Telework (home-based work)
Work and Family Provisions in Canadian Collective Agreements
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E. Telework (home-based work)
Telework, also referred to as telecommuting, is an arrangement whereby an employee, at least on a periodic basis, fulfils his or her regularly scheduled job responsibilities at a remote location which is not operated by the employer (a teleworkplace)—usually an employee’s own residence.
Working from home is not a new phenomenon, since it has been practised for decades in certain sectors, such as the garment industry. However, the rapid development of computer and information technologies in recent years has made teleworking feasible in an increasing number of job categories.
Telework can be advantageous for employees by allowing them: to organize their work day around their personal and family needs; to decrease work-related expenses; to reduce commuting time; and to work in a less stressful and disruptive environment. It may also help to accommodate employees who, because of particular disabilities, are unable to leave home. Although telework cannot normally be combined with child or eldercare-related tasks, it may nevertheless let employees work in closer proximity to their children and relatives, offering some peace of mind and giving the family a chance to spend more time together at lunch time as well as before and after school.
Apart from improved productivity, efficiency and employee morale, employers can also benefit from lower overhead costs and from reduced disruptions in case of bad weather and other emergencies. The fact that employees who telework can use this added flexibility to capitalize on their personal peak productivity periods can also favourably influence a company’s bottom line.
Despite these benefits and the attention that telecommuting has attracted in the media, very few collective agreements contain telework provisions. Those that exist are mostly concentrated in the public sector and in various Crown corporations, particularly in British Columbia.
The paucity of telework clauses is partly due to the fact that not all occupations are amenable to such an arrangement. Moreover, employers may be concerned by the initial implementation costs, potential legal liabilities, and difficulties in supervising and appraising the performance of teleworkers. Unions may disapprove of work-at-home clauses if they perceive them as leading to greater isolation of employees, reduced job security and promotion opportunities, and diminished health and safety protection.1
Joint Union-Management Committees on Telework
In some cases, unions and employers have agreed to establish committees to study issues related to telework and to propose appropriate regulations and policies. This is usually a first step, which may lead to the implementation of a future telework arrangement.
| (01474) | The Company and the Guild agree to strike a committee of two representatives from each party to examine telecommuting issues and recommend changes to the collective bargaining agreement, where required. |
| (07313) | The Employer and the Union agree to establish a Joint Committee to discuss the matter of implementing telecommuting on a trial basis. The Joint Committee shall consist of not more than three (3) representatives of the Employer and three (3) representatives of the Union. The Committee shall report its findings and any recommendations to the respective bargaining committees for the renewal of the next Collective Agreement. Where a recommendation is approved by the principals of both parties, it may be implemented prior to the next round of collective bargaining. |
The parties may also agree on a set of criteria and conditions to guide future union-management discussions regarding particular telework arrangements.
| (02130) | It is agreed that if potential Telecommuting opportunities arise during the life of the Collective Labour Agreement, the following items, as a minimum, shall be discussed with the goal to achieve mutual agreement.
The parties agree that this letter is not authorization to begin offering Telecommuting work to C.A.W. members at Northern Telecom. It provides a basis for discussion of critical areas that would require agreement after fully considering the needs of the employee, the Company, and the Union. |
Detailed Telework Clauses
Some agreements contain more detailed telework clauses. These usually specify eligibility and selection criteria and work schedules, together with the terms, conditions and duration of the arrangement. The parties can also negotiate specific safeguards for employees, to ensure there are no deleterious effects on their workload, employment status and job security.
Eligibility and selection criteria
In general, a number of criteria are set to determine which employees will be eligible to telework and how candidates are to be selected.
| (07262) | Each teleworking proposal will be considered on an individual basis after taking into account the nature of work, and the needs of the employee, supervisor and the City. Only employees with proven satisfactory performance in the position may be considered for teleworking opportunities. Any proposal for teleworking that is not approved may be subject to review, and the reasons for denial will be provided upon request by the employee. A statement, outlining the teleworking arrangements and clear performance expectations will be discussed with and signed by the employee and supervisor. A copy of the agreement will be forwarded to the Union. All teleworkers will receive training and counselling on how to telework effectively. |
| (04026) | The participation in this alternative work arrangement shall be limited to functions which, according to the Company, can be carried out from home. (...)
