VOLUNTARY CHARACTER Clause Samples

VOLUNTARY CHARACTER. Tele/distance/homework shall be voluntary for both the employee and the employer concerned. Tele/distance/homeworking may be required as part of the employee's initial job description, or the employee may subsequently be engaged in tele/distance/home- working as a voluntary arrangement. Agreements on tele/distance/homework shall be made in writing and in compliance with the rules in force from time to time on the employer's obligation to inform the employee of the terms of the employment relationship as prescribed in the Agreement. It is recommended to use the supplement to the employment contract drawn up by the parties to the Collective Agreement. At the same time, reference is made to the guide prepared by the parties to the Collective Agreement. If tele/distance/homeworking is not part of the initial job description, the decision to opt for tele/distance/homeworking is reversible by an agreement in writing between the employee and the employer or by local agreement. The reversibility may imply returning to work at the employer's premises at the employee's or at the employer's request. The specific terms of such return shall be laid down in the aforesaid written agreement and/or by local agreement. If an employee refuses to opt for tele/distance/homework, this shall not in itself be a reason for terminating the employment relationship or changing the terms and conditions of employment of the employee concerned. The shop ▇▇▇▇▇▇▇(s) shall be kept as fully informed of any dismissals of tele/distance- /homeworkers as possible in accordance with the provisions thereon of this Agreement.

VOLUNTARY CHARACTER. Telework is voluntary for the worker and the employer concerned. Telewor- king may be required as part of a worker’s initial job description or it may be engaged in as a voluntary arrangement subsequently. In both cases, the employer provides the teleworker with relevant written information in accordance with directive 91/533/EEC, including informa- tion on applicable collective agreements, description of the work to be performed, etc. The specificities of telework normally require additional written information on matters such as the department of the underta- king to which the teleworker is attached, his/her immediate superior or other persons to whom she or he can address questions of professional or personal nature, reporting arrangements, etc.‌‌‌ If telework is not part of the initial job description, and the employer makes an offer of telework, the worker may accept or refuse this offer. If a worker expresses the wish to opt for telework, the employer may accept or refuse this request. The passage to telework as such, because it only modifies the way in which work is performed, does not affect the teleworker’s employment status. A worker refusal to opt for telework is not, as such, a reason for termina- ting the employment relationship or changing the terms and conditions of employment of that worker. If telework is not part of the initial job description, the decision to pass to telework is reversible by individual and/or collective agreement. The re- versibility could imply returning to work at the employer’s premises at the worker’s or at the employer’s request. The modalities of this reversibility are established by individual and/or collective agreement.

VOLUNTARY CHARACTER. Telework is voluntary for the worker and the employer concerned. Teleworking may be required as part of a worker’s initial job description or it may be engaged in as a voluntary arrangement subsequently. The ETUC advanced the argument that not all persons are suited for telework. Many things can be learned, but it may turn out that certain workers are much happier (and much more productive), if they stay at the employers’ premises. Scientific literature on telework and all the pilot studies that social partners have carried out jointly agree that telework shall be introduced on a voluntary, negotiated basis. The employer’s side argued that the same may be said for companies. Not every company and not every department of a company may be suited for teleworking. There is no right as such to telework and there is no obligation to do telework. Telework can thus only be introduced by mutual agreement. Telework is always, no matter how it is introduced, voluntary for the worker. According to the framework agreement it is no longer possible (as has happened before), that an entire department is sent to telework, say at home. And it is no longer possible for a new company owner or new management to decide to call all teleworkers back to the premises. There needs to be agreement between the parties concerned. In both cases, the employer provides the teleworker with relevant written information in accordance with directive 91/533/EEC, including information on applicable collective agreements, description of the work to be performed, etc. The specificities of telework normally require additional written information on matters such as the department of the undertaking to which the teleworker is attached, his/her immediate superior or other persons to whom she or he can address questions of professional or personal nature, reporting arrangements, etc. If telework is not part of the initial job description, and the employer makes an offer of telework, the worker may accept or refuse this offer. If a worker expresses the wish to opt for telework, the employer may accept or refuse this request. Information to the teleworker according to directive 91/533/EEC has to be given, but this may not be enough. Telework is a kind of work organisation that normally requires additional information. There is an obligation for the employer to give this additional information in writing, such as information on the department the teleworker is attached to if he/she is working from home o...