Teleworking is not a new form of employment, however, the pandemic brought it to the fore, as it was compulsorily imposed in the public and private sector through ministerial decrees issued under the Law on Infectious Diseases. It is now widespread because it was a way out for the smooth running of businesses due to the restrictions that were also imposed, self-restraint and the need to provide facilities to employees due to the coronavirus. Out of necessity, the issue of its regulation and management of several issues arising due to the expansion of distance working also arose.
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In this context, the Secretary General of the SEC Andreas Matsas announced about two weeks ago an initiative for coordination of the social partners, with the aim of regulating telework, sending relevant letters to unions and employers' organizations. On the issue, Mr. Matsas even had a meeting last Monday with the Commissioner of Legislation, Louisa Zanettou, who, as we wrote, started on her own initiative to study and study the issue, in order to decide whether to propose legislation.
Speaking to “F”, the secretary general The SEC stated, among other things, that it is necessary to reach an agreement, since everything shows that the specific form of employment is expanding and expanding due to the situations, accelerating the need for arrangements to avoid exploitation of employees. Mr. Matsas stated that the Framework Agreement, which is already in force at European level and which was reached in 2002, could be used in this direction. The European Trade Union Confederation (ETUC), of which the TEC is a full member, played a key role in drafting the framework agreement, he said, noting that the agreement could be the starting point for resolving the issue without to exclude legislative regulations. He noted that the non-ratification of this framework agreement by the social partners in Cyprus is also due to the fact that teleworking was not widespread enough a few years ago, noting, however, that the SEC was monitoring the issue where and where it was needed. set provisions in collective agreements, such as Cyta.
Open to dialogue
The social partners as a whole recognize the need for regulation, but express different views on whether it should be enforced by law. In this context, the agreement reached at European level for some is a panacea for some just a tool for resolving the issue. Speaking to “F”, the general secretary of PEO, Pampis Kyritsis, stated that the union expressed its readiness for a dialogue on the issue, based on the specific agreement, although PEO maintains its own views. He also stated that in PEO they do not “deify” teleworking, since there are dangers for employees, but, as he noted, from the time when due to the pandemic this reality arose “there should be regulations so that teleworking is not an occasion “Another step towards deregulation of labor.”
Regarding the framework agreement, he stated that it could be used as a tool in a dialogue that will begin, but noting that it is an agreement “which we did not make, nor did we participate, without meaning that we throw it in the trash”.
The exchange of views on the issue between the social partners will be useful, said in “F” and the president of DEOK Iosif Anastasiou, noting, however, that it would be better to start the dialogue on the initiative of the Ministry of Labor, in order to have legislation on the issue. According to him, DEOK has repeatedly raised the issue in the context of the institutionalized social dialogue, due to the digital upgrade and the changes it brings.
The solution is before us
Employers' organizations, however, do not favor the possibility of legislative regulation, seeing the framework agreement as a solution. Speaking to “F”, the general manager of OEB Michalis Antoniou stated that one of the priorities of the federation at this stage is the restart of the economy, stating that the solution for the regulation of telework is simple and is the signing of the framework agreement. Countless times in the past, noted Mr. Antoniou, OEB called the trade union movement to sign the framework agreement, which answers almost all issues arising from telework, but to no avail. A solution to the issues that arise is the framework agreement of the social partners at European level, reached only last year, for the Digitization in Employment and with the participation of OEB in the team, through the director of the Department of Labor Relations and Social Policy of the Federation Lena Panagiotou, of BUSINESSEUROPE, which negotiated the agreement with the ETUC. Mr Antoniou also said that he was personally a member of the European Economic and Social Committee (EESC) working group on teleworking, which was preparing an opinion requested by the Portuguese EU Presidency.
Ο γ.δ. OEB noted, however, that any legislation on the issue will hurt, stating that the social partners can regulate the issue with each other, since the solution is there, as he said.
The need for regulations is also recognized by the CCCI, through the general secretary of the Chamber, Marios Tsiakkis. The regulation of the rights and obligations of each party, he said, is imperative, but this does not necessarily mean legislative interventions, he added. He also said that the framework agreement reached at European level could be the guiding framework for regulations that would be more effective than those enforced by law.
The 2002 Framework Agreement on teleworking
The 2002 Framework Agreement was reached by the EU Social Partners – between the ETUC and the employers' organizations UNICE (BUSINESSEUROPE today), UEAPME (SMEunited today) and CEEP – at the invitation of the European Council. It provides for a series of arrangements for issues that are currently widely discussed in the dialogue developed and adopted by the social partners of the vast majority of EU member states. It has been signed in Greece since 2006. According to the translation of this agreement, which was prepared long ago by OEB and was sent to the other partners, “the social partners consider teleworking as a means of modernizing the organization of work for business and public service, but also as a means of reconciling the professional and social life of employees , providing greater autonomy in the performance of their duties “. Some of the key points of the agreement are as follows:
• DEFINITION AND SCOPE: Teleworking is a form of organization and / or execution of work, using IT technologies, based on a contract or employment relationship, where a work that could also be performed at the employer's premises is normally performed outside these premises. . This agreement covers teleworkers. A teleworker is a person who offers teleworking, as defined in the previous paragraph.
• VOLUNTEERED CHARACTER: Teleworking is voluntary for those interested, employee and employer. Teleworking may be part of the employee's initial job description or there may be voluntary ex-post commitment. In both cases, the employer shall provide the teleworker with the appropriate written information in accordance with Directive 91/533 / EEC, including information on existing collective agreements, a description of the work to be performed, etc. The transition to teleworking alone does not affect the employment status of the teleworker, because it only changes the way the work is done. An employee's refusal to accept telework is not in itself a reason for termination of employment, nor a change in that employee's terms and conditions of employment.
• EMPLOYMENT CONDITIONS: Teleworkers enjoy the same rights, guaranteed by applicable law and collective agreements for comparable employees working on the company's premises. However, in order to take into account the specifics of teleworking, special additional collective or individual contracts may be needed.
• PRIVATE LIFE: The employer respects the private life of the teleworker. If any control system is put into operation, it must be proportionate to the objective and in accordance with Directive 90/270 on visual displays.
• EQUIPMENT: All questions regarding equipment, liability and costs are clearly identified before the start of teleworking. The employer is responsible for the provision, installation and maintenance of the necessary equipment for normal teleworking, unless the teleworker uses his own equipment. If teleworking is performed on a regular basis, the employer covers the costs directly related to this work, and especially the costs related to communication. The employer provides the teleworker with appropriate technical support. The employer is responsible, in accordance with national law and collective agreements, for the costs associated with the loss and damage of equipment and for the data used by the teleworker. The teleworker takes care of the equipment available to him / her and does not collect or distribute illegal material via the internet.
• SAFETY AND HEALTH: The employer is responsible for the protection of the safety and health of the teleworker, in accordance with Directive 89/931 and all its subsidiary Directives, national legislation and collective agreements. The employer informs the teleworker about the company's policy regarding safety and health at work and especially about visual displays. The teleworker correctly implements these security policies. In order to ensure the correct application of the safety and health provisions, the employer, the employees' representatives and / or the competent authorities have access to the telework site, within the framework of the national legislation and the collective agreements. If the teleworker works at home, prior notice and consent is required for entry.
