Social partners share their views.

During the initial round of consultations, the European social partners were invited to submit their views regarding the challenges and options facing teleworking as well as the right to disconnect to the European Commission by 11 June 2024. They were also asked to assess whether the EU should take action here and implement specific measures or not. 

The European Trade Union Confederation (ETUC), the European Confederation of Public Enterprises (SGIEU), the Union of Industrial and Employers' Confederations of Europe (Business Europe) and the European Confederation of Independent Trade Unions (CESI) have all published their positions regarding the initial round of consultations. It became clear that, as with the unsuccessful negotiations to update their framework teleworking agreement back in 2002, their views differed here as well.

Whereas Business Europe criticised the fact that the European Commission's consultation document focused more on the disadvantages and risks to employees, the ETUC believed that the challenges and options have largely been identified correctly. Missing components such as teleworkers having access to trade unions and employee representatives (ETUC) or the positive effects that teleworking has on the environment (CESI and SGIEU) should also be included. SGIEU also pointed out that the challenges and options should also be viewed from the various teleworking contexts, as they can differ from sector to sector. What is a challenge for one sector could well be an option for another and vice versa.

EU level measures

The feedback was similarly mixed with regard to the question of whether EU measures are needed or not. The employer representatives recognised the need for a new directive that regulates both teleworking and the right to disconnect. However, they warned against over-regulation. In fact, attention should be paid to complementarity with existing legal regulations. In this context, Business Europe referred to the current Working Time Directive and SGIEU also referred to the EU's existing autonomous framework agreements. Issues relating to costs and equipment arising from teleworking should not be regulated at EU level. The ETUC also emphasised the importance of existing concepts. However, the EC should not first introduce a right to disconnect, but rather better enforce the existing right.

Objective of the second round

The consultation process enables the European social partners to have a direct influence on how new legislative initiatives will be developed. In the next phase, the EC will summarise the results of this initial round in a second consultation document and it will also be sent to the European social partners. This consultation document will also address the possible scope and content of the planned legislative proposal.