S.L. 452.104 Art. 3Written agreement. S.L. 452.83

(1) Telework may be required as a condition of employment in an employment contract or, where there is no specific reference to teleworking in the employment contract, by agreement, in the course of the employment relationship.

(2) In the case where telework is required as a condition of employment in an employment contract, the conditions of employment relating to telework laid down in the contract of employment shall not be less favourable than those laid down in this Order.

(3) In the case where there is no specific reference to teleworking in the employment contract and telework is undertaken in the course of the employment relationship:

(a) if the employer makes an offer of telework, the employee is free to accept or refuse this offer: Provided that such refusal shall not constitute a good and sufficient cause for terminating employment, nor shall it lead to a change in the conditions of employment of the employee concerned;

(b) if an employee expresses the wish to opt for telework, the employer may accept or refuse such request;

(c) the passage to telework does not affect the employee’s employment status nor his right to revert back to his previous post or, in the event that this is not possible, to another similar post; and

(d) where both parties agree to a telework arrangement, each party shall have the right to terminate that telework agreement and the employee shall revert to his pre-telework post:

(i) in the first two months of the telework arrangement, by giving three days’ notice in writing to the other party, and

(ii) after the first two months, by giving two weeks’ notice in writing, unless a different period is agreed in the written agreement on telework: Provided that if the decision to terminate the agreement on telework is taken by the employee, that decision shall not constitute a good and sufficient cause for terminating employment, nor shall it lead to a change in the conditions of employment of the employee concerned.

(4) In the case of telework arrangements which are in existence on the date of entry into force of this Order:

(a) subarticle (2) shall apply to those contracts of employment in existence on the date of the entry into force of these regulations whereby telework is required as a condition of employment in an employment contract; and

(b) subarticle (3) shall apply to telework agreements which have been entered into in the course of an employment relationship where there is no reference to teleworking in the employment contract.

(5) An agreement for the performance of telework shall, whether required as a condition of employment in an employment contract, or whether it is as an agreement where telework is undertaken in the course of the employment relationship and there is no reference to teleworking in the employment contract -

(a) be in writing, and

(b) contain written information as is required by the Information to Employees Regulations, and written information which is particular to telework, including:

(i) the location where telework is to be carried out,

(ii) provisions related to the equipment used for telework including its ownership, maintenance, liability and costs,

(iii) the amount of working time to be spent at the place of telework and at the workplace,

(iv) the schedule by which the employee will perform telework, where applicable,

(v) the description of the work to be performed,

(vi) the department of the undertaking to which the teleworker is attached, the teleworker’s immediate superior or other persons to whom the teleworker can report and reporting arrangements,

(vii) provisions related to monitoring, if any,

(viii) notice of termination of telework agreement, and

(ix) in cases where telework is undertaken in the course of the employment relationship and there is no reference to teleworking in the employment contract, a reference to the right of reversibility by either party, including the right of the teleworker to return to his pre-telework post.