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UNI GLOBAL UNION: KEY PRINCIPLES FOR ENSURING WORKERS’ WHEN WORKING REMOTELY Introduction

there remain obvious gaps in rules and regulations at all levels. These need to be addressed before remote Remote is defined as workers per- work becomes more widespread and permanent. forming part or all of their work during their agreed working hours at a location Even before the crisis, the demand for remote work (chosen by the worker) outside of the from both employees and employers was growing. normal worksite/office and using primarily For some employees, remote work offers increased information and communication technolo- flexibility, improved work/life balance, saved be- gies provided by the employer. cause of the lack of a commute, as well as other ben- efits. The mass uptake of remote work during Covid has reduced some stigma associated with this type of working arrangement and the related negative impact on future work prospects and career developments. Since early 2020, the rapid spread of the Covid-19 virus and subsequent lockdowns has sped up the The Covid-19 crisis, however, has also shown risks remote working trend, with an estimated 30-45% linked to remote work. These include increased isola- of employed workers (depending on the country) tion and mental health issues, lower levels of innova- working from home or from another remote location tion and creativity, intensified workloads, longer work- during this period. While it is unlikely that these levels ing hours and digital connection, and a blurring of of remote work during Covid will continue post-pan- professional and private life. There can also be health demic, many workers will remain outside of a fixed and safety issues, the need for appropriate com- worksite, with longer-term demands for remote work pensation, strains on the relationship, likely to grow. worker surveillance, and notably, greater hurdles for trade unions to organize, negotiate collective agree- Choosing to work remotely under ‘normal’ circum- ments, and communicate in an increasingly virtual stances is not the same as during the Covid-19 crisis. and digital format. Many workers have assumed additional child-care and educational duties; could not prepare their The threat of Covid-19-imposed mandatory remote home-office environment in time; and have faced work is real. Many employers are already limiting its the additional psychological and physical burdens of voluntary aspects, and many are using it as an excuse lockdown, confinement, and isolation. And we should to cut jobs and pay. The large-scale restructuring of be careful not to equate the two. However, it is worth via ‘digital off-shoring’ is also a growing reflecting on this mass remote working experience, issue. We must not lose sight of the fact that em- both the opportunities and threats it has posed, and ployers stand to gain significantly from increasing the role for trade unions in negotiating the best re- remote work arrangements for their workers, in some mote working conditions and rights for workers going cases saving 10,000 EUR / 11,000 US Dollars a year . per employee in utilities, rent, industrial cleaning, etc. Remote workers need the opportunity to negotiate UNI Global Union, with support of UNI Finance, UNI collectively through their trade unions to ensure that ICTS, and UNI P&M, has developed key principles they also benefit from these savings. to support UNI affiliates when negotiating on remote work—during the Covid pandemic and beyond. The Investment in reliable and affordable public telecoms aim is to guarantee that these working arrangements and digital infrastructure is crucial to avoid a growing reconcile workers’ requests for more flexibility while digital divide. We must also remember the potential safeguarding labour and trade union rights and pro- negative impact on the community at large of moving tections. Remote work can mean significant changes from a more physical workplace to a remote one, to the terms and conditions of employment and re- such as the loss of customers for small commerce, mote working rules should be a mandatory subject of restaurants and bars, the impact of branch clo- KEY TRADE UNION PRINCIPLES FOR WORKERS’ ENSURING RIGHTS WHEN WORKING REMOTELY . While several collective agree- sures on local customers, or the employment effects ments and national jurisdictions around the world on related services like cleaning or security when have already introduced some of these principles, offices are closed. UNI GLOBAL UNION: UNI GLOBAL 2 Employers must ensure and collective bargaining for remote working workers

Remote work should not be used to diminish or obstruct workers’ rights to form or join a trade union, nor should it be used to weaken social dialogue and collective bargaining or impinge trade union rights, activities and organizing.

To ensure that remote workers can exercise fully their rights to freedom of association, employers must provide them with clear rules, including a statement confirming that they have the right, without employer opposition, to join a trade union, and participate in union activity. This communication should be easily accessible, including through electronic means. To allow for fair representation and ensure that trade unions and employee representatives can contact and organize remote workers just as they would those in a physical workplace, employers should provide them with full access to the remote workforce, includ- ing names, job titles, and contact information as well as the percentage of the total workforce that works remotely.

All tools put to the disposal of unions and employee representatives must also be available in a remote work context (e.g., access to electronic communi- cation and virtual bulletin boards) and the employer should provide opportunities for communication and engagement between trade unions, workers, and their representatives, including secure digital meeting spaces similar to break room and cafeteria access in physical workplaces, without employer presence or oversight.

