The Effectiveness of The Colombian Legal Framework For Encouraging

Acknowledgments
Firstly, I would like to acknowledge my

supervisor, Dr. Nuna Zekic, for her support
and guidance throughout the process.
In addition, I extend my gratitude to

professors Bas Rombouts and Sonja
Bekker for the accompaniment throughout
the LL.M.
Also, I would like to thank my friends

Geraldine Dierinck, Marisa Marques da
Silva, Veronica Puerta, and Daniela
Caicedo for being part of this experience.
Moreover, I extremely thank my family for

always support my projects.
Finally, I would like to thank my husband for

being always unconditional and believe in
me; but above all
for joining me in
this wonderful journey
TABLE OF CONTENTS
CHAPTER I – INTRODUCTION ................................................................................................ 1

1.1. Telework: A general approach ..................................................................................... 1
1.2. Topic relevance ........................................................................................................... 2
1.3. Research question and methods.................................................................................. 3
1.4. Outline/Structure .......................................................................................................... 5
CHAPTER 2 – AN APPROACH TO TELEWORK ..................................................................... 6
2.1. Historical context ............................................................................................................. 6
2.2. Definition ......................................................................................................................... 7
2.3. Technology as an element of telework ............................................................................. 8
2.4. Benefits and drawbacks of teleworking ...........................................................................10
2.4.1. Benefits of teleworking .............................................................................................10
2.4.1.1. Increased productivity ........................................................................................11
2.4.1.2. Costs saving ......................................................................................................12
2.4.1.3. Improvement in recruitment and retention process ............................................13
2.4.1.4. Balance between work and personal life ............................................................14
2.4.1.5. Flexibility ............................................................................................................15
2.4.1.6. Reduction of stress ............................................................................................16
2.4.1.7 Better environment practices ..............................................................................16
2.4.1.8. Inclusion in the labour market for people in disadvantaged situations ................17
2.4.2. Drawbacks of teleworking ........................................................................................18
2.4.2.1. Blurring boundaries between home and work ....................................................18
2.4.2.2. Isolation .............................................................................................................20
2.4.2.3. Managerial resistance........................................................................................21
2.4.2.4. Difficulties in coordinating and organizing the work ............................................22
2.4.2.5. The possible negative impact in the workplace environment ..............................22
2.4.2.6. Fewer opportunities for development or promotion ............................................23
2.4.2.7. Teleworking is not possible for all workers .........................................................24
2.5. Chapter summary ...........................................................................................................24
CHAPTER 3 – TELEWORK: THE COLOMBIAN CASE ...........................................................26
3.1. Legal framework .............................................................................................................26
3.2. Implementation of telework .............................................................................................28
3.2.1. Technologies for teleworking ....................................................................................29
3.2.2. Cultural change ........................................................................................................31
3.2.3. Impact on society .....................................................................................................32
3.2.4. Some samples of companies implementing telework ...............................................33
3.2.4.1. Superintendence of Industry and Commerce .....................................................33
3.2.4.2. EAN University ..................................................................................................34
3.2.4.3. Bancolombia ......................................................................................................34
3.3. Current status of telework ...............................................................................................35
3.3.1. Teleworkers .............................................................................................................35
3.3.2. Companies implementing telework ...........................................................................36
3.3.3. Modalities of teleworkers ..........................................................................................37
3.4. Chapter summary ...........................................................................................................38
CHAPTER 4 – TELEWORK: EUROPEAN UNION AND THE NETHERLANDS .......................40
4.1. European Framework Agreement ...................................................................................40
4.1.1. Background ..............................................................................................................40
4.1.2. Definition and main characteristics of Telework ........................................................41
4.1.3. Volunteer character ..................................................................................................41
4.1.4. Employment conditions ............................................................................................42
4.1.5. Data protection .........................................................................................................43
4.1.6. Privacy .....................................................................................................................43
4.1.7. Equipment ................................................................................................................44
4.1.8. Health and safety .....................................................................................................45
4.1.9. Implementation ........................................................................................................46
4.2. Current status of telework at the European Union Level .................................................47
4.3. Telework in the Netherlands ...........................................................................................48
4.3.1. Legal framework.......................................................................................................48
4.3.2. Implementation of telework ......................................................................................51
4.3.2.1. Measures for cultural change .............................................................................51
4.3.2.2. Technology ........................................................................................................53
4.3.2.3. Impact on society ...............................................................................................54
4.3.3. Current status of telework in the Netherlands ...........................................................55
4.3.3.1. Teleworkers .......................................................................................................55
4.3.3.2. Teleworkers regarding gender ...........................................................................55
4.3.3.3. Teleworkers regarding the use of technology.....................................................56
4.4. Chapter summary ...........................................................................................................56
CHAPTER 5 – TELEWORK: COMPARATIVE ANALYSIS OF THE EUROPEAN UNION, THE
NETHERLANDS AND COLOMBIAN LEGISLATION ...............................................................57
5.1. Legal aspects .................................................................................................................57
5.1.1. Volunteer character ..................................................................................................57
5.1.2. Health and safety .....................................................................................................58
5.1.3. Equipment ................................................................................................................59
5.1.4. Data protection and privacy ......................................................................................60
5.2. Teleworking implementation ...........................................................................................60
5.2.1. Measures for cultural change ...................................................................................61
5.3. Chapter summary ...........................................................................................................62
CHAPTER 6 – CONCLUSIONS ...............................................................................................63
REFERENCES .........................................................................................................................65
ABBREVIATION LIST
CEEP European Centre of Employers and Enterprise

