The recent rejection by the employers of a proposed cross-sectoral social partner agreement on telework and the right to disconnect has sparked debates on not just the direction the EU should take in safeguarding about the interests of its workers, but also the ability of European social dialogue to deliver such rights across all sectors of the economy.
However, amidst the uncertainty, a flicker of hope emerges: the adoption of the EU social partners' agreement on digitalisation in central government administrations. The agreement is a milestone that deserves attention for its potential to shape the future of work in a crucial sector that employs near 9 million people.
Rather than one size fits for all, the digitalisation agreement takes a different approach. The agreement recognises the nuanced requirements of government – a sector where teleworking may have stronger implications on the protection of citizens’ sensitive data as well as on the protection of employees, whose numbers and skills are seriously eroded.
Central government, employing a substantial number of women and playing a key role in promoting gender equality, has faced challenges since the 2008 financial crisis. Labour shortages and reliance on expensive consultants have become common, especially as the sector adapts to new practices such as teleworking, which emerged during lockdowns. This shift necessitates entirely new managerial practices which are no longer based on office presence and complex layers of hierarchy, but rather on trust and cooperation across all departments and grades, where everyone is valued.
The digitalisation agreement emphasises a strong public sector ethos based upon upskilling (of both employees and management) to adapt to an evolving work organisation. It acknowledges the impact of digitalisation on the daily lives of workers who can feel cut off, not in control and fearful of the future of their jobs. It addresses these issues by reaffirming trade union rights to consultation and negotiation, and the importance of a good, accessible public administration for all citizens. The agreement establishes a framework based on fair treatment, protection, and support for those navigating the digital landscape within central government administrations.
Telework is framed as voluntary, reversible and accessible to all based on job tasks rather than the job or the occupation itself. This provision aligns with the principles of flexibility and choice, allowing government employees to decide whether remote work is suitable for their individual circumstances. By safeguarding the voluntary nature of telework, the agreement ensures that workers retain agency over their working condition - a fundamental aspect of a fair and inclusive employment framework. It underlines that working conditions should be the same whether in or outside the office.
Furthermore, the agreement provides for the right to disconnect to be negotiated at national level with the trade unions. As technology blurs the lines between work and personal life, the importance of establishing clear boundaries becomes paramount. The agreement recognises this challenge and seeks to protect employees from the negative effects of constant connectivity and excessive working time. It establishes the right to disconnect, providing central government workers with the much-needed physical and mental respite from the demands of the digital realm. The agreement recognises the need for continuous learning during working time paid for by the employers and for investment in the public workforce to stop relying on private companies.
The pandemic has shown that compulsory telework has led to an increase in domestic violence and decreased the chances to seek outside help. When work offers a safe place for many victims of abusive relationships, telework poses new challenges. The agreement may not provide concrete measures such as exceptional leave, reduced working time, new job location in this area but at least it recognises telework as an occupational health and safety hazard, consequences of which can be mitigated by social partners.
Despite submitting their digitalisation agreement for legal assessment over a year ago, social partners in the central government sector are still awaiting a decision from the Commission. Beyond its immediate impact, this agreement sets a precedent for the role of sectoral social dialogue in addressing digitalisation challenges across various sectors.
While the rejection of the cross-sector telework rights agreement raises strong concerns on the future of cross-sectoral social dialogue, the EU social partners' agreement on digitalisation in central government administrations offers a beacon of hope for workers and to those who still believe that EU social partners have a role to play in EU policymaking. As we navigate the complexities of the modern work landscape, the adoption of sectoral social partner agreements becomes imperative in ensuring that the benefits of digitalisation are shared equitably among all workers - starting with central government administrations across the European Union.
Jan Willem Goudriaan, EPSU General Secretary
