www.eela2017.org
The Digital Employment
Presented by
Thomas Winzer, Timon Grau, Isabelle Wildhaber,
Attilio Pavone and Sheila Fahy
––––––
Agenda
SATURDAY, 10 JUNE 2017
–––––––––
11.15 – 11.21
Brief introduction of panel participants and short introduction on digitalization of work
Thomas Winzer
–––––––––
11.21 – 11.42
Mobile work statistics and legal framework
Isabelle Wildhaber
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11.42 – 12.03
Legal framework conditions of home office and time regulations
Attilio Pavone
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12.03 – 12.24
Health & Safety Requirements on Home Office and Mobile Work
Timon Grau
–––––––––
12.24 – 12.45
Employee management from a distance
Sheila Fahy
–––––––––
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Introduction: digitalization of work
Digitalization of work
Industry 4.0:
• coordination of industrial production and modern information and communication
technology
• connectivity of man and machine
The connectivity of production and the use of modern means of communication
provide more opportunities to work anywhere at any time.
• constant access to work-related information
• control of production processes from further afield
Technical developments cause shifts in cultural values: Employees have other
expectations regarding control over their time and work-life balance
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Introduction: digitalization of work
A workplace not at any specific location
Employees work from different workplaces interlinked by
communication technology
Virtual
Workplace
Advantages:
• employees are interlinked and work together from various
locations
• reduction of costs for office space
• autonomy in deciding how work is spread over the working
day / compatibility of family and work
• savings in travel times
• companies permitting mobile working are perceived as
modern and attractive
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Introduction: digitalization of work
Mobile work
Home office
Mobile work
The employee
works at different
locations.
Home Office
Different forms
of
virtual workplaces
Desk-sharing
Teleworking from home:
The employee works from
his/her own home; no
workplace exists on
company premises.
Alternating telework
The employee alternates
between working from
home and at the firm.
Desk-sharing
Employees have no workplace of
their own but share one; as a rule,
fewer workplaces are available
than staff employed.
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Mobile work statistics and legal
framework
Presented by
Isabelle Wildhaber
––––––
Actual prevalence of mobile work
Figure 1: Mobile Work in Switzerland
47%
40%
45%
2014
30%
2016
38% of all
employees perform
mobile work
from time to time
20%
10%
14%
14%
8%
7%
7%
4%
0%
Not possible
Not allowed
4%
No technology
11%
12%
6%
Don’t want to
Rarely
Occasionally
Source: FlexWork Survey 2016, Fachschule Nordwestschweiz
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Actual prevalence of mobile work
Figure 2: Development of telework in Switzerland
1200
Anzahl (in Tausend)
1000
800
30% of all
employees perform
mobile work from
time to time
600
400
200
0
2001
Mobile Work (change of
usual place of work)
2004
2013
Occasional home office (between
once/month and 50% working hours)
2015
Regular home office (at least 50%
working hours)
Source: Report Federal Council «Telearbeit», 11/2016, p. 17
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Legal Framework in General
According to Federal Council
some legal gaps exist, but no
need for legislative action
Not everyone agrees
Without an explicit
agreement, it may
be unclear which
rules are applicable,
hard «to fill the gap»
Der Bundesrat
Rechtliche Folgen der Telearbeit
Bericht des Bundesrates
zum Postulat 12.3166 Meier-Schatz
vom 16. November 2016
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Legal Framework in General
Employee’s
right to mobile
work
Employer’s right to
instruct mobile work
•
No such right, except if otherwise
provided
•
•
With consent of employee
Unilateral instruction only in exceptional
situations and on a temporary basis
•
Often done with an implicit / formless
agreement
Specific agreement advisable!
Introduction of mobile work
•
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Legal framework conditions of home
office and time regulations
Presented by
Attilio Pavone
––––––
Specific legal framework of smart working in Italy
Early 2000s
Agreement between unions of the public sector: for
the first time ever, teleworking is allowed (under
certain specific conditions)
2003
2003
2003
2004
10th May 2017
10th May 2017
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Other important employment reforms have been
introduced in Italy to increase flexibility: e.g. Zerohour contracts («Jobs on call»)
Teleworking framework agreement between the
largest unions of the private sector
The first statutory law to address teleworking has
been approved
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Specific legal framework of smart working in Italy
What types of smart working solutions are allowed and used in Italy?
•
•
•
•
Teleworking
Zero-hour contracts
Part-time contracts
Flexible working hours
Time regulations:
•
•
•
No specific regulations for teleworking
The homeworker can choose autonomously when to perform his tasks
Whithin the limits provided by the law and collective bargaining agreements
Conclusions:
•
•
•
The Parliament has just approved the first law about smartworking (10th May 2017)
Costs savings for Companies
Improvement of working conditions and quality of work
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New Smart Working law in Italy – 10 May 2017
•
A different way to perform the contract without respecting specific timetables or place of
work, and using technological tools (both inside and outside the Company)
•
Duty to agree in writing how the employer will direct and check the employee’s
performance
•
Same rights for employees and «smartworkers»
•
The employer is responsible for health and safety
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Health & Safety Requirements on
Home Office and Mobile Work
Presented by
Timon Grau
––––––
Health & Safety Requirements on Home Office
and Mobile Work
„Classic“ workplace health & safety laws proceed from the
assumption that the employer has full control over the working
environment and working tools.
For home office / mobile work this assumption is obviously only
partly true.
•
•
•
•
•
•
Employees choose their own working environment
External influences on working environment
Working tools not selected by the employer, but by employee
Assessment of health & safety risks is more difficult
Limited (or even no) access of employer to actual workplace
„New“ risks such as psychological stress due to constant availability
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Health & Safety Requirements on Home Office
and Mobile Work
The obvious challenges for the employer do not mean that the duty
to provide for healthy and safe working conditions shifts to the
employee. However, employees may have certain „cooperation
duties“.
Some practical considerations
•
•
•
•
•
•
Information gathering and assessment of health & safety risks is key
Contractual provision to ensure employer‘s access to private
workplace
Increased need for employees to cooperate
Regular trainings and health & safety instructions
Setting of framework rules within which employees may exercise
freedom to chose working environment or equipment
Adaptation of workplace & safety policies to new forms of working
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Employee management from a
distance
Presented by
Sheila Fahy
––––––
Employee management from a distance
Supervising and measuring performance
• Clear guidelines
• How is measurement done – output/hours?
• Appraisals
Building trust
• Absence can be challenging
• Open mind required
Training
• Data protection, particularly
security
• Health and safety
• Data management
Communicating effectively
• Agreed communication channel
• Regular face-to-face meetings
C
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Employee management from a distance
Has the employee demonstrated that he/she
• can work independently?
• can manage their workload?
• can adapt working practices to maintain contacts with colleagues/line manager?
• Trial period?
• Reserve right to terminate homeworking arrangements in specified
circumstances (eg poor performance appraisals, subject to disciplinary
sanction) with notice
• Data security and confidentiality – the employee should be subject to annual
attestations/regular training
• Out of sight should not mean out of mind
• The homeworker may wish to keep a schedule of projects/work in progress
to update colleagues
• Encourage attendance at socials/offsites
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