Telework National Standard Order, 2008

L.N. 312 of 2008

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Telework National Standard Order, 2008

IN exercise of the powers conferred by article 4 of the Employment

and Industrial Relations Act, the Minister for Social Policy has made

the following Order-

The title of this Order is the Telework National Standard Order,

2008. (1) In this Order, unless the context otherwise requires –

“telework” means a form of organising and, or performing

work, using information technology, in the context of an

employment contract or relationship, where work, which could also

be performed at the employer’s premises, is carried out away from

those premises on a regular basis<

“teleworker” means any employee carrying out telework<

“the Act’” means the Employment and Industrial Relations

Act.

(2) Subject to the provisions of sub-article (1) of this article,

terms and expressions used in this national standard order shall, unless

the context otherwise requires, have the meaning assigned to them in

the Act.

(1) Telework may be required as a condition of employment

in an employment contract or, where there is no specific reference to

teleworking in the employment contract, by agreement, in the course of

the employment relationship.

(2) In the case where telework is required as a condition of

employment in an employment contract, the conditions of employment

relating to telework laid down in the contract of employment shall not

be less favourable than those laid down in this Order.

(3) In the case where there is no specific reference to

teleworking in the employment contract and telework is undertaken in

the course of the employment relationship>–

(a) if the employer makes an offer of telework, the employee

is free to accept or refuse this offer>

Provided that such refusal shall not constitute a good and

sufficient cause for terminating employment, nor shall it lead to a

change in the conditions of employment of the employee

concerned<

(b) if an employee expresses the wish to opt for telework,

the employer may accept or refuse such request<

(c) the passage to telework does not affect the employee’s

employment status nor his right to revert back to his previous post

or, in the event that this is not possible, to another similar post<

and

(d) where both parties agree to a telework arrangement, each

party shall have the right to terminate that telework agreement and

the employee shall revert to his pre-telework post>

(i) in the first two months of the telework arrangement,

by giving three days’ notice in writing to the other party, and

(ii) after the first 2 months, by giving two weeks’ notice

in writing, unless a different period is agreed in the written

agreement on telework>

Provided that if the decision to terminate the agreement

on telework is taken by the employee, that decision shall not

constitute a good and sufficient cause for terminating

employment, nor shall it lead to a change in the conditions of

employment of the employee concerned.

(4) In the case of telework arrangements which are in

existence on the date of entry into force of this Order>–

(a) sub-article (2) hereof shall apply to those contracts of

employment in existence on the date of the entry into force of

these regulations whereby telework is required as a condition of

employment in an employment contract< and

(b) sub-article (3) hereof shall apply to telework agreements

which have been entered into in the course of an employment

relationship where there is no reference to teleworking in the

employment contract.

(5) An agreement for the performance of telework shall,

whether required as a condition of employment in an employment

contract, or whether it is as an agreement where telework is undertaken

in the course of the employment relationship and there is no reference

to teleworking in the employment contract,

(a)

be in writing, and

(b) contain written information as is required by the

Information to Employees Regulations, 2002 and written

information which is particular to telework, including>

(i) the location where telework is to be carried out,

(ii) provisions related to the equipment used for

telework including its ownership, maintenance, liability and

costs,

(iii) the amount of working time to be spent at the place

of telework and at the workplace,

(iv) the schedule by which the employee will perform

telework, where applicable,

(v) the description of the work to be performed,

(vi) the department of the undertaking to which the

teleworker is attached, the teleworker’s immediate superior

or other persons to whom the teleworker can report and

reporting arrangements,

(vii) provisions related to monitoring, if any<

(viii) notice of termination of telework agreement< and

(ix) in cases where telework is undertaken in the course

of the employment relationship and there is no reference to

teleworking in the employment contract, a reference to the

right of reversibility by either party, including the right of the

teleworker to return to his pre-telework post.

(1) Whenever there is a telework agreement, whether

required as a condition of employment in an employment contract or,

where there is no specific reference to teleworking in the employment

contract, when this is entered into by agreement in the course of the

employment relationship, teleworkers shall>

(a) enjoy or continue to enjoy the same rights laid down in

the Act, in the regulations issued thereunder, in an applicable

individual agreement or in any applicable collective agreement as

comparable employees at the employer’s premises< and

(b) have the same rights of access and rights to participate

in training and career development programmes provided by or

on behalf of the employer in the same manner as comparable

employees at the employer’s premises and be subject to the same

appraisal policies as comparable employees.

(1) The employer shall respect the privacy of the teleworker. Privacy .

(2) The employer may only put in place any kind of

monitoring system if>

(a) this is agreed to by both the employer and the teleworker

in the written agreement on telework as provided in article 3 (6)

hereof< and

(b) such monitoring system is proportionate to the objective

and is introduced in accordance with Council Directive 90#270 on

the minimum safety and health requirements for work with display

screen equipment.

(1) Unless otherwise agreed upon by the employer and the Equipment and

teleworker in the written agreement on telework, the employer is communication

costs.

responsible for providing, installing and maintaining the equipment

necessary for the performance of telework and for providing the

teleworker with an appropriate technical support facility.

(2) It shall be the duty of the teleworker to take good care

of the equipment and data provided by the employer and he shall not

collect or distribute illegal material via the internet.

(3) Costs for loss, damage to and misuse of equipment and

data used by the teleworker shall be borne by the employer or by the

teleworker in accordance with the provisions of the Civil Code.

(4) The employer shall compensate or cover the costs

relating to communication directly caused by telework.

(1) Without prejudice to what may be laid down in the written Organisation of

work.

agreement on telework, the teleworker shall be responsible for the

management of his working time.

(2) The workload and performance standards of the

teleworker shall be equivalent to those of the comparable employees

working at the employer’s premises.

(3) The employer shall take the measures necessary to

prevent the teleworker from being isolated from the rest of the workforce,

such as giving the teleworker the opportunity to meet with colleagues

and to have access to information related to his work.

(1) The employer shall take the appropriate measures,

particularly with regard to software, to ensure the protection of data

used and processed by the teleworker in the carrying out of his duties.

(2) The employer must inform the teleworker of the

provisions of the Data Protection Act and of the measures taken pursuant

to sub-article (1) hereof, including any restrictions on the use of 1T

equipment, internet or other IT tools and any sanction in case of non-

compliance.

(3) The teleworker shall abide by the provisions of the Data

Protection Act and by the measures taken by the employer in terms of

this regulation.

(1) The teleworker has the same collective rights as

comparable employees at the employer’s premises.

(2) The teleworker has the right to participate in, and to

stand for elections to bodies representing employees.

(3) The teleworker is to be included in the calculations for

determining thresholds for the purposes of worker representation, for

the purposes of information and consultation rights in terms of article

38 of the Act, the Transfer of Business (Protection of Employment)

Regulations, 2002 and of the Employee (Information and Consultation)

Regulations, 2006 and for the purpose of determining a collective

redundancy in terms of article 37 of the Act and the Collective

Redundancies (Protection of Employment) Regulations, 2002.