Participation shall be (..) limited to regular employees and require the mutual consent of the volunteers and their managers. (...) SELECTION CRITERIA The Company shall select participants on the basis of their seniority from qualified volunteers who meet the following selection criteria:
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Equipment and other costs
The cost of supplies and equipment required by teleworking employees is usually borne by the employer. However, as illustrated in the first example below, the employee may also be responsible to provide at least some of the necessary equipment.
| (04115) | In each telecommuting arrangement, the supervisor and employee determine the need for telecommuting equipment. The employee normally provides all telecommuting equipment.
EXCEPTION: The Corporation will provide telecommuting equipment if justified based on the needs of the Corporation and the nature of the work assignment. If the supervisor determines that the employee should have Corporate-owned equipment in his/her off-site location, the equipment may be provided with the Department Manager’s approval. If approved, the installation repair and maintenance of telecommuting equipment becomes the Corporation’s responsibility. The supervisor tracks the equipment’s use in meeting the department’s specific goals. |
| (06755) | The Corporation will provide the equipment necessary to perform the tasks identified for telecommuting. Liability for cost, maintenance or replacement of the equipment will be the Corporation’s. The employee will be expected to properly handle and house the equipment. Such equipment and supplies shall remain the property of the Corporation and must be returned if the employee’s employment is terminated or if the telecommuting arrangement is terminated. (…)
The employee who works from home is responsible for (...) providing dedicated office space with adequate office furniture for use during telecommuting days. |
| (04026) | The Company agrees to assume all costs which it has approved and which are directly related to the equipment, terminals, furniture, and required telephone links, as well as to the installation and moving of the equipment, terminals, and furniture from or to Company premises.
The Company agrees to continue reimbursing employees for all work-related expenses, in accordance with its practices and the Collective Agreement, except expenses incurred by employees in travelling to and from their reporting center during the Teleworking period. (...) All Teleworking participants shall inform their personal insurer that they have Company equipment and other property at their home. In case of damage caused by or to equipment, terminals or other property, the Company shall assume responsibility, unless the damage results from unauthorised use or is caused deliberately. |
Schedules
Telework clauses sometimes indicate how the hours of work will be set, and how many days per week are to be spent by the employee at the teleworkplace and at the regular office respectively. Contract language tends to leave substantial flexibility in scheduling.
| (06755) | Employees shall telecommute no more than three (3) days a week without mutual consent of the employee and the excluded manager.
The Corporation and employee will mutually set the hours of work. |
| (04026) | Work hours shall be established in accordance with the Collective Agreement.
To meet service requirements, split shift schedules could be established and offered to Teleworkers who volunteer. Split shift tour will be of two equal half tours during the period from 06h00 to 21h00 with an interval between the tours not to exceed 5 hours. (...) During the teleworking period, employees shall work at their usual work center one day every two weeks or according to a different frequency when specific needs so warrant. If employees must return to their work center during their tour of duty for reasons beyond their control (e.g., equipment failure), the Company shall pay for their return trip by public transportation or the equivalent. |
Safeguards for teleworking employees
Unions often insist on including a number of safeguards for participating employees when negotiating telework agreements. The most basic requirements are that teleworking must be both voluntary and cancellable. Additional measures regarding the employment status, work responsibilities and job security of telecommuting employees are also important issues normally discussed by the parties.
| (06755) | Telecommuting is voluntary and may be terminated with two (2) weeks’ notice by either the employee who is telecommuting or the excluded manager. The parties agree that no employee shall be required to telecommute.
While involved in telecommuting, individuals continue to be employees of the Corporation and retain all rights and benefits of the Collective Agreement. Employee status, salary, benefits and job responsibilities will not change due to participation in telecommuting. |
| (06746) | (1) Telework shall not affect the terms and conditions of employment of any employee and the provisions of all collective agreements and relevant legislation continue to apply to an employee who teleworks.
(2) Telework shall not affect the employment status of any employee. In other words, telework in or of itself will not prevent a person from remaining or becoming an employee. |
| (04026) | Employees shall participate for a minimum period of six months, unless there are exceptional circumstances, In such circumstances, and after discussions between the Company and the Union, either party may end the participation of an employee by providing the other party with 14 days’ notice. (...)
When an employee’s participation in Teleworking ends, the employee shall return to his regular job at his usual reporting center or, if his usual reporting center no longer exists, to the work center where his group has been relocated. |
| (07262) | 2. Teleworking is voluntary on the part of the employee, and is subject to mutual agreement between the employee teleworking and the City. Teleworking arrangements are subject to cancellation by the employee or the City, upon the provision of thirty (30) calendar days’ written notice, or as otherwise mutually agreed upon.
