The European Trade Union Confederation (ETUC), the Union of Industrial and Employers' Confederations of Europe (UNICE) / the European Association of Craft, Small and Medium-Sized Enterprises (UNICE/UEAPME) and the European Centre of Enterprises with Public Participation (CEEP) signed a framework agreement on telework on 16 July 2002 in order to give more security to employed teleworkers in the European Union. This agreement is particularly important as it is the first European agreement established by the social partners themselves.

The aim was to develop a general framework at European level for the working conditions of teleworkers and to reconcile the common needs of employers and employees for flexibility and security. The agreement gave teleworkers the same overall protection as workers working on company premises.

The agreement defines telework as a way of organisation and/or performance of work using information technology, within the framework of an employment contract or employment relationship, in which work, which could also have been performed on the employer's premises, is usually performed off the employer's premises.

A number of key areas were highlighted in the agreement where specificities of telework need to be considered:

• The temporary nature of telework:it is voluntary for the worker and the employer. It may be part of the worker´s initial description or it might be possible to accept it voluntarily afterwards.
• Conditions of employment: teleworkers have the same rights as others. These are guaranteed by applicable legislation and collective agreements. Specific agreements may be necessary to take into account the specificities of telework.
• Data protection: it is up to the employer to adopt the necessary measures to ensure the protection of data used and processed by the teleworker for professional purposes. The employer will inform the worker of any restriction in what comes to the use of the equipment and of the penalties for non-compliance.
• Privacy: the employer must respect the teleworker's privacy. If there is a means of surveillance, it must be in accordance with Directive 90/270/EEC on display screens.
• Equipment for the activity: the employer should generally provide, install and maintain the equipment necessary for regular telework, unless the teleworker uses his or her own equipment.
• Health and safety: the employer is responsible for the occupational health and safety of the teleworker in accordance with Directive 89/391/EEC and relevant individual directives, national laws and collective agreements. In order to verify the correct application of the applicable health and safety provisions, the employer, workers' representatives and/or the competent authorities will have access to the telework site, within the limits set by national laws and collective agreements.
• Work organisation: it is up to the teleworker to manage the organisation of his/her working time. The teleworker's workload and performance criteria are equivalent to those of similar workers working on the employer's premises
• The training of teleworkers: teleworkers have the same access to training and career opportunities as similar workers on the employer's premises, and are subject to the same appraisal policies as other workers.
• Collective rights of teleworkers: Teleworkers have the same collective rights as workers on the employer's premises. Communication with workers' representatives should not be hindered.

Context

This agreement contributed directly to the strategy defined at the Lisbon European Council and the move to a knowledge-based economy and society, in line with the objectives set in Lisbon.

In July 1997, the European Commission adopted a set of policy recommendations on the social and labour market dimension of the information society. These recommendations included a commitment to promote telework in Europe and to explore telework within the Commission.

In 1998, the Directorate General for Employment, Social Affairs and Equal Opportunities and the Directorate General for the Information Society launched a pilot project. The project comprised three forms of part-time telework: telework alternating between the normal office and a home office; mobile telework during official missions; and ad hoc work in another Commission building.