Category 3

  “Example of Best Framework Agreement”

Submission by the e-Work Action Forum of the “Code of Practice on e-Working in Ireland” which has been endorsed by the Social Partners in Ireland

Introduction

The e-Work Action Forum was established by the Mr. Noel Treacy, T.D., Minister for Science, Technology and Commerce to provide a focal point for the ongoing development of an environment which will stimulate e-working or teleworking employment opportunities and to provide an implementation mechanism for the recommendations in the Report of the National Advisory Council on Telework.  An integral and important part of the Report was a Code of Practice on Telework which the Council recommended be endorsed by the Social Partners.  The Code of Practice has been endorsed by the Government, IBEC (the employers’ representative body) and ICTU (the Congress of Trade Unions) and launched as the Code of Practice on e-working in Ireland. Representatives from the Social Partners are represented on the e-Work Action Forum and support the nomination of the Code of Practice in the Category  “Best Framework Agreement “.

Title

The Framework Agreement is called the Code of Practice on e-working in Ireland.   A copy of the Code of Practice is included with this submission.  It can also be accessed on the website of the Department of Enterprise, Trade and Employment (www.entemp.ie/e-work). 

Short Description of Activity

In 1998, a National Advisory Council on Teleworking was established by Mr. Noel Treacy, T.D., Minister for Science, Technology and Commerce.  The Council had a very diverse membership comprising industry, academia, unions, teleworker representatives, State development agencies, information and communications companies.  The Council was charged with the task of “advising the Minister on the development of Teleworking employment opportunities in Ireland and recommending attainable actions that will contribute to the realisation of these opportunities”

The Council presented its Report, “New Ways of Living and Working – Teleworking in Ireland”, in June 1999.  It contained a wide ranging set of recommendations for the development of teleworking in Ireland.  An integral and important part of the Report was a Code of Practice which the Council recommended be endorsed by the Social Partners.  The Code of Practice was subsequently endorsed by the Government, IBEC (the employers’ representative body) and ICTU (the Congress of Trade Unions) and launched on 10 May 2000 as the “Code of Practice on e-Working in Ireland”.

The Code of Practice is designed to inform those who have an interest in e-working on a wide range of issues from the inception of the idea to the implications of e-working for the self-employed, employers and employees.  The Code aims to encourage best practice in companies engaged in e-working arrangements for the benefit of employers and employees.

The Code provides pertinent information and assistance in identifying and clarifying key issues that need to be addressed in introducing an e-working policy in firms and organisations, e.g. identification of jobs suitable for e-working and e-worker identification, practical considerations such as home office, method of communications, reporting arrangements, health and safety.  The Code also provides a useful overview of the legislation affecting employees’ rights and employers’ obligations.  The position of self employed e-workers is also considered.  A sample e-Working agreement is included which can be tailored to suit individual circumstances.  It is intended that the Code be updated and reviewed on a regular basis.

Participants

The Code of Practice on e-working was developed as an integral part of the work of the National Advisory Council on teleworking.  The Working Party which developed the Code had representatives from employers’ and employees’ organisations.

Target Groups

The Code of Practice is of interest to those considering an e-work arrangement be they employers in the public or private sectors, employees, self-employed e-workers or those who may have previously been excluded from the labour market because of disability, family circumstances or location in a remote or disadvantaged area. 

Objectives

e-Working is still regarded by many companies and employees as a new form of work organisation. Consequently, there tends to be hesitation and concern about getting involved in relatively uncharted work practices. It was obvious that, if e-working was to develop further, there was a need for clear guidelines as to what is involved in an e-work arrangement. The Code of Practice identifies, and sets down practical responses to, issues that need to be considered in formulating an e-work policy for a company. A primary objective of the Code of Practice is to clarify the position of e-workers as employees and to ensure that e-workers are recognized as legitimate workers, having the same employment rights and protections as other employees.  The Code of Practice recommends that companies, in consultation with employees and union/employee representatives, where appropriate, draw up a formal written e-working policy, setting out how e-working will operate in that company.  The introduction of such a policy can be a way of avoiding potential problems and difficulties that may arise from the introduction of this new method of working.

Achievements

The National Advisory Council on Teleworking recommended that the Code of Practice be endorsed by the Government and Social Partners. Such was the importance attached to the Code that a commitment by the Social Partners to endorse the Code featured in the latest Social Partnership Agreement in Ireland. The Social Partners lost no time in endorsing the Code of Practice, which was launched on 10 May, 2000.

In endorsing the Code on behalf of the Government, the Minister for Science, Technology and Commerce, Mr. Noel Treacy, T.D., stated that the Code “will be of great assistance in identifying and clarifying key issues that need to be addressed in introducing an e-working policy in firms and organisations.  If the potential of e-work is to be exploited fully, it is vital that clear guidelines are established which inspire confidence in both parties”.

Mr. John Dunne, on behalf of the Irish Business and Employers Confederation (IBEC), stated that “It (IBEC) is delighted to endorse the e-work Code of Practice which aims to encourage best practice in Irish companies to the benefit of employers and employees”. 

