WORKING PAPER title of report here Industrial relations Right to disconnect in the 27 EU Member States Telework and ICT-based mobile work: Flexible working in the digital age Right to disconnect in the 27 EU Member States Author: Oscar Vargas-Llave, Tina Weber and Matteo Avogaro Research Manager/s: Oscar Vargas-Llave Eurofound reference number: WPEF20019 Related report/s: Regulations to address work–life balance in digital flexible working arrangements © European Foundation for the Improvement of Living and Working Conditions (Eurofound), 2020 Reproduction is authorised provided the source is acknowledged. For any use or reproduction of photos or other material that is not under the Eurofound copyright, permission must be sought directly from the copyright holders. Any queries on copyright must be addressed in writing to: [email protected] Research carried out prior to the UK’s withdrawal from the European Union on 31 January 2020, and published subsequently, may include data relating to the 28 EU Member States. Following this date, research only takes into account the 27 EU Member States (EU28 minus the UK), unless specified otherwise. This report presents the results of research conducted prior to the outbreak of COVID-19 in Europe in February 2020. For this reason, the results do not take account of the outbreak. The European Foundation for the Improvement of Living and Working Conditions (Eurofound) is a tripartite European Union Agency established in 1975. Its role is to provide knowledge in the area of social, employment and work-related policies according to Regulation (EU) 2019/127. European Foundation for the Improvement of Living and Working Conditions Telephone: (+353 1) 204 31 00 Email: [email protected] Web: www.eurofound.europa.eu Right to disconnect in the 27 EU Member States Contents Introduction ................................................................................................................................ 1 1 – ICT-based flexible work and the ‘Right to Disconnect’ .............................................................. 3 2 – The existing EU legislative framework related to challenges in ICT-based flexible work ............ 8 EU Working Time Directive and remote work implications ............................................................................... 8 Other EU directives with relevance for ICT-based flexible work ...................................................................... 10 European social partner Framework Agreements: Telework and Digitalisation ............................................. 11 3 – National legal framework on telework and ICT-based flexible work ....................................... 15 Binding nature of regulation and coverage...................................................................................................... 15 Link between the legislation on ICT-based flexible work and work-life balance ............................................. 16 4 – Current debates and proposals for regulating the R2D ........................................................... 18 Overview .......................................................................................................................................................... 18 Main reasons for regulating a R2D ................................................................................................................... 19 Countries without a debate ............................................................................................................................. 24 Countries with legislative proposals regarding the R2D .................................................................................. 35 Countries with legislation on the R2D .............................................................................................................. 37 5 – The ‘Right to Disconnect’ in France, Belgium, Italy and Spain: legislation, implementation, operationalisation and impact .................................................................................................... 41 Legislation ........................................................................................................................................................ 41 The implementation of the R2D ....................................................................................................................... 44 Operationalisation of the R2D ......................................................................................................................... 46 Impact and effectiveness of the R2D ............................................................................................................... 52 Social partners and governments views .......................................................................................................... 53 6 – The Right to disconnect in the context of the Surge of Telework during Covid-19 crisis ........... 56 Changes in telework policies during Covid-19 ................................................................................................. 56 Renewed impetus to R2D in the group of 4: France, Belgium, Italy and Spain................................................ 58 Countries with previous debates have revitalised the discussion with guidelines and incipient social dialogue .................................................................................................. 59 Lack of debate and consideration of R2D in most Central and Eastern European Member States and Denmark, even in times of Coronavirus ........................................................................................................... 60 Conclusions ............................................................................................................................... 62 Abbreviations and definitions .................................................................................................... 65 References ................................................................................................................................. 69 Right to disconnect in the 27 EU Member States Introduction Over the last decade advances in Information and Communication Technologies (ICTs) have significantly changed the world of work, making it possible to work anytime anywhere in many sectors and occupations. This is occurring in the context of a growing knowledge-based and service economy where ICTs are key tools for work. These trends contribute to a shift towards more flexible working time patterns. Countries that have a high share of workers on flexible schedules also have a relatively high number of workers undertaking ICT-based flexible work (including home-based telework). Working life is experiencing a shift from regular, ‘office-based’ working-time patterns to more flexible models of work, which contribute to a blurring of boundaries between work and private life. The shift towards ICT-based flexible work in the form of telework has been particularly significant during the COVID-19 pandemic. A Eurofound survey carried out in April 2020 found that 37% of workers had started to work from home because of the health implications of the crisis. ICT-based flexible work has many advantages. The flexibility it provides offers opportunities for improving work-life balance and can contribute to increased productivity. Moreover, it has environmental benefits resulting from reduced commuting and it is essential to ensure business continuity. However, ICT-based flexible work also poses a number of challenges, linked to the increased fading of clear-cut distinctions between working and non-working time, as well as between private and professional physical spaces. The blurring of boundaries and constant connectivity facilitated by ICTs, can lead to long working hours involving working beyond contractual time and insufficient rest periods. Such trends are more likely to arise within a culture of work accepting or promoting such practices. When such patterns become regular practice they might have a negative impact on work-life balance, as well as physical and psychological well-being. It is because of these challenges that a debate has arisen around the need for a ‘right to disconnect’ (R2D). The R2D, which is yet to be formally conceptualised, can be described as the right for workers to switch off their technological devices after work without facing consequences for not replying to e- mails, phone calls or text messages. However, the concept can have different meanings. It can be considered as the ability of the worker to refrain from working outside normal or agreed working hours through digital tools (the ‘right to disconnect’). It can also be understood and implemented as an obligation for the employer to ensure that employees do not work during rest periods and leave time (the ‘right to be disconnected’). This report intends to contribute to the debate on the need to address the issue of R2D in the context of the increasing number of employees in ICT-based flexible work. To this end, it explores the situation regarding the R2D in the 27 Member States of the European Union and provides an understanding of the differences between the countries that have developed R2D legislation and those of countries which have not included this right in their regulatory frameworks. After showing evidence of the increase of ICT-based flexible work (including home-based telework) and explaining the advantages and challenges of this work arrangement