Draft bill opens the way for telework in public sector

In order to promote a better work–life balance, the government has presented a draft bill paving the way for telework in the public sector. Under the government’s proposal, civil servants will be able to decide whether to work from home for up to 40% of their weekly working time or to work all the time in the office.

Background

One of the objectives of the Declaration for Social Dialogue in Public Administration, signed on 21 September 2004 by the government and three main trade unions representing public sector workers, was to improve working conditions and the level of professional qualifications of civil servants in order to increase the quality of public services. The three signatory trade unions included the Trade Union Confederation of Workers’ Commissions (Confederación Sindical de Comisiones Obreras, CC.OO), the General Workers’ Confederation (Unión General de Trabajadores, UGT) and the Independent Trade Union Confederation of Public Servants (Central Sindical Independiente y de Funcionarios, CSI-CSIF). As a result of this commitment, the Concilia Plan (ES0602104F), first approved by an agreement of the Council of Ministers of 4 March 2005 and signed that December, includes a series of measures aimed at improving the work–life balance of employees in the public sector.

During the last quarter of 2005 and the first quarter of 2006, the central services of the Ministry of Public Administration (Ministerio de Administraciones Públicas, MAP) carried out a pilot project on telework among public employees. The participants and evaluators of this project consider the results to be positive. They state that, during the period of the project, productivity levels were maintained or increased in all of the respective positions of workers taking part in the study. These results led the ministry to extend the possibility of teleworking to other departments, and subsequently to regulate this form of work organisation.

The draft bill regulating telework in public administration incorporates recommendations of the European framework agreement on telework (107Kb PDF) adopted in 2002 by the European Trade Union Confederation (ETUC), the employers’ confederation BusinessEurope (then known as UNICE), the European Association of Craft, Small and Medium-Sized Enterprises (UEAPME), and the European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP) (press release (80Kb PDF); IP/06/1351 (73Kb PDF)). These recommendations have also been incorporated in the annual multi-industry collective bargaining agreements signed by the social partners since 2003.

Regulation of telework

According to Article 1 of the government’s draft bill, the main aim of the legislation is to improve work-life balance among civil servants. Workers may choose to do this type of work voluntarily, subject to authorisation by the appropriate bodies.

The bill establishes that a maximum of 40% of the weekly working time can be used to work under the telework system. Teleworkers will earn the same wage as other workers in the same job.

The introduction and development of telework within each ministerial department or public body will be specified in the telework programmes that will be set up annually by the respective departments or public bodies, in consultation with the trade unions. These programmes must incorporate specific aspects relating to work, including objectives, jobs that may be done under this system, types of working time, conditions and procedures for selecting teleworkers, evaluation of applications and assessment of the work carried out.

Commentary

The social partners support the draft bill regulating telework in public administration but reject the fact that they were not consulted during its preparation.

The Economic and Social Council of Spain (Consejo Económico y Social, CES) has recently given its opinion on the draft bill (in Spanish). It supports the legislation but also considers that the social partners should have been consulted prior to its publication.

Emma Cervino, CIREM Foundation