Common use of CONSIDERING THAT Clause in Contracts

CONSIDERING THAT. The overall goal is to achieve a consensual transition by a successful integration of digital technologies at the workplace and by reaping the opportunities as well as preventing and minimising the risks for both workers and employers and to ensure the best possible outcome for both employers and workers; Multiple topics play a role or should be taken into account. A broad multidisciplinary approach is suggested, which captures the relevant workplace elements; Most of these topics are interlinked and should not be dealt with in isolation; There is a need for tailoring the approach to the size of enterprise and to deal with different situations or circumstances whereas some features are the same for all enterprises independently of their size; A shared commitment by employers, workers and their representatives for an agreed and jointly managed process is important for success. An agreed and jointly managed dynamic circular process is a suitable way for implementation of the agreement, whilst respecting the roles/responsibilities of different actors including workers’ representatives. The presence or introduction of digital technologies or tools has an impact on several topics that are often interrelated. These topics are shown in the diagram: • Work content – skills • Working conditions (employment terms and conditions, work-life balance) • Working conditions (work environment, health and safety) • Work organisation In the different steps of the process, all these topics have to be discussed and taken into account. In relation to the topics referred to above the following issues should also be discussed and taken into account as part of the process: • Digital skills and securing employment • Modalities of connecting and disconnecting • Artificial Intelligence (AI) and guaranteeing the human in control principle • Respect of human dignity and surveillance Digital technologies or tools can also be used/introduced to improve on those topics (e.g. by better work organisation, communication, more learning possibilities, improved work relations, better work-life- balance, gender equality).

CONSIDERING THAT. The overall goal is to achieve a consensual transition by a successful integration of digital technologies at the workplace and by reaping the opportunities as well as preventing and minimising the risks for both workers and employers and to ensure the best possible outcome for both employers and workers; Multiple topics play a role or should be taken into account. A broad multidisciplinary approach is suggested, which captures the relevant workplace elements; Most of these topics are interlinked and should not be dealt with in isolation; There is a need for tailoring the approach to the size of enterprise and to deal with different situations or circumstances whereas some features are the same for all enterprises independently of their size; A shared commitment by employers, workers and their representatives for an agreed and jointly managed process is important for success. An agreed and jointly managed dynamic circular process is a suitable way for implementation of the agreement, whilst respecting the roles/responsibilities of different actors including workersworkers’’ representatives. The presence or introduction of digital technologies or tools has an impact on several topics that are often interrelated. These topics are shown in the diagram: • •• Work content –– skills • •• Working conditions (employment terms and conditions, work-life balance) • •• Working conditions (work environment, health and safety) • •• Work relations •• Work organisation In the different steps of the process, all these topics have to be discussed and taken into account. In relation to the topics referred to above the following issues should also be discussed and taken into account as part of the process: • •• Digital skills and securing employment • •• Modalities of connecting and disconnecting • •• Artificial Intelligence (AI) and guaranteeing the human in control principle • •• Respect of human dignity and surveillance Digital technologies or tools can also be used/introduced to improve on those topics (e.g. by better work organisation, communication, more learning possibilities, improved work relations, better work-life- balance, gender equality). A PARTNERSHIP PROCESS BETWEEN EMPLOYERS AND WORKERS’’ REPRESENTATIVES Stages in the Process •• The first stage ‘‘Joint exploration/preparation/underpinning’’ is about exploring, raising awareness and creating the right support base and climate of trust to be able to openly discuss the opportunities and challenges/risks of digitalisation, their impact at the workplace and about the possible actions and solutions. •• The second stage ‘‘Joint mapping/regular assessment/analysis’’ is a mapping exercise looking into the topic areas in terms of benefits and opportunities (how successful integration of digital technology can benefit the workers and the enterprise) and in terms of challenges/ risks. Possible measures and actions are also identified at this stage. SMEs may need external advice/support. •• The third stage ‘‘Joint overview of situation and adoption of strategies for digital transformation’’ is the result of the above steps. It is about having a basic understanding of the opportunities and challenges/risks, the different elements and their interrelationships, as well as agreeing on digital strategies setting goals for the enterprise going forward. •• The fourth stage ‘‘Adoption of appropriate measures/actions’’ is based on the joint overview of the situation. It includes: the possibility for a testing / piloting of the envisaged solutions; priority setting; timing, implementation in sequential time-bound phases; clarifying/defining the roles and responsibilities of management and workers and their representatives; resources; accompanying measures such as (expert) support, monitoring, etc. •• The fifth stage ‘‘Regular joint monitoring / follow-up, learning, evaluation’’ is where we come full circle to a joint assessment of the effectiveness of the actions and discussion on whether further analysis, awareness-raising, underpinning or actions are necessary.