CENIT Center of Studies for Transformation
CO2 Carbon Dioxide
CRC Colombian Communications’ Regulation Commission
DANE National Administrative Department of Statistics (Departamento Administrativo
Nacional de Estadística)
EU European Union
EUROFOUND The European Foundation for the Improvement of Living and Working Conditions
EUROSTAT Statistical Office of the European Union
EZ Ministry of Economic Affairs (Ministerie van Economische Zaken)
FNV Netherlands Trade Union Confederation (Federatie Nederlandse Vakbeweging)
GDPR General Data Protection Regulation
ICT Information and Communication Technologies
ILO International Labour Organization
ISDN Integrated Services Digital Network
IT Information Technology
LFS Labour Force Survey
MSMEs Micro, Small and Medium-Sized Enterprises
STAR Foundation of Labour in the Netherlands (Stichting van de Arbeid)
SZW Ministry of Social Affairs and Employment (Ministerie van Sociale Zaken en
Werkgelegenheid)
TEU Treaty on European Union
TFEU Treaty on the Functioning of the European Union
UEAPME European Association of Craft, Small and Medium-Sized Enterprises
UNICE Union of Industrial and Employer's Confederations of Europe
VAT Value Added Tax
VROM Spatial Planning and the Environment (Ministerie van Volkshuisvesting, Ruimtelijke
Ordening en Milieubeheer)
CHAPTER I – INTRODUCTION
1.1. Telework: A general approach
The accelerated development of new technologies has enabled the possibility of performing the
work outside of the office. For that reason, it has become more popular in recent years. Indeed,
telework can be considered as disruptive human resources policy as it combines, firstly, the
urgency of the companies with regards to increasing profitability, minimizing the productions costs
and retaining the human capital. Secondly, teleworks combines the desire of workers to balance
the demands of work and the need to attending other personal commitments such as family, social
life or personal projects.1 In addition to these benefits, telework may also have an impact on other
matters; for instance, regarding the atmosphere, it helps to reduce the traffic congestion, which
contributes to the objective of sustainable growth with lower Carbon Dioxide (CO2)2.
Although telework has become a powerful tool for companies to provide flexible conditions to its
workers and for the employees to improve their quality of life, there are some aspects that requires
special attention as they can bring some negative effects. These negative effects include isolation,
lower income, unequal opportunities for promotion and career advancement, 3 blurring of
boundaries between work and home time, overwork, and resentment from colleagues.4
In addition, telework covers a wide variety of forms such as regular home-based telework, high
mobile workers, and occasional teleworkers. Moreover, it also varies depending on the type of
employment relationship; for example, employees with an employment contract, self-employees,
freelancers and crow-workers. Therefore, those variations may impact teleworking, and for that
reason is important to go beyond the flexibility inherent in this modality of work, and look for a
1 Eurofound and the International Labour Office, Working Anytime, Anywhere: The Effects on the World of
Work (Publications Office of the European Union, Luxembourg, and the International Labour Office, Geneva, 2017), p.
3.
2 Nuria Ramos Martin and Jelle Visser, "A More ‘Autonomous’ European Social Dialogue: The Implementation of the
Framework Agreement on Telework", International Journal of Comparative Labour Law and Industrial Relations 24, no.
4 (2008), pp. 511-548.
3 Marica, M. (2018). Homeworking / teleworking. Atypical forms of employment: between usefulness and
precariousness. Juridical Tribune, 8(1), 73-85. Mihaela Emilia Marica, "Homeworking / Teleworking. Atypical Forms Of
Employment: Between Usefulness and Precariousness", Juridical Tribune 8, no. 1 (2018), pp.73-85.
4 Aida Isabel Tavares, "Telework and Health Effects Review", International Journal of Healthcare 3, no. 2 (2017), p. 30.
1
balance through the provision of labour guarantees for the employees, which allows taking the
best of this form of work.5
1.2. Topic relevance
The global labour market changes its functioning every day due to new forms of work. Telework
is one of those new modalities of work, catering to people involved in human resources and labour
law, such as researchers, human resources managers, and attorneys at law. This dynamic
requires awareness of the constant changes and the new modalities in order to examine critically
the main contributions and the possible weaknesses. In that sense, it is possible to take
advantage of its benefit and mitigate the risks.
Telework has become an important source for modernizing organizations worldwide, its impact
being so profound that in Europe it was recognized as one of the practices that required regulation.
At the European Union level, it was included as a topic in the consultation document for the social
partners in 2002, after the European Council called the attention of the social partners for
negotiating an agreement on the matter.6 As a result, the social partners executed the known
Framework Agreement on Telework. Furthermore, according to the report of the European
Foundation for the Improvement of Living and Working Conditions -EUROFOUND – for the year
of 2005, telework is increasing among the European Union Member States, for instance, the
percentage of employees engaged in telework increased about 5% since 2000.7 Specifically, in
the case of the Netherlands, some statistics show that this form of work has significantly increased
to the point that by 2018 it has become the country with the highest percentage of use of telework
in the European Union (14 % of the employed people).8
5 Roger Banplain, "The European Social Dialogue and Voluntary Framework Agreements", in European Framework
Agreements and Telework (Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2007), p. 35.
4 (2008), p. 511-548.
7 Eurofound, Telework in the European Union (Luxembourg: Publications Office of the European Union, 2010).
8 "EUROSTAT - Employed Persons Working from Home as a Percentage of the Total Employment, By Sex, Age and
Professional Status (%)", Appsso.Eurostat.Ec.Europa.Eu, 2019.
https://appsso.eurostat.ec.europa.eu/nui/submitViewTableAction.do.
2
On the other hand, in the case of Colombia, teleworking is a recent phenomenon. The first
regulatory framework in this subject was enacted in 2008.9 However, it did not develop specific
rules for the implementation of telework, and for that reason, in 2012, the government introduced
an additional legal instrument in which regulates the functioning of telework in the country. 10
Based on that regulation, the Colombian government is currently promoting the implementation
of telework, among other mechanisms, through digital platforms, with the purpose of increasing
the use of this modality, bearing in mind its benefits.11 Nonetheless, statistics show that the current
number of teleworkers in Colombia is 122.27812 out of 22’164.00013 which is the total number of
workers in Colombia. In fact, teleworkers represent less than 1% of the total workers of the country.
There are some challenges associated with establishing an efficient policy framework on telework.
Developing a policy framework requires taking into account many factors that impact this modality
of work, and that could vary depending on the country; for example, technological resources,
cultural differences, legislation, economic conditions, etc.14
1.3. Research question and methods
The aim of this thesis is to answer the following research question:
To what extent is Colombian legislation about telework effective enough for the implementation
and promotion of that modality of work in the country? If it is not, how could it be implemented
more effectively?
9 Colombian Law No 1221 (Which Establishes Rules to Promote and Regulate Teleworking), 2008.
10 Colombian Decree No 884 (Which Regulates and Develops Law 1221 of 2008), 2012.
11 "Teletrabajo", Teletrabajo.gov.co, accessed 30 June 2019, http://www.teletrabajo.gov.co/622/w3-channel.html.
12 Fourth Study of Penetration of Teleworking in Colombian Companies (Cuarto Estudio de Penetración de Teletrabajo
en Empresas Colombianas) (National Consulting Center Colombia Digital Corporation - Ministry of Information
Technology and Communications (Centro Nacional de Consultoría Corporación Colombia Digital - Ministerio de
Tecnologías de la Información y las Comunicaciones), 2018), p. 5.
13 National Department of Statistics (Departamento Nacional de Estadísticas) DANE, Labour Market Main Results by
First Trimester March– May 2019 (Mercado Laboral Principales Resultados de Marzo a Mayo 2019), 2019, p. 7.
14 Tanya Castleman and Adie Jacqueline, "Research Issues for the Comparative Study of Telework", in Proceedings
of the 1St Annual Collecter Workshop on Electronic Commerce, 1997, pp. 15-25.
3
The question will be addressed through the application of a literature review methodology,
together with a legal analysis method. The main objective of the paper is to gain insight from the
sociological development of teleworking, regarding aspects such as cultural mindset, technology
influence, and management schemes, among others; in order to be able to analyze from different
perspectives the legal framework of telework in Colombia, in the European Union, and the
Netherlands.
Firstly, the research will be focused on the definition, characteristics, and scope of telework. For
that purpose, the literature review conducted in the paper is concentrated in the field of Human
Resources. The literature review includes the examination of academic papers, statistics, official
reports, surveys, etc. For instance, professional reports such as the titled “Working anytime,
anywhere: The effects on the world of work” made by the International Labour Organization (ILO)
will be subject of analysis. The purpose is to analyze teleworking from an interdisciplinary
perspective, taking insights from disciplines different than law, such as psychology, and sociology,
in order to better understand among other aspects, the benefits and drawbacks of this modality
of flexible work.
Secondly, a revision and analysis of telework in countries such as Colombia and the Netherlands,
as well as in the European Union in general, will be developed from an interdisciplinary
perspective. Such a perspective involves legislation, policies, statistics, and practical cases of
implementation of this form of work. e.g., sources like the formal documentation that support the
pilot implementation plan for teleworking made by the Superintendence of Industry and
Commerce in Colombia in 2013 will be subject of analysis.
Finally, a comparative perspective analysis will be conducted taking into account all the
information reviewed through the literature and legislation revision, with the purpose of
determining whether or not the Colombian legal framework for telework allows the effective
implementation and promotion of this modality of work.
To answer the research question, it is important to address the following sub-questions, which
will be addressed in each chapter of the present document:
(1) What is the rationale behind telework?

