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Internationales Arbeitsrecht

Luxembourg: Telework in the European banking sector

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The European social partners in the banking sector adopted a Joint Declaration on telework on 17 November 2017, which is due to be followed soon by a Declaration on the social impact of digitisation in the banking sector. This Joint Declaration on telework is not a legally-binding document. It does however contain extensive information and useful precisions on the establishment of telework, practical application conditions for this kind of organisation, and the resulting rights and obligations for employers and employees.

In particular, it includes the following recommendations:

  • Availability of the employee when teleworking

The teleworker must be available during predetermined periods agreed with the employer, but must not be regarded as being available round the clock. The contract or addendum establishing telework must, among other things, and as well as the hours that the employee must be available, stipulate situations in which the latter cannot comply with these hours, and so inform the employer of this, in good time and with good reason.

  • Training for teleworking employees

Teleworkers must enjoy the same rights as office-based employees in terms of access to training and career development. However, the specific way in which telework is organised means it is reasonable to have at least two kinds of training: the “usual” training in terms of professional development in line with the employee’s career and skills; specific training on useful ways of organising remote working. The latter should focus in particular on not losing social contact and the connection with the organisation and colleagues, but also on data security and cyber security, an area which is even more sensitive in the banking sector.

First published by our Ius Laboris partner firm Castegnaro in Luxembourg.

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