3. Teleworking will not erode full-time positions into part-time positions, nor shall any permanent employees be laid off as the result of teleworking. 4. The collective agreement provisions apply to teleworkers subject to this Letter of Understanding. Hours of work for teleworkers shall be in accordance with the collective agreement. 5. Workload and productivity levels for teleworkers will be reasonable and comparable to office workers. 6. Teleworkers are entitled to access City office space, internal correspondence, job postings, and other information available to their office counterparts. (...) 9. Teleworkers maintain the same employment/promotional opportunities as their office counterparts. |
Management contacting/visiting employees
To ensure managers and supervisors have access to telecommuting employees, employers can bargain contract language allowing for telephone contact, in-person visits and on-site inspections. In the latter case, inspections may be deemed important to make sure that equipment is functioning properly and that all safety precautions are being taken in the teleworkplace.
| (07262) | During mutually agreed upon core hours, the City may access the teleworker in person, or by telephone. The City will provide the teleworker with twenty-four (24) hours’ notice of a site inspection. |
| (04026) | Employees shall allow the support manager and project coordinator to visit their place of work so they can analyze the technical performance of systems and take any necessary corrective measures. Such visits shall be planned with employees.
The manager responsible may meet employees at their home any time during their tour of duty. Employees shall be given reasonable prior notice (15 minutes). |
Conditions and employee responsibilities
Considering that employers have very limited control on the teleworkplace and that telecommuters have a great deal of autonomy from their supervisors, special conditions and requirements regarding employee responsibilities are sometimes negotiated. These conditions are normally meant to ensure employees will be able to perform adequately, while limiting employer liability in terms of occupational health and safety and other legal responsibilities.
| (06746) | The employee is responsible to:
(1) ensure that the telework arrangement is consistent with all municipal or regional district bylaws and regulations; (2) in consultation with the Local Occupational Health and Safety Committee or Union and Employer designated safety representatives, ensure that the teleworkplace is adequately equipped and maintained from a health and safety point of view; (3) ensure that equipment and supplies provided by the Employer are used only for the purpose of carrying out the Employer's work; (4) ensure that the environment of the teleworkplace is such that the employee is able to respect the terms and conditions of employment, as well as relevant collective agreements, legislation, regulations and policies; (5) ensure that dependent care arrangements are in place and that personal responsibilities are managed in a way which allows them to successfully meet their job responsibilities. Telework is not a substitute for dependent care. |
| (04026) | Participant employees involved in Teleworking shall meet the performance criteria and quality standards established by the Company. These criteria and standards shall be at least those they were achieving before participating in Teleworking. (...)
The Company’s confidential documents and exclusive information shall be kept under lock and key outside work hours (...). The Company’s confidential documents and exclusive information which become outdated shall be returned to Bell and destroyed on Bell premises (...). The telephone and computer systems may be used only by Teleworkers and strictly for their work for the Company. Long distance calls shall be kept to a strict minimum and may be made only for Company purposes. If major problems arise which prevent Teleworkers from operating normally (network access is impossible, communication system deficient, etc.), the Company reserves the right to interrupt the employees’ participation in Teleworking temporarily and to call them back to their usual place of work until everything is completely restored. Should a failure occur at a participant’s home, the participant shall be responsible for contacting his manager as quickly as possible. The participant shall not incur loss of wages due to circumstances beyond his control. (...) Participants shall attend meetings, training sessions and other scheduled activities. They shall be advised insofar as possible at least two days in advance. If applicable, the premium pay for change in tour of duty shall apply. (...) Participants shall be considered to be at work in the same way as if they were at their normal place of work. They shall therefore take all reasonable measures to ensure their safety, in accordance with Company practices. |
Although the provisions examined in this chapter all dealt with the organization of working time, be it in terms of overtime, scheduling, flexible arrangements, work time reduction or telework, they are certainly not the only issues affecting the balancing of work and family responsibilities with respect to time. Indeed, as will be shown in the following chapters, there are a number of other provisions with a direct or indirect impact on work time, especially those concerning maternity, parental and other leave and vacations.
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1 The term "sandwich generation" refers to people (most often women) providing support to elderly family members while still having dependent children at home. resume