(2) Has Colombia developed mechanisms for the implementation and promotion of telework?
4
(3) What is the current legal framework of the European Union regarding telework?
(4) What is the current legal framework of the Netherlands regarding telework?
(5) From a comparative perspective, does Colombian legislation about telework requires
improvement in order to promote that modality of work?
1.4. Outline/Structure
In Chapter 2, a theoretical approach of the telework will be addressed with the purpose of
identifying its essential elements, its basis, and its rationale, in order to integrally understand this
modality of work. (Sub-question 1).
In Chapter 3, the paper examines the existing mechanisms in Colombia for the promotion and
implementation of telework, with the purpose of establishing the current panorama of this form of
work in the country. (Sub-question 2).
In Chapter 4, the paper reviews the legal framework of the European Union, as well as of the
Netherlands, regarding telework. The review is intended to identify the impact of legislation on the
implementation of this modality of work. (Sub-questions 3 and 4).
In Chapter 5, the paper contains a comparative analysis between the legislation examined in the
previous chapter, with the purpose of determining whether Colombia legislation can benefit from
the European Union and the Netherlands case. (Sub-question 5).
5
CHAPTER 2 – AN APPROACH TO TELEWORK
In this chapter, an overview of telework will be provided, for which historical context, definitions,
main characteristics, factors involved, and its benefits and drawbacks will be developed through
a human resources literature review and analysis, with the purpose of setting a complete
panorama of this form of work in order to understand the role and the rationale behind telework.
2.1. Historical context
Working from home is apparently a new phenomenon, notwithstanding, in the pre-industrial era,
most of the workers performed their jobs in their residences. For instance, land workers and craft
workshops. Nevertheless, the situation dramatically changed with industrialization, as unified
workplaces like factories and offices were created, equipped with professional technologies such
as machines and computers, which forced people to move into unified workplaces for performing
work.15
In recent years with the introduction of new technologies and its wide-spreading, the labour trends
are changing; basically, the old patterns are coming back, 16 i.e., nowadays working from a
distance has become a prominent way of performing labour activities.
The origins of the modern concept of telework are not based on a human resources policy for the
benefit of employees and employers; it was coined around the seventies by a group of engineers
from the University of Southern California (the United States) led by Jack Nilles. In fact, it was
developed as a mechanism for reducing electricity and oil consumption in most prosperous
countries due to the energy crisis caused by industrialization. To deal with this problem, Nilles
and his colleagues conducted a study in order to demonstrate the beneficial effects derived from
the implementation of the modality of telework as a policy. Among those benefits, there was
remarked savings in electric and oil costs as a consequence of reducing the commuting of the
citizens towards their workplaces. 17 Therefore, it is essential to highlight that the origin of
15 Yehuda Baruch, "Teleworking: Benefits and Pitfalls as Perceived by Professionals and Managers", New Technology,
Work and Employment 15, no. 1 (2000), pp. 34-49.
16 Ibid.
17 Pasi Pyöriä, "Telework", the SAGE Encyclopedia of the Internet, no. 246 (2018), pp. 848-854.
6
teleworking has its roots in satisfying the economic need of the governments; thereafter, it later
gained popularity among employers and workers.
In the same direction, professor Bottos indicated that the global economic crisis of the nineties
led many companies to implement telework as a means to reduce labour costs and increase
efficiency.18 Furthermore, another example of the implementation of telework as a strategy to
cope with difficult situations can be found in Japan, where according to Jun Kabigting, the chief
community officer of the Japan Human Resources Society, teleworking was implemented due to
the necessity of continuing working after the earthquake and tsunami in 2011 without risking the
safety of the employees.19
2.2. Definition
There is a broad spectrum of definitions of telework due to its variety of forms and means to be
performed, as well as the different conceptions regarding worldwide legislation. Nonetheless, it is
possible to identify some common elements which mainly constitutes the concept of telework.
Firstly, it implies work from a distance, and secondly, it needs the use of technology as a
mechanism that enables that modality of work.20 For instance, Mazucconi and Navarro included
in their definition of telework the concept of activities performed from a place other than the work
center, through the intensive use of new technologies.21 From those concepts, it is clear that
teleworking comprise the use of technological tools in an intensive way, as well as the fact that
those activities should not be executed within the premises of the workplace.
A third element can be added to the definition of telework; this modality needs a link to an
organization, i.e., it is only possible to conceive these forms of work with the intervention of an
organization, which grants it. Therefore, organizations, private or public, are in charge of
performing the adjustments required to enable the implementation of telework. Indeed, in a broad
18 Adriana V Bottos, Teletrabajo (Ciudad de Buenos Aires, República Argentina: Cathedra Jurídica, 2008).
19 "Telework Increasing Slowly Worldwide", SHRM, 2019, https://www.shrm.org/ResourcesAndTools/hr-
topics/technology/Pages/TeleworkWorldwide.aspx.
20 Sylvie Craipeau and Jean-Claude Marot, Telework: Impact on Living and Working Conditions (Dublin, Ireland:
European Foundation for the Improvement of Living and Working Conditions, 1984).
21 C. S. M. Mazzucconi and A. V. S. Navarro, "About the Business Control of Computers (Sobre el Control Empresarial
de los Ordenadores)", Aranzadi Social: Revista Doctrinal 5, no. 3 (2012).
7
comprehension of the notion, telework can be defined as “work carried out in a location where,
remote from central offices or production facilities, the worker has no personal contact with co-
workers there, but is able to communicate with them using new technology”.22 Nevertheless, this
element may be indispensable or not if the legal perspective is taking into consideration. For
example, as will be developed in chapter 3, under Colombian legislation, only employees with
employment agreement are able to telework, which excludes other categories like independent
contractors.23
Although universally speaking, there is not a universal legal definition of telework, for the purposes
of this thesis, it will be considered as a point of reference the definition giving by the International
Labour Organization (ILO). According to it telework “can be defined as the use of information and
communications technologies – such as smartphones, tablets, laptops, and desktop computers –
for the purposes of work outside the employer’s premises”.24 Moreover, the ILO establish that
teleworkers can be classified in different categories: i) Home-based telework, which refers to
workers that perform the job from their home. ii) High mobile telework, which comprises
employees who completed the job from different places, as the use of different types of
technologies enable them to keep in constant movement; and iii) Occasional telework that
includes those workers who execute the job in one or more places outside of the employer’s
premises but just occasionally.25
2.3. Technology as an element of telework
As it was stated, technology is a crucial element of teleworking; thus, it influences the way in
which this modality is performed. Several technological advances have influenced and motivated
the implementation of telework as a way of working a distance.
22 Vittorio Di Martino and Linda Wirth, "Telework: A New Way of Working and Living", International Labour Review 129,
no. 5 (1990), p. 530.
23 Colombian Decree No 884 (Which Regulates and Develops Law 1221 of 2008), 2012.
1.
25 Ibid, p.7.
8
The telephone and the telegraph allow the possibility of having different work arrangements since
the past century. Nevertheless, those flexible work arrangements did not become popular until
the middle of the 80s, with the use of corporate networks and especially with the appearance one
of the most revolutionary technological device, the computer. Undoubtedly, computers have
changed the way of performing jobs as some activities are automatized.26
Later, the internet came, and it becomes an essential gadget for daily operation within most of
the companies in the world. It allowed the use of tools such as e-mails, videoconferences,
document sharing platforms, among others, which simplified and organized the performance of
work through the possibility of real-time communication and update between employees and
employers.27
The evolution and the diminution of the cost of the new information and communication
technologies such as high capacity storage systems, personal computers, tablets, and
smartphones, have allowed the work to be developed from any place in the world, and likewise,
people can communicate and share their ideas even if they are not in the same space. 28
Indeed, technology constitutes an indispensable element for telework as it does not just enable
employees to perform their jobs from different places outside the workplace, but it also is the
mechanism for controlling the efficiency and error rates of teleworkers. For instance, some tools
such as programs to monitoring the work process and manage the delivery deadlines have been
implemented.29 As a matter of fact, it would not be possible to think on modalities of work of this
nature without the existence of technological tools.
26 Paul M. Leonardi, Jeffrey W. Treem and Michele H. Jackson, "The Connectivity Paradox: Using Technology to Both
Decrease and Increase Perceptions of Distance in Distributed Work Arrangements", Journal of Applied Communication
Research 38, no. 1 (2010), p. 86.
27 Peter Baloh and Peter Trkman, "Influence of Internet and Information Technology on Work and Human Resource
Management", Informing Science 6 (2003), pp. 498-505.
28 Eleftherios Giovanis, "The Relationship between Teleworking, Traffic and Air Pollution", Atmospheric Pollution
Research 9, no. 1 (2018), pp. 1-14.
no. 5 (1990), p. 18.
9
2.4. Benefits and drawbacks of teleworking
In the literature, it is possible to find studies related to the positive and negative effects of
teleworking for the employers, employees, and even for society. Based on that, this section will
address the most relevant benefits and drawbacks of telework from the human resources
perspective in order to provide a broader comprehension of this modality of work. Thus, the table
below shows an overview of those benefits and drawbacks with the purpose of clearly visualize
the panorama.
Benefits Drawbacks
Employers:
Increased productivity Possible negative impact in the workplace environment
Cost saving Difficulties in coordinating and organizing the work
Improvement in recruitment and retention process Difficulties in teamwork process
Organization flexibility Managerial resistance
Decrease absenteeism It does not fit to every employee
Employees:
Flexibility Fewer opportunities for development or promotion
Balance between work and personal life Blurring boundaries between home and work
Less transportation time Possible isolation
More autonomy/job satisfaction Difficulties for establishing a working time
More productivity Teleworking is not possible for all workers
Cost savings
Reduction of stress
Societal:
Inclusion in the labour market for people in disadvantaged situations
Reduction of traffic congestion
Better environment practices
Table 1. Some telework benefits and drawbacks (source: own elaboration)
2.4.1. Benefits of teleworking
According to a research carried out by professors Perez, Martinez and de Luis Carnicer of
Zaragoza University in Spain, telework has some benefits, however, from the perspective of the
companies involved in the study (25 Spain’s companies), the main benefits perceived by the
human resources teams were the increased of productivity, the costs saving and the organization
10
flexibility.30 In addition, they considered that telework has a positive impact on the process of
retention and recruitment as it allows the agreement of flexible conditions, which are attractive for
some employees.31
Concerning employees, the most important benefits of this work modality are the possibility of
having a better balance between personal life and the work, and the increase in motivation and
productivity.32 Following, the main benefits of telework will be addressed.
2.4.1.1. Increased productivity
When a company decides to implement telework, one of the most frequent insecurities echoed
by team leaders, is the possible decrease in productivity. On this matter, some studies have
shown that when employees telework, they do not just keep stable their productivity, but they also
could increase it.33
Indeed, some factors contribute to that result. First, the idea of flexibility in the working
arrangements leads to motivation for performing the job more efficiently and increase the focus
in results.34 Besides, it motivates a change in management style, as managers must focus in the
outcomes (results of the work), and they do not have to worry about the inputs (ways of working).35
Moreover, a second factor that positively impacts the production is the improvement in terms of
concentration as a consequence of fewer interruptions, usually caused by inefficient habits such
as long meetings, unnecessary questions, noise, among others. It helps to increase workers
30 M.P. Pérez, A.M. Sánchez and M.P. de Luis Carnicer, "Benefits and Barriers of Telework: Perception Differences of
Human Resources Managers According to Company's Operations Strategy", Technovation 22, no. 12 (2002), pp. 775-
783.
31 Julianne Mahler, "The Telework Divide: Managerial and Personnel Challenges of Telework", Review of Public
Personnel Administration 32, no. 4 (2012), pp. 407-418.
32 Sandi Mann and Lynn Holdsworth, "The Psychological Impact of Teleworking: Stress, Emotions and Health", New
Technology, Work and Employment 18, no. 3 (2003), p. 197.
33 David E. Markby, "Making Telecommuting Happen: A Guide for Telemanagers and Telecommuters: Jack M. Nilles,
Van Nostrand Reinhold", Long Range Planning 28, no. 5 (1995), p. 118.
34 Ibid.
35Vittorio Di Martino and Linda Wirth, "Telework: A New Way of Working and Living", International Labour Review 129,
no. 5 (1990), p. 4.
11
effectiveness and motivation.36 Indeed, the possibility of having a quieter atmosphere and not
having to spend time on transportation from home to job allows teleworkers to use time more
effectively.
2.4.1.2. Costs saving
Organizations can benefit of teleworking in terms of saving costs related to infrastructure linked
to real state, public services, service staff, space constraints, security services, among others.
For instance, IBM, one of the pioneers in the implementation of telework worldwide, registered
savings for $75 million per year in cost associated with real state. In the same way, AT&T reported,
in 1994, savings for $80 million in the same concept.37
The reduction of costs has also been associated with a decrease of absenteeism at work
generated by the implementation of telework. As an example, it is possible to highlight the case
of a Germany Company named DRV Braunschweig Hannover which decided to implement a
teleworking program that included around 135 employees, having, as a result, a reduction of
absenteeism in 20%. It impacted positively in the decrease in cost in aspects such as sick leave.
Along the same line, KPN reported lower rates of sickness absenteeism after implemented
telework as a policy in the company.38
Employees also report costs savings through the introduction of telework. For instance, they may
save money on expenses such as the cost of public transport, gasoline, and parking, as well as
buying meals outside the home.39Teleworkers may also reduce costs in child-care and business
clothes.40
36 Ibid.
37 Nancy B. Kurkland and Diane E. Bailey, "The Advantages and Challenges of Working Here, There Anywhere, and
Anytime", Organizational Dynamics 28, no. 2 (1999), pp. 53-68.
Work (Publications Office of the European Union, Luxembourg, and the International Labour Office, Geneva, 2017),
p.52.
39 Diane Gabrielle Tremblay and Laurence Thomsin, "Telework and Mobile Working: Analysis of Its Benefits and
Drawbacks", International Journal of Work Innovation 1, no. 1 (2012), p. 6.
40 Ursula Huws, Werner B Korte and Simon Robinson, Telework: Towards the Elusive Office (Chichester: Wiley, 1990),
p.46.
12
2.4.1.3. Improvement in recruitment and retention process
Teleworking may have a positive impact on the process of recruitment and the retention of
personnel, as it allows companies to benefit from the skills of some workers. It is the case of
workers who due to certain circumstances, cannot travel to provide their services at the
company's facilities.41 For instance, people who reside in locations different from those of the
company, employees who have some disabilities, and workers who must stay at home to take
care of a loved one. Also, telework allows some employees who are considering retirement, to do
it in a gradual transition, allowing them to complete a better transfer of knowledge to new
employees.42
Moreover, the offer of professionals in some areas of expertise is low, which forces companies to
establish policies to recruit and retain these professionals. In this regard, telework can be a work
alternative that is attractive for employees who required greater flexibility; and on the other hand,
it also represents an advantage for the companies that implement the policy.43
In terms of retention, according to Sparrow, offering flexible arrangements such as teleworking is