Employers should refrain from blocking access to digital spaces used by trade unions and employee representatives, such as petitions, surveys, web- sites, or emails. Companies should not exclude remote workers from the determination of bargaining thresholds and should have the means to take part in and voting regarding . KEY TRADE UNION PRINCIPLES FOR WORKERS’ ENSURING RIGHTS WHEN WORKING REMOTELY UNI GLOBAL UNION: UNI GLOBAL 3 tions, includingduringtions, crisis situations when remote to ensure that remote workers are protec givenequal theirhealthinsurancereview andsickleave policies introducing remote working rulesshould particularly ing inmore informal andonlinesettings. Employers to keep intouchcolleagues with eachother, includ seminars andcommunication for tools andnetworks as required, such assupport regular onlinewellbeing andinawider staffsetting, individually and offeringto relationship with the remote working workers, both Employers should to also maintaining commit a for this period. andthe workerational is risk; entitled to their the oper bears the employer the work; deliver agreed to forceof majeure onthe worker’s impacting ability for the sufficient allocationevent of work andin the remains The employer or longerhours. responsible and should therefore notleadto increased workloads an alternative—notwork addition—to office-based workers andthe understanding that remote work is to ensure trust remote of andnoundue surveillance A change inworkplace culture may needed also be ment over another. ish workers for preferring work of onekind arrange must Employers should fought. notreward be orpun formsfavour contracting of increasingly of atypical abandoningtraditionalof relations employment in attemptployer to introduce remote work as ameans independent contracting arrangements. Any em more precarious forms such as temporary, or agency ment status underlong-term labourcontracts to Remote work to should used shift notbe employ working remotely from abroad. maintained. This should the also case be for workers must be remotely andallexisting rights andbenefits as amended aresult working of significantly not be Theircontract must employment of balance (C177). treatment, non-discriminationequal and work/life toprovided allother workers, pay, includingequal bargained rights andconditions collectively same contracts—working remotely must remain under the orfixed-term onshort those Employees—including work may need to be extended ormade obligatory.work may to extended be need

employment rights and relationships with remote working remote workerswith Employers should maintain maintain should Employers

------contracting arrangements. contracting temporary, orindependent agency such as forms precarious more to long-term labour contracts to shift under status employment used shouldbe not work Remote 4 UNI GLOBAL UNION: KEY TRADE UNION PRINCIPLES FOR ENSURING WORKERS’ RIGHTS WHEN WORKING REMOTELY tools. inthe implementationparticipate such anduse of should granted be the right to transparency andto Workers agreement. union collective andtrade unions regulated through national law orlocal and/or atrade firmly should restricted be unless proceedings, workers, store theirdata, indisciplinary anduse these tools to monitor remoteThe surveillance use of email sent. and chat message every keystroke, andanalysing cam, tracking every through few minutes theirweb eachworkerof every software, such as ascreenshot taking and/or aphoto invasive andextremely (including geo-localization) an increase inthe worker use tools of surveillance the Covid-19 crisis has with often coupled been The massivetions. uptake remote of work during data rights), working andundermine rela positive create controls, invade excessive (including canalso for monitoringtechnologies andsurveillance constantly evolving can facilitate work processes, have onworkers. awide range While impacts they of Information can andcommunication technologies

The use surveillance of tools tomonitor

remote workers should be restricted be should workers remote

- - surveillance tools... surveillance worker intheuseof increase an with coupled has often been crisis duringtheCovid-19 work remote of uptake The massive 5 UNI GLOBAL UNION: KEY TRADE UNION PRINCIPLES FOR ENSURING WORKERS’ RIGHTS WHEN WORKING REMOTELY terms employment. andconditions of there inpay, should noreduction be leave orother should maintain relationship the employment and instead to worker chooses remotely, the employer If there is notransferchoose. the work option orif transfer to another workplace location, should they workersclosed, offered shouldthe option be first to the When restructuring workplaces are process. inplace to workers protect put move as through they should triggered. be measures In allcases, should be and any existing mechanisms legal onrestructuring gotiate the restructuring terms with the trade union, the employer should ne off-shoringdigital of jobs, restructuring, permanent worksite closure and/or the In major remoteworking of cases conditions. work workplaces inanattempt to orundermine save costs as used anexcusenot be to employers close by Providing more remote should work opportunities work inapattern that for them. best works remote to to work choose with office-based wish.and when so they Workers should able also be for workers to fulltime at the to workplace revert if should voluntary, it be remotely; with the possibility Equally, there should any obligation notbe to work labour market. allow morecan even women to remain inthe active remote of work arrangementsibility andthat these that women, inparticular, value the additional flex justifiable case Studies against have it. also shown from remote canmake the work employer a unless no onewishing to work remotely should excluded be company may suited be to remote working. However, or sector work of andnotevery and for alltypes Remote working may suitable notbe for allworkers