CONSIDERING THAT. The overall goal is to achieve a consensual transition by a successful integration of digital technologies at the workplace and by reaping the opportunities as well as preventing and minimising the risks for both workers and employers and to ensure the best possible outcome for both employers and workers; Multiple topics play a role or should be taken into account. A broad multidisciplinary approach is suggested, which captures the relevant workplace elements; Most of these topics are interlinked and should not be dealt with in isolation; There is a need for tailoring the approach to the size of enterprise and to deal with different situations or circumstances whereas some features are the same for all enterprises independently of their size; A shared commitment by employers, workers and their representatives for an agreed and jointly managed process is important for success. An agreed and jointly managed dynamic circular process is a suitable way for implementation of the agreement, whilst respecting the roles/responsibilities of different actors including workers’ representatives. The presence or introduction of digital technologies or tools has an impact on several topics that are often interrelated. These topics are shown in the diagram: • Work content – skills • Working conditions (employment terms and conditions, work-life balance) • Working conditions (work environment, health and safety) • Work organisation In the different steps of the process, all these topics have to be discussed and taken into account. In relation to the topics referred to above the following issues should also be discussed and taken into account as part of the process: • Digital skills and securing employment • Modalities of connecting and disconnecting • Artificial Intelligence (AI) and guaranteeing the human in control principle • Respect of human dignity and surveillance Digital technologies or tools can also be used/introduced to improve on those topics (e.g. by better work organisation, communication, more learning possibilities, improved work relations, better workwork- life-life- balance, gender equality). Stages in the Process • The first stage ‘Joint exploration/preparation/underpinning’ is about exploring, raising awareness and creating the right support base and climate of trust to be able to openly discuss the opportunities and challenges/risks of digitalisation, their impact at the workplace and about the possible actions and solutions. • The second stage ‘Joint mapping/regular assessment/analysis’ is a mapping exercise looking into the topic areas in terms of benefits and opportunities (how successful integration of digital technology can benefit the workers and the enterprise) and in terms of challenges/risks. Possible measures and actions are also identified at this stage. SMEs may need external advice/support. • The third stage ‘Joint overview of situation and adoption of strategies for digital transformation’ is the result of the above steps. It is about having a basic understanding of the opportunities and challenges/risks, the different elements and their interrelationships, as well as agreeing on digital strategies setting goals for the enterprise going forward. • The fourth stage ‘Adoption of appropriate measures/actions’ is based on the joint overview of the situation. It includes: o the possibility for a testing / piloting of the envisaged solutions; o priority setting; o timing, implementation in sequential time-bound phases; o clarifying/defining the roles and responsibilities of management and workers and their representatives; o resources; o accompanying measures such as (expert) support, monitoring, etc. • The fifth stage ‘Regular joint monitoring / follow-up, learning, evaluation’ is where we come full circle to a joint assessment of the effectiveness of the actions and discussion on whether further analysis, awareness-raising, underpinning or actions are necessary. Workers’ representatives will be provided with such facilities and information as necessary to effectively engage in the different stages of the process.