perceived by the employees as an indicator that the organization is focused on enhancing the
well-being of the workers. Therefore, the employees feel they are privileged for work in that
company.44
In fact, Microsoft's informal survey of online communities of government employees carried out in
2011 shows that it is possible that telework policies impact the decision of some professionals
confronted to choose where to work. The results demonstrate that "50% of respondents would
consider a change of career strongly if another comparable opportunity arose that included a
stronger telecommuting policy".45
41Vittorio Di Martino and Linda Wirth, "Telework: A New Way of Working and Living", International Labour Review 129,
no. 5 (1990), p. 532.
42 John Campbell and Craig McDonald, "Defining a Conceptual Framework for Telework and an Agenda for Research
in Accounting and Finance", International Journal of Business Information Systems 4, no. 4 (2009), p. 387.
43 Ibid.
44 Paul R. Sparrow, "New Employee Behaviors, Work Designs and Forms of Work Organization", Journal of Managerial
Psychology 15, no. 3 (2000), pp. 202-218.
13
2.4.1.4. Balance between work and personal life
Several psychological theories refer to the fact that the family sphere and the labour sphere have
a mutual influence. If a balance between them is achieved, the worker will have a better
performance in both.46 For instance, long hours of work in the office can prevent a parent from
attending an event of their child carrying adverse consequences for the family relationship or,
contrarily, in case of illness of the child, the parent may not be able to attend to due to their
obligations in the office.
Nowadays finding the balance between work and family life is of significant importance due to
some changes that have occurred in society for some decades.47 Among those changes includes
the increase of single parents, the rise in participation of women in the labour market, the growing
interest of male parents to get involved in the activities of the house; and the change in the
expectations of the workers with a higher interest in the quality of life outside of work.48
One of the alternatives that may have a significant impact on the balance between the work-life
is telework. Indeed, several studies have shown that telework assisted in optimizing the time
management between the work and family responsibilities.49As an example, this form of work
allows employees to spend less time in transportation, as well as in certain activities such as
extensive meetings that can extend the time in the office and generate conflict with the personal
activities.50Moreover, teleworkers can spend time that usually used to interact with colleagues, to
perform particular activities or share events with family and friends.51
46 Sue Campbell Clark, "Work/Family Border Theory: A New Theory of Work/Family Balance", Human Relations 53,
no. 6 (2000), p. 749.
47 Ibid.
48 F Clive Fullagar, "Meanings of Occupational Work: A Collection of Essays. Arthur P. Brief and Walter R. Nord (Eds),
Lexington Books, Lexington, MA, 1990", Journal of Organizational Behavior 15, no. 1 (1994), pp. 99-100.
49 Valerie J. Morganson et al., "Comparing Telework Locations and Traditional Work Arrangements", Journal of
Managerial Psychology 25, no. 6 (2010), pp. 578-595.
no. 5 (1990), p. 533.
51 David E. Markby, "Making Telecommuting Happen: A Guide for Telemanagers and Telecommuters: Jack M. Nilles,
Van Nostrand Reinhold", Long Range Planning 28, no. 5 (1995), p. 118.
14
Furthermore, teleworking contributes to the balance between work and personal life, allowing
workers greater autonomy to plan personal and work activities. In general, employees who
telework have more freedom regarding how to organize the work and personal activities.
Therefore, they may be more effective.52 It is the case of an employee who was required to attend
an appointment with the electricity company at his house. Instead of needing a work leave, and
not be able to finish the work objectives for the working day, the teleworker has the possibility of
stay at home and manage the time to accomplish both goals.
2.4.1.5. Flexibility
Telework allows mutual flexibility for employers and employees. One of the essential
characteristics of this work arrangement is the requirement of worker’ autonomy and responsibility,
bearing in mind that the employee is responsible for his job, as he can choose how and when to
do it. This flexibility may also lead to greater autonomy and more job satisfaction.53
Flexibility is one of the primary benefits of teleworking and is reflected in more motivation and
higher productivity, as it was explained above. Flexible arrangements also have an impact on the
decision to stay engaged in a company. In fact, as it was pointed out, it is one of the key elements
to achieve a balance between work and personal life.54For organizations, telework may lead to
managers more focus on projects and objectives, and the team leaders will experience less
pressure for having close supervision of the employees.55
Nevertheless, a flexible scheme of work may have its drawbacks. According to Taskin and Devos,
the increase of autonomy for the employee might also lead to a transfer of a risk that usually borne
by the company. In line with that, the teleworker must assume alone the responsibility of the
results of his job, and for him, it is more difficult to rely on his boss or colleagues.56
52 Ibid.
783.
54 Ibid.
55 Laurent Taskin and Valérie Devos, "Paradoxes from The Individualization of Human Resource Management: The
Case of Telework", Journal of Business Ethics 62, no. 1 (2005), pp. 13-24.
56 Ibid
15
2.4.1.6. Reduction of stress
Teleworking may contribute to reducing the stress among the employees. This reduction is not
related to a diminution of the workload, but it is associated with the possibility of not commuting
to work every day. Commuting to work is often linked with the increase of negative emotions such
as hostility or anxiety for being late for work. 57 Some studies carried out in France and Germany
concluded that reducing commuting may reduce levels of stress and fatigue.58
Further, not having the perception of being controlled on the way of performing the job may reduce
the feeling of being stressed out. 59 The European Working Conditions Survey revealed in its
analysis that autonomy at work might help the worker to cope with the demands at work and
diminish the stress.60
2.4.1.7 Better environment practices
Telework may have a positive impact on the environment. Those effects are related to the
diminution of traffic, and therefore, a reduction in air pollution.61 One of the findings of the study
conducted by Giovanis was that with the implementation of teleworking, the number of people
traveling alone in their cars decreases and therefore reduces vehicular congestion, and the use
of fuel; generating a positive impact on air quality.62
Furthermore, teleworking not only generates benefits concerning fuel consumption and carbon
dioxide emissions. It also has indirect effects on the environment, such as having more efficient
Technology, Work and Employment 18, no. 3 (2003), pp. 196-211.
58 Eurofound and the International Labour Office, Working Anytime, Anywhere: The Effects on The World of
p.37.
Technology, Work and Employment 18, no. 3 (2003), pp. 196-211.
60 R Karasek and T Theorell, Healthy Work: Stress, Productivity, and the Reconstruction of Working Life (New York:
Basic Books, 1990).
61 Eleftherios Giovanis, "The Relationship Between Teleworking, Traffic and Air Pollution", Atmospheric Pollution
Research 9, no. 1 (2018), pp. 1-14.
62 Ibid.
16
traffic patterns by reducing congestion in peak hours. Thus, it helps to reduce the demand for
additional infrastructure, which leads to a diminution in the use of materials and natural
resources.63
The protection of the environment is one of the most important drives for the national governments
for promoting telework as a public policy. For instance, in Finland, teleworking has appeared in
the government' programs since the 2000s. Although at first, the policy was based on the balance
between life and work, it has been changed to included environmental considerations. The Finnish
Environment Institute established a national teleworking day in 2011.64
2.4.1.8. Inclusion in the labour market for people in disadvantaged situations
Due to the flexibility that teleworking allows, it can be a handy tool to implement labour inclusion
policies for those who are disadvantaged. Indeed, Teleworking offers the possibility of having a
workplace free of spatial and temporal barriers that can facilitate access to the labour market.65
For instance, in Hungary, telework is a component of an active labour market inclusion program
that aims to support people in disadvantaged conditions such as people with disabilities.66
On this matter, the benefits of telework for employees can be seen from two perspectives. First,
as a mechanism for increasing the work options for disabled people. Second, as a manner of
improving the quality of life of disadvantaged workers. For example, in the case in which the
worker is under a labour relationship, but it is complicated for him to commute to the office every
day.67
63 Brad Allenby and Deanna J. Richards, "Applying the Triple Bottom Line: Telework and The
Environment", Environmental Quality Management 8, no. 4 (1999), pp. 3-10.
p.46.
65 Michael D West and Jane Anderson, "Telework and Employees with Disabilities: Accommodation and Funding
Options", Journal of Vocational Rehabilitation 23, no. 2 (2005): 117, p.117.
p.47.
67 Paavonen, W., & Paavonen, H. (1998). Telework, good practice for the future! Stockholm: Swedish National Board
for Industrial and Technical Development, p. 135.
17
Notwithstanding the above, the decision to telework for those employees with disabilities should
correspond to their desire and should be aligned with their interests and their personality. 68
Otherwise, teleworking can become a policy that isolates people with disabilities from the rest of
their colleagues and can be translated into a discriminatory policy. In effect, organizations cannot
impose on their workers with disabilities the obligation to perform their functions outside the office
to save the costs associated with adjusting company facilities to make it suitable for employees
with disabilities.69
2.4.2. Drawbacks of teleworking
On the other hand, teleworking may have some adverse effects, both on workers and
organizations. Following, the most relevant drawbacks of this modality of work will be addressed.
2.4.2.1. Blurring boundaries between home and work
As it was indicated above, teleworking can contribute to the balance between personal life and
work. Nevertheless, the possibility of performing work from home paradoxically can become a
source of imbalance in personal life and work. 70 In order to understand how teleworking can
negatively impact the balance between work and personal life, it is useful to understand the
concept of the boundary between these two spheres of a worker's life.71 Indeed, the boundary is
a phenomenon that involves the spatial and temporal separation between home and work.
Additionally, it involves a psychological component in which the employee put the effort in
achieves a mental distance between work and personal activities.72
68 West, M., & Anderson, J. (2005). Telework and employees with disabilities: Accommodation and funding options.
Journal of Vocational Rehabilitation, 23(2), p. 121.
69 Walter Paavonen and Hilkka Paavonen, Telework, Good Practice for the Future! (Stockholm: Swedish National
Board for Industrial and Technical Development, 1998), p 134.
70 Valerie J. Morganson et al., "Comparing Telework Locations and Traditional Work Arrangements", Journal of
Managerial Psychology 25, no. 6 (2010), pp. 578-595.
71 Ibid.
72 Terry Hartig, Camilla Kylin and Gunn Johansson, "The Telework Tradeoff: Stress Mitigation Vs. Constrained
Restoration", Applied Psychology 56, no. 2 (2007), pp. 231-253.
18
In a study conducted by Sullivan and Lewis, the results show that teleworkers involved in it had
led to a breakdown in the psychological distinction between work and family.73 In that sense,
Russel, Connel, and McGinnity found that working from home may cause a more significant
intrusion of work in family life because work is always present for employees. Therefore, it is more
difficult to leave work in the office, which generates workers the feeling that it is impossible to
disconnect from work. 74 Thus, teleworking not only represents difficulties in distinguishing
between the work and family sphere for the teleworker, but it may also generate confusion for the
family.75 It may be the case of a child who finds difficult to understand that while his father is at
home, he is playing the role of a worker; consequently, he cannot spend time with him.
Although the saving of time in transport between work and home is one of the advantages of
teleworking, sometimes the time spent traveling can be useful to make the transition from work to
the family sphere, as well as setting the limit between the ending of the job obligations and the
beginning of a different activity. Without transportation time, the transition between work and the
personal atmosphere becomes more difficult to achieve.76
Furthermore, having the office at home can lead to longer working hours because workers may