Remote work should be voluntary be should work Remote

- - - conditions. working orundermine save costs inanattempt to workplaces close to employers by as anexcuse used shouldbe not opportunities work remote more Providing 6 UNI GLOBAL UNION: KEY TRADE UNION PRINCIPLES FOR ENSURING WORKERS’ RIGHTS WHEN WORKING REMOTELY rhythms thatrhythms are optimal for them. with andinaccordance to manage their time flexibly linked to canalso be remoteoutput workers’ ability are notthe thing same andimproved productivity inthe workplace. success Presencefor individual and oras anindicator aseither aproxy for productivity tools presence inplace andinstead onoffice rely measure Many donothave work. employers the right tools new andrethinkingthe of how development to This working may . require scheduled between hoursorto rest reduce periods to used extend not be workers remote with designated hours, work should should penalized.For notbe whothose disconnect and working of hours, outside remain connected Workers should rewarded notbe to for choosing sions when invoke they their right to disconnect. and to workers protect from any negative repercus managementsenior contact, to minimize out-of-hours approach with commitmentrequires from acollective eachworker of but onthe part responsibility dividual this right to respect is notanin The duty exist. these for with ruleswhere fullrespect lives, andprofessional their personal and balance between ensures canmaintain that aseparation employees This right aright from by work. panied to disconnect to work remotely mustFlexibility always accom be includingonnight shiftscable, where applicable. the andcontractual legal respecting framework appli andthe right to disconnect, work, maximum hoursof Remote workers to are entitled limits to rest periods, Employers should respect regular working working regular respect should Employers hours andhours the right todisconnect - - - - should provide fair systems for measuring, approving, on. to Employers keep theirphoneordevice pected allowance orstandby an on-call for any worker ex inthe workplace. This performed should include inthemannercompensated work the same as extra if Workers should be rules, who to are subject within what timeframe the worker must available. be what by means and Employers should specify or not. should the for all,whether same be working remotely change (e.g. crisis Performance period). criteria with circumstances the worker if andmodifiable inagreement should determined be from the outset, realistic duties of timeframe for the performance Aclearand calls andonlinechats. video as endless such requirements ones, ence digital replaced by Remote workers should nothave pres physical and compensating overtime hours. and compensating overtime

- - 7 UNI GLOBAL UNION: KEY TRADE UNION PRINCIPLES FOR ENSURING WORKERS’ RIGHTS WHEN WORKING REMOTELY Employers should remain responsible for for responsible shouldremain Employers the health and safety of workers of the health and safety use of equipment. equipment. use of as well as training policy with regardand safety to the provide relevant information health onthe company’s risk and assessments necessary should undertake to the protect remotethe worker responsibility and home is also theirworkplace. has The employer for remote workers (and whose women inparticular) exposure to which increase could domestic violence, (C190). The latter the is case notably as concerns workplaces andviolence-free ergonomics, ronments, andliability, work envi sickleave, quality pational health andsafety, includingcomprehensive for occu responsibility collective to the employer’s and other forms work of organization when comes it Thereremotebetween should nodifference work be the disruptive, case of crisis scenarios. ensure that remote working workers are protected in theirhealthinsurancereview to andsickday policies Employers shouldprior also andconsent. notification to the workplace to access should subject be home, Where remote inthe worker’s work is performed representatives and/orty the labour inspectorate. employer, trade union,andworker health &safe measures the by should, verified as be necessary, The adequate implementation healthandsafety of monitor, this. andresolve to prevent, mustthe employer inplace policies put andharassment, and violence technology-enabled of may andharassment, it violence leadto ahigherrisk While remote work forms may face-to-face of reduce to work-related more exposed selves cyberbullying. may them they find communication technologies, With many remote workers using information and and formal andinformal with co-workers. socializing contact for regular direct provide the opportunity ings isolation of for remote workers, should employers To risks related to potential psycho-social feel reduce

