‘No midnight emails’: MPs debate teleworking rules for public sector

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A bill regulating teleworking in the public sector will include safeguards, with consultation planned between the Council of Ministers and trade unions on specific matters, parliament’s Finance Committee heard yesterday.

The aim is to address reservations amongst those affected by the proposed legislation.

During yesterday’s discussion in the House Finance Committee, a PASYDY representative expressed concern that the Council of Ministers would determine the number of teleworking days without prior consultation with trade unions.

Unions express concerns over ministerial powers

The PASYDY representative said that in the broader public sector, the number of teleworking days is determined after consultation with trade unions.

On behalf of the Department of Public Service and Personnel, it was noted that the original bill had included a provision setting teleworking days at 100, but this was ultimately removed.

Commenting on PASYDY’s reservations, the Department representative assured that there would be consultation with trade unions before the Council of Ministers determines the number of teleworking days. In semi-governmental organisations, there is no specific number of teleworking days, as a hybrid model will be applied in the public sector.

Maternity and paternity leave concerns raised

During the discussion, the issue was raised of why the Finance Ministry would not count days when employees are on maternity, paternity and parental leave, meaning these specific employees would be able to work fewer days using the teleworking method. DISY argued this constitutes discrimination and unequal treatment amongst employees.

Responding, the Department representative said that if an employee is absent from work for a long period, teleworking time should be readjusted to avoid creating planning problems in the service.

She assured they would re-examine the issue to avoid creating distortions. She explained that teleworking is not a right but a new work institution. Regarding the issue of potential unequal treatment of employees, she said they would examine it with the Legal Service.

Right to disconnect provisions under consideration

ISOTITA emphasised the need to include a provision for employees’ right to disconnect from telework. It said the law should explicitly state that adverse discrimination against employees for disconnecting their computer would be prohibited.

The Department said teleworking does not change employees’ working conditions, noting that the right to disconnect need not be regulated as working hours are determined by law.

An ISOTITA representative argued that some supervisors currently send work material to employees at midnight. According to the Department, the teleworking manual includes a provision stating that employees should not respond to supervisors’ messages during the night.

“If supervisors send emails in the evening, they should schedule them to be received by employees in the morning when they are teleworking,” the Department said.

Consultation promised on exemptions

The Finance Ministry assured there would be consultation with employees before the Council of Ministers could exempt specific categories of staff from the teleworking institution.

Finally, the ministry will correct the provision according to which a public sector employee, regardless of their status, can begin using teleworking one year after their appointment.

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