lose the notion of time and find it difficult to differentiate when it is time to finalize the workday. 77
Some studies suggest that teleworking may increase the tendency to work excessively because,
for the employee, it is easier to return to their work sphere since they do not have to overcome
any obstacle to do so.78 In the aforementioned report of the ILO, some examples that suggest
that telework often leads to an extension of total working hours are mentioned. Among those
examples, it is possible to highlight the case of Belgium in which non-teleworkers work an average
73 Cath Sullivan and Suzan Lewis, "Home‐Based Telework, Gender, and the Synchronization of Work and Family:
Perspectives of Teleworkers and Their Co‐Residents", Gender, Work & Organization 8, no. 2 (2001), pp. 123-145.
74 Helen Russell, Philip J. O'Connell and Frances McGinnity, "The Impact of Flexible Working Arrangements on Work-
Life Conflict and Work Pressure in Ireland", Gender, Work & Organization 16, no. 1 (2009), pp. 73-97.
75 Nicole B. Ellison, "Social Impacts: New Perspectives on Telework", Social Science Computer Review 17, no. 3
(1999), pp. 338-356.
76 Cath Sullivan and Suzan Lewis, "Home‐Based Telework, Gender, And the Synchronization of Work and Family:
Perspectives of Teleworkers and Their Co‐Residents", Gender, Work & Organization 8, no. 2 (2001), pp. 123-145.
77 E. Jeffrey Hill, Alan J. Hawkins and Brent C. Miller, "Work and Family in The Virtual Office: Perceived Influences of
Mobile Telework", Family Relations 45, no. 3 (1996), p. 293.
(1999), pp. 338-356.
19
of 42.6 hours per week compared with teleworkers that work an average of 44.5 hours per week.
Similar results can be found in Japan in which employees who telework spend 2,6 hours per week
more than non-teleworkers. In South America, a study conducted by the Center of Studies for
Transformation (CENIT by its acronym in Spanish) reported that in Argentina, 30% of the
employees work longer when they work from house.79
2.4.2.2. Isolation
In the literature related to telework, it is possible to identify that isolation is one of the main
drawbacks of this modality of work.80 The Eurofound report New forms of employment concluded
that the feeling of loneliness is one of the more significant difficulties regarding teleworking. 81
Indeed, telework reduces the interaction with the colleagues and work environment, and in some
cases may lead to feeling of loneliness, isolation, and a growing desire to escape the ‘same four
walls’.82
The feelings associated with isolation are originating in the fact that the workplace is a valuable
space for sharing information, social networking, and establishing friendships.83The lack of these
interactions may bring some personal and psychological consequences for the employee. In a
study conducted by Crosbie and Moore, one of the teleworkers stated that it is easy to sit in your
office and be de-motivated and have no one there to gee you up and that kind of thing.84 In the
same study, the authors found that in order to mitigate this negative effect of teleworking,
employees have developed strategies such as creating spaces to socialize with colleagues.85
p.21.
81 Eurofound, New Forms of Employment (Luxembourg: Publications Office of the European Union, 2015).
(1999), pp. 338-356.
83 Patricia M. Sias and Daniel J. Cahill, "From Coworkers to Friends: The Development of Peer Friendships in The
Workplace", Western Journal of Communication 62, no. 3 (1998), pp. 273-299.
84 Tracey Crosbie and Jeanne Moore, "Work–Life Balance and Working from Home", Social Policy and Society 3, no.
3 (2004), pp. 223-233.
85 Ibid.
20
According to the Eurofound report Telework in the European Union, some countries regulation
and collective agreements deal with this adverse effect through establishing specific obligations
to the employers. It is the case of Portugal and Luxembourg, in which the legislation develops
some provisions related to the responsibility of the companies to ensure measures to promote
regular contact with teleworkers and prevent the isolation, as well for assuring them access to the
information of the company.86
2.4.2.3. Managerial resistance
One of the factors that can generate resistance in the implementation of teleworking is the
difficulty of team leaders to control their subordinates due to the fear of loss of control.87 The lack
of trust is an important aspect that may lead managers to fail in the implementation of this way of
working in their teams. This absence of trust is express in fear of not knowing how the employee
is spending his or her time during the workday.88
To overcome this problem, it is necessary a change in the traditional management style for a
management style that focuses on the results. The conventional management style is a legacy of
the industrialization and the work system in the factories. In this system, there was close and
direct supervision of the managers to the employees.89 The management practice mainly focused
on the processes of how the labour was done. For instance, in this management style is more
important to strictly comply with the working schedule even if that day, the employee is not the
most productive.90
The second factor that may increase the resistance in the managerial team is the need to decide
about the eligibility of who can telework and who cannot and the tensions that this decision may
86 Eurofound, Telework in The European Union (Luxembourg: Publications Office of the European Union, 2010), p. 16.
10.
(1999), pp. 338-356.
89 Ibid.
90 N. B. Fairweather, "Surveillance in Employment: The Case of Teleworking", Journal of Business Ethics 22, no. 1
(1999), pp. 39-49.
21
create.91 Third, teleworking represented a real challenge for team leaders who have to manage
some difficulties regarding the coordination of the tasks and teamwork.92
2.4.2.4. Difficulties in coordinating and organizing the work
As previously it was established, flexibility in the work scheme and the possibility of managing
work tasks more autonomously is one of the characteristics that attract teleworkers, and that
brings them the most significant benefits. Nevertheless, when the teleworker makes use of this
advantage, he may no longer be available for his work environment at the time they require it.
Indeed, while the labour scheme remains rigid in the office, the work requirements arise in that
dynamic, and sometimes the teleworker cannot respond to those needs at the time that is required
because their personal scheme of work is different. 93
This difference between the schedule of the office and the schedule of the teleworker can mean
an important challenge for managers concerning the coordination of their work teams. In other
cases, when the manager is not able to deal with this issue, it may lead to the limitation of the
flexibility, and therefore, losing one of the advantages of teleworking.94
2.4.2.5. The possible negative impact in the workplace environment
In those types of work in which intense contact between employees is required to carry out tasks,
it is much easier to exchange ideas and solve complex problems working in the same physical
space with colleagues. This way of working may be useful to create a sense of community and
belonging to the organization. Working from home can hinder this process of teamwork, and the
company can lose the benefits of it.95
92 Ibid.
783.
94 Ibid.
95 Pasi Pyöriä, "Managing Telework: Risks, Fears and Rules", Management Research Review 34, no. 4 (2011), pp.
386-399.
22
For the team leaders, the main challenge regarding this aspect is to achieve a synergy in their
teams and overcome the impossibility of having an interactive learning environment within the
group. Often, the learning lessons occur spontaneously in the workplace, and they are shared
among colleagues.96 If an adequate management strategy does not accompany teleworking, the
social networking of the company may be fragmented, and the organization may face difficulties
in transmitting the values of the organizational culture to teleworkers.97
Moreover, teleworking may be perceived as a tool that generates inequality between those who
work from home and those who do it in the office. In some cases, this modality is granted as a
sort of privilege to some workers, generating resentment among those who were not selected.98
2.4.2.6. Fewer opportunities for development or promotion
Human resources managers must assure that the organization promotion scheme offers the same
opportunities for workers who performed their duties at the office, and for those who telework.
The possibility of progressing in the career is a sensitive aspect because teleworkers may be in
a weaker position in comparison with non-teleworking employees. Indeed, visibility in the
workplace and the possibility of having face-to-face communication with the team leader may play
an important role to be considered for a promotion. 99 Therefore, teleworkers often believe that
this form of work will decrease their opportunities to advance in their career.100
783.
99 Leslie Haddon and Alan Lewis, "The Experience of Teleworking: An Annotated Review", The International Journal
of Human Resource Management 5, no. 1 (1994), pp. 193-223.
100 Viviane Illegems and Alain Verbeke, "Telework: What Does It Mean for Management?", Long Range Planning 37,
no. 4 (2004), pp.291-292.
23
2.4.2.7. Teleworking is not possible for all workers
Due to the characteristics of teleworking, it is not feasible for all jobs to be developed under this
modality. Indeed, some professions such as factory workers, bus drivers, construction workers,
and nurses must be performed in the organization's facilities. Some jobs required the use of tools
that cannot be transferred to each worker's home, e.g., large production machines. In other cases,
the need for the service is exclusively outside the home, e.g., patients in a hospital who require
face-to-face attention from the nurse, or the impossibility of constructing a building in one place
different from what is needed.101
Besides, according to the results of the European Working Conditions Survey carried out in 2015,
the majority of workers who perform their duties outside the company are those who are highly
educated and who are in high-level professions. This fact can be explained because this type of
professionals usually enjoys a high degree of autonomy, which allows them to develop their work
without the need for constant supervision.102
2.5. Chapter summary
Although teleworking has gained popularity in recent years, it is a complex work modality which
has been used for a long time. Many professional studies that have been carried out to the date
on the matter have shown that this modality of work not only involves benefits; it also has some
drawbacks associated with it.
In fact, telework is a selective manner of performing work, bearing in mind that not all professions
can be executed through telework, and not all workers have the abilities required for teleworking.
For that reason, adequate implementation of telework requires to take into account multiple
factors such as the culture of organization and workers, the managing skills, technological tools,
etc. Undoubtedly, telework is not a policy that can be just be implemented with the purpose of
following a tendency.
pp. 17-18.
102 Ibid.
24
Based on the above, it is possible to infer that the rationale of telework is associate to the benefits
that it can represent for employers, workers, and even for society. Indeed, the literature review
allows identifying that the most significant advantages of telework are: flexibility, increasing of
motivation and productivity, the balance between personal life and work, cost savings, and the
improvement of the environment.
25
CHAPTER 3 – TELEWORK: THE COLOMBIAN CASE
This section aims to approach telework from the perspective of the Colombian case. For that
purpose, it is intended to address the legislation and its main contributions, the mechanisms that
have been developed for the implementation of telework, and the current status of telework in the
country; based on a revision of the law, guidelines and statistics; in order to determine whether
Colombia has developed mechanisms for the implementation and promotion of telework.
3.1. Legal framework
Teleworking was introduced for first time in the Colombian legal system in 2008 with the enacting
of the law 1221 (which establishes rules to promote and regulate teleworking) by the Congress.
According to the explanatory statement of the law, the regulation emerged as a response to the
globalization, social demands, improvement of technology, and the necessity of designing
innovative schemes of work regarding efficiency. In addition, it was created as a mechanism to
promote formal employment through the use of emerging technologies.103
Notwithstanding, the law mentioned above limited its scope to the general framework of
teleworking, and it did not establish mechanisms for the implementation of telework. For that
reason, in 2012, the government introduced an additional legal instrument, Decree No 884 (which
regulates and develops law 1221 of 2008), to regulate the functioning of telework in the country.
Moreover, it developed dispositions to guarantee equality between ordinary workers and
teleworkers in both public and private sector.104
As a matter of fact, telework was defined in Colombian law as “a mechanism of labour

