Teleworking and labor conditions in Belgium
| Autor | Hendrik Delagrange |
| Cargo | Researcher, Foundation Innovation and Work |
| Páginas | 7-11 |
IUSLabor 2/2017
TELEWORKING AND LABOR CONDITIONS IN BELGIUM
Hendrik Delagrange
Researcher, Foundation Innovation and Work
Introduction
Teleworking in Belgium is a condition which only applies to employees in a labor relation
with an employer. It is considered as an exception to the general rule that work is done at
the employers’ premises. The legal frame is Collective Agreement Nr 852 and 85bis3
between the social partners that have the power of law. It was agreed upon in 2005 and
2008 and has been written in order to comply with the European Framework Agreement
of 2002. It still stands today, with only a minor adaptation in 2017.
Housework also exists as a form of labour relation, which applies to work that is always
done from home or another location, with a specific type of contract, without the
supervision of the employer. While this originates from manual work, it could be applied
to intellectual work today. It is uncommon to be used and telework is explicitly excluded
from this type of contract. Therefore, we will not address homework here. Moreover,
workers in Belgium in such a type of work are usually self-employed.
According to the Labour Force Survey conducted by Statistics Belgium4 16,7% of the
Belgian employees works “sometimes or usually” from home5 in 2016. This represents
approximately 758274 on a total of 4540566 employees. The number is slowly increasing
– in 2006 it was 10,8%.
1. Is there any regulation on teleworking in your legal system?
Teleworking is regulated by the collective agreement between the social partners that was
finalized in 2005 and amended in 2008 (CA 85 and CA 85 bis) and has force of law.
2http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2005110932&table_name
=loi
3http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2008022734&table_name
=loi
4http://statbel.fgov.be/en/modules/publications/; the data in French:
http://statbel.fgov.be/fr/modules/publications/statistiques/marche_du_travail_et_conditions_de_vie/indica
teurs_annuels_marche_travail_selon_l_ge_et_le_sexe.jsp Table S2.009
5 This figure in cludes homework. Since other sources report the same or a higher number of w orking at
home, we consider this to be almost exclusively to be teleworkers
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