use of telework.A proposal has been made at the legislative level to implement the provisions of the European Framework Agree-ment on Teleworking, taking into account the peculiarities of the national legal system. In particular, implement the main provisions of the Agreement, which would provide: (1) decent working conditions for remote workers at the expense of the employer (separate room for work, telephone, payment of additional costs); (2) social and legal guarantees of work (leave, clear definition of working hours, advanced training, etc.); (3) compliance with occupa-tional safety requirements (legal liability of the employer for any accident or damage); (4) legislative regulation of the rules, obligations and conditions of concluding a contract with employees of the remote form of employment.

The European Framework Agreement on Digitalisation: a tough coexistence within the EU mosaic of actions

Digital transformation of work is an unstoppable phenomenon, and a “multifaceted topic”. Platform and remote work and data manipulation are only aspects of the whole picture, creating new challenges for public stakeholders. The more the world of work changes, the more industrial relations are stimulated to cope with it. With this aim, European social partners have responded to the impact of digitalization on the labour market, with the adoption of the “European framework agreement on digitalization” (EFAD). Although the EFAD is fully in line with the European involvement in granting rights to workers involved in the digital transformation of the labour market, many questions are still on the table. There are many concerns about the integration of the EFAD within the mosaic of actions at EU level with regards to the digitalisation and automation at the workplace. A difficult integration that raises doubts about the effective implementation of the EFAD at national level and even about the role and the maneuvering space granted to European Social Partners in this field.

Legal Issues of Teleworking

Teleworking is a specific type of work where the employee works outside their usual place of work. A characteristic of this activity is the reduction of the need to commute to their employer's workplace and the performance of work during fixed working hours. The following prerequisites are important for real telework: a computer. The worker is in a different place than the employer or the customer. Communication takes place at a distance via telecommunication networks. Instead of a fixed time regime, teleworking allows the employee to individually optimize the performance of their work according to their own needs in terms of time and place (the workplace is most often home). We use the method of identification, analysis, comparison and synthesis of various legal regulations for teleworking all around the world. In teleworking, the powers of the employer and its employees are not equal. That is why it is necessary to create national laws that will better protect the rights of teleworkers. Keywords: teleworking; home office; homeworking; European Framework Agreement on Telework; telecommunication networks

Sull’Accordo quadro europeo in tema di digitalizzazione del lavoro

The Author reflects on the European Framework Agreement on the digitalisation of work. The Agreement identifies a win-win strategy that involves the company, the workers and their representatives, developing around four thematic areas: vocational training, the right to disconnect, artificial intelligence and the effects of technological control on the worker.While there is an appreciable attempt to manage the digital transition in a responsible manner, the low visibility given to gender issues and other crucial topics weaken the Agreement.The analysis is carried out by comparing the Framework Agreement with the Etuc action plan for the period 2019-2023, with the guidelines of the European Institutions, anche with the best concerted practices, in the domestic systems, within the collective bargaining.

On the Duty to Implement European Framework Agreements: Lessons to be Learned from the Hairdressers Case

Abstract In this article, the authors assess the decision of the European Commission, in March 2018, not to implement a European Framework agreement concluded at sectoral level (the Hairdressers Agreement), despite a joint request to do so from the signatory parties. They argue that the decision was not consistent with the criteria relied on by the Commission to make it. In particular, the Commission’s refusal was contrary to the formal obligation enshrined in Article 155(2) Treaty on the Functioning of the European Union (TFEU) to table a proposal to turn an Agreement of this kind into a Directive. Their analysis is based on, among other things, the duty to respect the autonomy of the social partners in Article 152 TFEU, and the recognition of the right to collective bargaining in Article 28 CFREU.

An integrated approach to the assessment of work-related stress risk: Comparison of findings from two tools in an Italian methodology

IntroductionIn the past few years much progress has been made in European Union in recognizing the importance of the work-related stress risk, and in adopting specific measures to assess such type of risk. In Italy, the legislative framework on occupational health and safety confirmed the obligation to assess the risk for work-related stress, according to the European Framework Agreement. Material and methodsThe Italian Workers’ Compensation Authority developed a methodology for the assessment of work related-stress risk as an integrated management risk approach comprising two main assessment tools: a checklist for measuring objective and observational risk indicators and a validated questionnaire to collect employees’ perceptions. This study aimed to explore the convergence degree among the results of the two assessment tools in a sample of 137 companies. ResultsBy applying the univariate ANOVA the mean values of the questionnaire were compared to the levels of risk obtained in the preliminary assessment. The analyses highlighted that when the risk is higher in the preliminary assessment, there is an increase in the perceptions of the risk factors. In line with Cohen’s methodological guidelines findings revealed moderate values. Finally, the analysis of discrepancies shows a good concordance level among the results of the two assessment phases. ConclusionsThe study highlighted the effectiveness and reliability of the INAIL’s methodology. Such process enables companies to use two complementary tools for a more complete definition of the risk factors, in order to develop interventions.