organization, which imply the performing of paid activities or the providing of services to third
parties through the use of technology as a tool for the interaction between the worker and the
company, without requiring the physical presence of the worker in a specific workplace”.105 Thus,
from the definition, some characteristics allow a better understanding of what the legislator
stipulated as teleworking. First, it implies a labour activity that is developed outside the work floor
103 Colombian Official Gazette of The Senate No 544 (Gaceta Oficial del Senado Colombiano), 2006.
104 Colombian Decree No 884 (Which Regulates and Develops Law 1221 Of 2008), 2012.
105 Colombian Law No 1221 (Which Establishes Rules to Promote and Regulate Teleworking), 2008, Article 2.
26
where the company has centralized its processes. Second, it involves the use of technology to
facilitate the communication between employers and employees without the need of being in a
specific workplace; and third, telework is a disruptive labour organization which requires the
implementation of new mechanisms for interaction inside companies. This definition is similar to
the one proposed by the ILO on its elements, as it was developed in Chapter 2.
Besides, the Decree mentioned above added an element to the definition by establishing that
teleworking is only possible under an employment contract, i.e., telework is allowed to those
workers that are linked through a dependent labour relation.106 Therefore, modalities of work like
those developed by self-contractors, self-employees, freelancers, and crow-workers were not
included in the legal scope of telework.
Indeed, the law also developed three modalities of teleworking, regarding the workplace, the task
to be executed, and the worker profile. Firstly, Autonomous Telework, which refers to workers
who use technology for the development of their functions, running them from any place. Secondly,
Supplementary Telework, which includes workers who alternate the execution of their tasks
during the week between the company workplace and any other location outside the work floor
through the use of technology (it requires at least two or three days of telework per week). And
thirdly, Mobile Telework, which refers to workers who use mobile devices to execute their tasks,
for which they do not have a specific workplace.107
Regarding working conditions, teleworkers shall have the same rights, obligations, and
guarantees that the rest of the employees. Employers have a duty of providing equal treatment in
terms of remuneration, training, access to better job opportunities and any other fundamental
labour rights, including the respect of the worker’s privacy. i.e., an employee cannot lose any right
for the sole reason of being a teleworker.108 Moreover, teleworkers must be affiliated to the health,
pensions, and labour risks systems. During the affiliation process, the company shall report to the
labour risks entity the condition of the employee (teleworker), to implement all corresponding
measures. 109 In addition, the employer must provide specific and necessary working tools
106 Colombian Decree No 884, 2012. Article 2.