Mr Peter Cassells, General Secretary, Irish Congress of Trade Unions stated that “Congress welcomes and endorses this Code of Practice on e-working as an important strategy both to develop and safeguard the position of workers”.

Detailed Description of Activities

Part One of the Code of Practice on e-working  provides detailed information on the formulation of an e-work policy for a company.

The Code of Practice is designed to inform those who have an interest in e-working on a wide range of issues from the inception of the idea to the implications of e-working for the self employed, employers and employees. As indicated above, the Code aims to encourage best practice in companies engaged in e-working arrangements for the benefit of employers and employees.

The Code advises that, when introducing e-working into a company, employers should draw up a written policy which specifies how the e-working arrangements will operate in that company.  This should be done in consultation with employees and union/employee representatives, where appropriate. The drafting of such a document can help avoid potential problems or difficulties that may arise with the introduction of e-working in an organization.  A sample e-working agreement setting out some key areas that should be agreed upon before embarking on an e-work arrangement is included in the Code of Practice. This agreement can be varied by negotiation to take account of individual circumstances or working arrangements. Where the introduction of e-working gives rise to any changes in normal work practices or an employee’s terms and conditions, these should be agreed between the parties at the outset. It is possible to use the sample agreement as a stand-alone document but the Code of Practice recommends that “ it is most effective in conjunction with an agreed and detailed company policy on e-working”.

Appropriate issues for inclusion in such a policy are highlighted.

Issues addressed by the Code of Practice include:

¨      Hours of work

(Office based days/hours, home based days/hours, details on core hours (where applicable), flexible hours; recording of working time, overtime arrangements, etc.)

¨      Communications structures

(core contact times,  team meetings, feedback, mentoring, etc.)

¨      Reporting in procedures:

¨      Home Office arrangements

            - Technical requirements

            - Provision of Equipment/furniture

            - Maintenance/Prevention of mis-use

            - Personal use of equipment

            - Health and Safety

            - Insurance

¨      Training

(induction, technology training, self-management skills, remote management skills - where appropriate)

¨      Security/confidentiality arrangements

¨      Terms and conditions

(application of company policies to terms of employment where they may differ as a result of e-working arrangements).

¨      Suspension/termination of e-working

¨      Monitoring and review process

Self-employed e-workers

The Code of Practice highlights a range of issues which self-employed e-workers need to address, from the necessity to have a clear written agreement with a customer to help avoid disputes, unnecessary work stress and non-payment of bills, to the need to make practical provision for a pension and adequate insurance. The need to consider mechanisms to avoid overwork and alleviate social isolation is dealt with also.

Employment Legislation and Employees Rights Protection

In Part 2 of the Code of Practice a short overview of the minimum legal entitlements for employees under Irish employment legislation is provided.  The legislation considered is as follows:

                     Terms of Employment (Information Act), 1994

                     Payment of Wages Act, 1991

                     Employment Equality Act, 1998

                     Data Protection Act, 1988

                     Organisation of Working Time Act, 1997

                     Minimum Notice and Terms of Employment Acts, 1973 to 1991

                     Unfair Dismissal Acts, 1977 to 1993

                     Maternity Protection Act, 1994

                     Parental Leave Act, 1998

                     Redundancy Payments Acts, 1967 to 1991

                     Health Safety and Welfare at Work Act, 1989

The Code of Practice emphasises that an employee engaged in e-working has the same employment rights and is protected by employment legislation in the same way as all other employees.  However, as indicated above, under some e-working arrangements clarification may be needed on how certain workplace agreements or the terms and conditions of a company’s policies apply in an e-working situation. For example, the parties may need to address, having regard to workplace agreements and hours of work legislation, the core hours, if any, that must be worked or what days must be worked from the office rather than through e-working. Clarification may also be required on how certain pay and benefits, e.g. bonus and piecework systems or expenses, may apply.

Applicability of Code of Practice

The Code of Practice aims to encourage best practice in companies engaged in e-working arrangements. It provides a framework to assist and guide organisations in formulating an e-working policy. It details the areas that need to be addressed in drawing up an e-work policy and stresses the importance of consultation with employees and union/employee representatives, where appropriate. One of the great benefits of the Code of Practice is its   universal applicability to all organisations in Ireland engaged in or considering an e-work arrangement.  Paying attention to the Code’s provisions is a positive way of avoiding potential problems and difficulties that might result from the introduction of e-work arrangements.  

The Code of Practices addresses most of the issues in relation to telework practices highlighted in the European Commission document Partnership for a new organisation of work as requiring attention by the public authorities and social partners. Therefore, the Code of Practice, particularly Part One, would be relevant and of interest to public authorities, organisations and employees in other countries involved in, or considering, e-work arrangements.

Conclusion

The Code of Practice on e-Working has been endorsed by the Social Partners as a major contribution to the facilitation of the introduction of effective e-work arrangements in companies and organisations. Adherence to the Code’s provisions will result in the introduction of e-work arrangements that will benefit both employers and employees. By encouraging best practice, the Code will assist in ensuring that the potential benefits of e-working are spread as widely as possible. 

The Code of Practice is being disseminated widely by the Social Partners.