What is teleworking?
The Belgian National Labour Council concluded a temporary collective labour agreement (CLA) regarding recommended or compulsory teleworking due to the coronavirus crisis. The CLA 149 pays extra attention to the well-being of teleworkers (Only available in Dutch and French) and is intended for companies that do not currently have agreements in place for occasional or systematic teleworking. Download the CLA 149 here (Only available in Dutch and French). Questions? Contact your administrative office for more information.
There are two types of teleworking: systematic teleworking and occasional teleworking. Systematic teleworking is work performed at a location other than the company's location. At this location, work is regularly carried out using information technology as part of an employment contract. The rights and obligations are similar to working on the company premises itself. Teleworking in the private sector is governed by CLA no. 85 of 9 November 2005 and has been amended into CLA no. 85 bis of 27 February 2008. Visit the Federal Public Service Employment, Labour and Social Dialogue website for more information. (Only available in Dutch and French)
What are the characteristics of systematic teleworking?
- It is always voluntary.
- A written agreement is made between the employer and employee. The teleworker has the same working conditions as comparable employees at the company location.
- The employer must provide, install and maintain the necessary equipment for teleworking. This also applies to the use of personal equipment.
- The employer bears the costs of communication and connections for teleworking.
- The employer must provide the teleworker with technical support.
- The prevention service can check the teleworker's workplace. The teleworker must provide their consent for this when the workplace is in their home.
Occasional teleworking is work performed at a location other than the company's location. At this location, work is carried out on an occasional rather than a regular basis by using information technology. The rights and obligations are similar to working on the company premises.
The law of 5 March 2017 on practicable and flexible work has created a regulatory framework for occasional teleworking . Visit the Federal Public Service Employment, Labour and Social Dialogue website for more information. (Information only available in Dutch and French)
What are the characteristics of occasional teleworking?
- The employee may claim this due to force majeure (e.g. working from home alert due to traffic disruption) or for personal reasons.
- Occasional teleworking can be arranged through a collective labour agreement or written contract.
- Clear agreements must be made between the employer and the employee regarding:
- The possible provision of the necessary equipment and technical support by the employer.
- Accessibility for the employee.
- Any reimbursement of the costs of occasional teleworking by the employer.
- The procedure for applying for and granting occasional teleworking;
- the jobs and/or activities that are compatible with occasional teleworking.
- The employer may refuse the request for teleworking and shall provide the employee with the reasons in writing.
- The teleworker has the same working conditions as comparable employees at the company location. Contact your administrative office for more information.