107 Colombian law No 1221, 2008. Article 2.
109 Ibid. Articles 7 - 9.
27
(hardware or software) for the duties’ performance and shall implement appropriate access and
control measures to ensure data protection in the equipment and applications delivered.110
Also, companies must notify the Ministry of Labour whenever they hire an employee in the
telework fashion, to keep a registry of teleworkers in the country.111 Nonetheless, it is essential to
highlight that teleworking as a flexible work modality in Colombia has volunteer character, both
for employers and employees; and for that reason, it can be reversible.112
As of last, it is essential to remark that the Colombian Constitutional Court reviewed the validity
of law 1221 of 2008 to determine its correspondence with the Constitution. It ruled that the law is
according to the Constitutional Chart provided that it is understood that trade unions also can
participate in the design and implementation of telework policies jointly with the governmental
entities and private institutions.113
3.2. Implementation of telework
The government of Colombia expressly delegated by law to the Ministry of Information

Technologies and Communications, jointly with the Labour Ministry. The promotion of telework in
the country, for which it assigned, among others, the function of appropriate, massify, and
disseminate the culture of telework through the development of plans and programs to increase
the access and the use of the information and communication technologies.114
For that purpose, the entities in charge issued the guidelines for the promotion and
implementation of telework through the denominated “White Book” which develops the ABC of
telework, including the definition, the modalities, characteristics, benefits, challenges,
technologies, legal issues, among others essential aspects that constitute the backbone of the
telework.115
110 Ibid. Article 5.

