Further input for the decision on unavailability and teleworking.

Between July and early October, the European Commission took the next steps in the discussion towards introducing the right to disconnect and fair telework. In this period, the European Social Partners were invited to respond to the second-stage consultation. The European Trade Union Confederation (ETUC), the Union of Industrial and Employers' Confederations of Europe (BusinessEurope), SGI Europe and the European Confederation of Independent Trade Unions (CESI) are among those who have published their positions.

Focus of the second round

While the first consultation asked whether EU action was needed, this second round focused strongly on how EU-level action could be framed. The Commission asked social partners to assess the political, social, economic and legal implications of different types of intervention – ranging from a binding directive to a Council recommendation, or a voluntary framework.

Diverging views from social partners

Already during the first consultation round (April–June 2024), employers' and workers' organisations expressed strongly differing views. This divergence remains clear in the second-round submissions.

BusinessEurope continues to argue that current EU legislation already provides sufficient safeguards, particularly the Working Time Directive. Further legislation, they warn, risks reducing flexibility and could discourage companies from offering telework altogether. In their view, telework should remain voluntary, adaptable and organised at company level, allowing businesses to accommodate sector-specific realities. SGI Europe shares a similar view and calls on the European Commission to focus on non-legislative measures.

For the trade unions, the issue is not the creation of a new right to disconnect, but rather its implementation and reinforcement through binding EU legislation. Additional demands include employer responsibility for telework-related costs and stronger occupational safety rules to address digital and psychosocial risks.

CESI’s contribution aligns largely with ETUC’s, particularly regarding enforceability stressing also that social partners must retain autonomy to adapt implementation at sectoral and company level. This is essential to ensure that solutions reflect industry-specific requirements and existing workplace cultures.

Quality Jobs Roadmap will provide clarity

The next milestone is the publication of the roadmap for quality jobs on December 3, in which the European Commission is expected to outline its strategic course for improving the quality of work in the EU. It remains to be seen whether the roadmap will prioritise enforcing the right to disconnect, propose changes to the legal framework for occupational health and safety, or focus more on voluntary measures. What is clear, however, is that the debate on digitalisation, work-life balance, and fair teleworking will remain high on the EU agenda in the coming months.