- - - - - 8 UNI GLOBAL UNION: KEY TRADE UNION PRINCIPLES FOR ENSURING WORKERS’ RIGHTS WHEN WORKING REMOTELY remote working workers are well-understood. forehand that so the the of rights andresponsibilities be clarified be etc.—should breaches, confidentiality issuesrelated hacking, as to onsecurity data loss, zation the remote of workplace anddigital as well All related details—including onthe general organi with associated remote work. tax benefits any national about inform allowances employees or Employers should also andothers. phone service, insurance, mobile electricity,for workspace, internet, to notlimited rent includingbut theirduties, perform to cable law—for necessary costs andindirect direct remote work—withperforming to the appli respect Employers should compensatescreens. employees appropriate and chairs, for instance, cluding, desks, in for regular remote work, equipment necessary maintain,Employers should provide, andreplace Work equipment and remote workspace workspace andremote Work equipment

costs should be the employer’s the shouldbe costs

responsibility - - - - including, for instance, appropriate appropriate forinstance, including, work, remote forregular necessary equipment andreplace maintain, should provide, Employers desks, chairs, andscreens. chairs, desks, 9 UNI GLOBAL UNION: KEY TRADE UNION PRINCIPLES FOR ENSURING WORKERS’ RIGHTS WHEN WORKING REMOTELY Remote work should be ‘gender neutral’ and open to all

The option to work remotely must be available with- out discrimination and be considered as an equally valuable form of work. Gendered stereotypes that re- mote work requests come mainly from women should be fought or this could create a stigma and long-term negative impact, notably as regards career develop- ment, income and pay/ gaps.

Negotiating remote working agreements must also be part of a wider debate on evolving workplace culture, social norms, and expectations. While it is important to note that increasing access to remote work can encourage more women to better balance work with unpaid personal responsibilities and thus remain active in the labour market, ‘gender-neutral’ remote work will only be possible if accompanied by a cultural shift towards an equal sharing of care and household duties, as well as access to good and affordable (public) care services. The rise in cases of domestic violence during the Covid crisis also highlights a greater exposure risk to women when working remotely from their home.

The rise in cases of domestic violence during the Covid crisis also highlights a greater exposure risk to women when working KEY TRADE UNION PRINCIPLES FOR WORKERS’ ENSURING RIGHTS WHEN WORKING REMOTELY remotely from their home. UNI GLOBAL UNION: UNI GLOBAL 10 Remote workers should have equal access to training and career development

Remote workers should receive the same information Employers must also ensure that remote workers and have equal access to employer-funded training are ‘visible’ within the company and provide them and re-/up-skilling, guidance and career opportu- with opportunities for regular face-to-face meetings nities. Employers should not offer training outside for career development and mentorship to promote of working hours, and when a remote worker must their growth and advancement. This is particularly report to the office, for example, for a necessary important for female remote workers who continue meeting, managers should give adequate notice. to bear the greater load of home and responsi- Remote workers should receive equal treatment in bilities and have less time and opportunity to engage performance reviews, career development opportu- in career enhancing activities outside of their work nities, and consideration for promotion to that of their schedules. The potential increased isolation of pro- traditional workplace-based counterparts. longed remote work can also impinge on the creation and building of workplace networks and breaking Employers must take active measures to promote the glass ceiling, which could particularly impact the equal access to digital training, including for new career development of women and minority groups. tools, technologies, and cyber security. Remote work models will increase the need for these skills, and trade unions must work with employers to develop inclusive training pathways, especially regarding diversity and gender. It should also require specific training to help supervisors manage teams remotely. KEY TRADE UNION PRINCIPLES FOR WORKERS’ ENSURING RIGHTS WHEN WORKING REMOTELY UNI GLOBAL UNION: UNI GLOBAL 11 Prior to introducing or extending remote remote extending or introducing to Prior work rules, trade unions and employers and employers unions trade rules, work should complete impact studies and and studies impact should complete produce thorough documentation thorough produce

work, including on physical and mental health risks, andmental includingonphysical health risks, work, related assessment to the remotehealth andsafety remote working information, andshould a complete should provide allworkers with clearanddetailed The employer, with agreement from the trade unions, and documented. clarified should assessed, also be and circumstances, roles within theirspecific andexpectations, needs as practices any well. existing good Remote workers’ all remote working rulesandregulations, highlighting documentation andproduce theirimpact of assess trade unions should andemployers thoroughly remote introducing work Before orextending rules, for privacy anddatafor privacy protection. measures asmal well level), inplace necessary as put remain intouch with eachother (also at amore infor and theirduties to andworkspace perform services remote workers will have adequate infrastructure, studies to ensure feasibility should conduct they that agree alist minimum requirements/conditions, of and representativesemployee and should also develop where The employer, applicable. trade unions and consultation, andexchanges at the transnational level monitoring, andevaluation—including information, mitigation, the assessments, of involved inallaspects Trade representatives unions andemployee should be updating plans. a risk mitigation plan, andregular monitoring and - 12

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