Organizational Interventions as a Strategy to Prevent Work Related Stress among Mental Health Workers

Background: The wellbeing of mental health workers (MHWs) is a priority for Departments of Mental Health in order to ensure a better protection of MHWs and a better health service. However, to date, several factors affecting the healthcare sector in Italy such as organizational changes involving working time and intensity, type of employment contract, psychosocial factors at work, health and safety policies within the organization, appear to interfere with the workers' wellness. Methods: The authors carried out an integrated analysis of stress sentinel indicators and of objective stress factors of occupational context and content, among two General Hospital Psychiatric Units (GHPUs) and four Community Mental Health Centres (CMHCs), following the European Framework Agreement on Work-Related Stress of 8 October 2004, incorporated in Italy into Legislative Decree 81/08. Results: All the GHPUs and the CMHCs investigated through the objective approach to w.r.s. assessment reported a medium level of w.r.s., among both psychiatrists than nurses. Following the evaluation were identified the priority organizational interventions focused on work context issues; these interventions showed effectives to minimize the sources of w.r.s. among the GHPUs and the CMHCs. Conclusion: The results of this study suggest that organizational interventions focused on improvement of work context issues may contribute to an effective reduction of WRS among nurses and psychiatrists employed in GHPUs and CMHCs. A special effort is required by the head psychiatrists and the head nurses of GHPUs and CMHCs to implement effective policies about the management of WRS.

Home Work, Telework and the Regulation of Working Time: A Tale of (Partially) Similar Regulatory Needs, in Spite of Historically Rooted Conceptual Divergence

In this paper, the author argues that, at the conceptual level and as opposed to ‘traditional’ home workers, teleworkers can be subsumed under the (continental) concept of employee. To this end, the author illustrates how the adoption of the notion of subordination as a definitional element of the contract of employment gave rise to an incongruence between the concept of employee and the notion of home worker, an incongruence that is far from apparent with regard to teleworkers, who may be subjected to the ubiquitous control of their employer by means of information and communication technology (ICT). According to the author, this conceptual divergence does not dispense with the need, at a regulatory level, to take into account the particularities of some or all forms of telework, in spite of the principle of equal treatment enshrined in Article 4 of the European Framework Agreement on Telework. This point is illustrated with respect to the regulation of working time in Belgium and France.

European cooperation in polar research

A new European Polar Framework agreement aims to increase research cooperation, streamline links between many European national research programs in the Arctic and Antarctic, and possibly create international research teams similar to the Integrated Ocean Drilling Program. The new framework includes commitments to collaborate on new multinational research initiatives and to have national polar programs converge where appropriate.

A More ‘Autonomous’ European Social Dialogue: The Implementation of the Framework Agreement on Telework

This paper examines the implementation of the first ‘autonomous’ agreement signed by the European social partners. The European Framework Agreement on Telework of July 2002 was to be implemented ‘in accordance with the procedures and practices specific to management and labour and the Member States’, using the first implementation route of Article 139 (2) of the EC Treaty. The paper describes and examines the measures taken in the 27 Member States of the European Union as well as Iceland and Norway. The final conclusion of this study is that in implementing the European Framework Agreement on Telework, most social partners and Member States have followed, as intended, methods conforming to their industrial relations traditions. There were very few surprises, though some interesting examples of renewal of the social dialogue process itself were noted.

Teletrabajo en España: acuerdo marco y Administración Pública

This article discusses the evolution of telework in European countries and in Spain in recent years in terms of the extent to which it has been implemented and which sectors and activities have been most affected. It also presents the state of the art of the regulation of telework in the context of the EU since the European Framework Agreement on Telework in 2002 and informs about the strategies that social actors and the Administration have adopted to mitigate the lack of of regulation of the practices associated with telework.

Changing Work Relationships in Industrialized Economies

1. Preface 2. Introduction and Overview (by Zeytinoglu, Isik Urla) 3. 1. Changing Work Relationships: Enacting Gender, Race / Ethnicity and Economic Class (by Zeytinoglu, Isik Urla) 4. Part I: Changing Work Relationships in The United States and Canada 5. 2. Flexible Work Arrangements: An Overview of Developments in The United States (by Nollen, Stanley) 6. 3. Flexible Work Arrangements: An Overview of Developments in Canada (by Zeytinoglu, Isik Urla) 7. 4. Part-Time Employment and the Worker (by Gallagher, Daniel G.) 8. 5. Telework and Teleworkers (by Templer, Andrew) 9. Part II: Changing Work Relationships in THe European Union 10. 6. Changing work relationships in the European Union (by Delsen, Lei) 11. 7. European Employment Policies' Potential impact on Female Workers (by Meulders, Daniele) 12. 8. Regulating the distanced Work force: Self Employment in the United Kingdom (by Druker, Jan) 13. Part III: Changing Work Relationships in Australia 14. 9. Changing work relationships in Australia (by Quinlan, Michael) 15. Part IV: Views of the Stakeholders 16. 10. A Union Perspective on Emerging Trends in the wokplace (by Hinton, Louisette) 17. 11. Between strategic Choice and Adaptation: The Role of UNICE in the European Social Dialogue (by Stroby Jensen, Carsten) 18. 12. Atypical forms of Work in the European Union Experiences at the Establishment Level (by Bielenski, Harald) 19. 13. International Policymaking: The ILO Standards on Changing Work Relationships (by Zeytinoglu, Isik Urla) 20. Appendix: European framework Agreement on Part-Time Work 21. Biographical Sketches of the Contributors 22. Index

The European Framework Agreement on Fixed-term Work: A North-American View

The European Framework Agreement on Fixed-term Work: A North-American View

The European Framework Agreement on Fixed-term Work: An Australian Perspective

The European Framework Agreement on Fixed-term Work: An Australian Perspective

European Framework Agreement on Part-time Work

European Framework Agreement on Part-time Work