111 Colombian law No 1221, 2008. Article 7.
113 Case C-351 (Colombian Constitutional Court 2013).
115 The White Book: ABC of Telework in Colombia (El Libro Blanco: ABC del Teletrabajo en Colombia), ebook, 3rd ed.
(Bogotá: Ministry of Information Technologies and Communications (Ministerio de las Tecnologías de la Información y
28
The implementation of teleworking in Colombia targeted as challenges the control of tasks,
productivity measurement, costs, organizational change, and technology needs. 116 Regarding
those aspects, some plans have been implemented, as follows:
3.2.1. Technologies for teleworking
Technology is inherent to telework, as it is the essential tool which allows this modality of work.
However, it goes further than the use of devices or the internet to connect people at a distance.
In fact, technology is composed of: First, infrastructure which supports the operation of the
organization; basically, it refers to servers, work platforms, and systems which allow connectivity.
Second, devices as tools that bridge communication between workers and organizations; for
instance, computers and smartphones. Third, applications which are software designed for the
development of tasks, monitoring, and communication, such as video call, social network, e-mail,
etc. Final, the content, which refers to the information available for teleworking, for example,
information uploaded in the cloud that can be accessed remotely.117
In terms of infrastructure, some initiatives have been come along in Colombia to promote telework.
Among them, it is possible to stand out the spectrum allocation for mobile internet, development
of infrastructure in rural zones such as fiber optic networks, and the implementation of free internet
access points. Furthermore, regarding applications, the government has promoted and
accompanied initiatives for the strengthening the Information Technology (IT) industry and
boosting the development of applications for Micro, Small and Medium-Sized Enterprises
(MSMEs). On the other hand, promoting telework not only implies the development of
infrastructure and applications, aware of this, the government has also come along with projects
to subsidize internet to people of low social scales, the massification of free internet terminals and
reduction of Value Added Tax (VAT) for the internet.118
Currently, in Colombia, it is possible to highlight the implementation of some technologies which

allow the promotion of teleworking. Firstly, regarding telecommunications, the country has fixed
las Comunicaciones)), accessed 30 June 2019, https://www.teletrabajo.gov.co/622/articles-

8228_archivo_pdf_libro_blanco.pdf.
116 Ibid.
117 Ibid. pp. 68 – 69.
118 Ibid. pp. 72 – 73.
29
transmission systems such as wired systems, radio systems, and satellite systems. Moreover, it
has mobile transmission systems from the second generation (2G) to fourth generation (4G).
Besides, nowadays, the entrance of the fifth generation (5G) system has started to be
discussed.119
Second, in terms of devices, many technologies have been introduced regarding telephony,
image and video, and computing. It is possible to show up the following: analog phones, mobile
phones, smartphones, fax, scanners, digital cameras, webcam, snapshot messaging software,
videoconference systems, desktops, laptops, and tablets.120
Final, regarding applications, companies have reported to the Ministry of Information

Technologies and Communications the development of applications for different functions related
to teleworking. For instance, applications for control and time report, task tracking, information
sharing, contacts unification, monitoring, and geographic location, among others.121
From the above, it is clear that communication technologies are essential tools for the viability of
teleworking. However, in the case of Colombia, the process for the implementation of technology
infrastructure has not been on the radar of the government long, it is relatively new. On this matter,
a study carried out in 2017 by the Colombian Communications’ Regulation Commission (CRC by
its acronym in Spanish), the entity in charge of promoting the free and faithful competition and
investment in information and communications’ technologies; it evidenced the progress of the
country in terms of connectivity and use of communications services. For instance, the number of
mobile Internet accesses reached in 2017 compared to 2012, it grew by more than 200% in these
six years, going from 7.5 million to 25.8 million of connections; in a country with 45 million
inhabitants.122
119 Ibid. pp. 74 – 75.

120 Ibid. pp. 79.
121 Ibid. pp. 80 – 82.
122 Colombian Communications’ Regulation Commission (Comisión de Regulación de Comunicaciones Colombiana
CRC), Report of Information and Communication Technologies Industry (Reporte de Industria Sector TIC), 2017,
https://www.crcom.gov.co/recursos_user/reporteindustria2017.pdf.
30
3.2.2. Cultural change
Colombian culture is deeply rooted in family and work. However, traditional work models have
generated some problems regarding family relationships. Ordinary work modalities require the
compliances of working schedules, as well as the performance of functions in the specific
workplace provided by employers. Those aspects, added to the commuting to work during the
working days, it makes that the time to attend personal commitments and share with family is
limited. Nevertheless, teleworking has appeared as a new work modality, indirectly helping to
solve the absence of parents at home at the same that they are allowed to comply with their work
obligations.123
Although the benefit pointed out above, teleworking in Colombia has been addressed as an award
to the confidence between employers and workers. So, trust is a determining factor for the
application of this labour modality. In fact, the employees who usually classified for telework are
those with high standards of responsibility and discipline. Moreover, commitment to the
organization is also required for teleworking.124
Indeed, great efforts are needed in Colombia to change the employer’s mindset in order to create
an environment of trust and discipline that allows the implementation of teleworking on a large
scale. For that purpose, the White Book developed a complete process for the adoption of
telework that contemplates different stages such as institutional commitment, planning, self-
evaluation, and pilot tests. Regarding cultural change, the planning and the tests constitute the
main stages, as it involves the definition of personal and professional standards for the selection
of teleworkers, training, accompaniment and constant monitoring in order to identify strengths and
weaknesses.125
123 Carlos Arturo Moreno Orduz, Teleworking: A Sensitive Change in Work Habits (Teletrabajo: Un Cambio Sensible
en las Costumbres Laborales), ebook (National Government Publication, 2014),
https://www.procuraduria.gov.co/iemp/media/file/Teletrabajo%20cambios_docx.pdf.
124 Carlos Arturo Moreno Orduz, Self-Regulation And Trust, Indispensable Complements in the Implementation of
Teleworking (La Autorregulación y la Confianza, Complementos Indispensables en la Implementación del Teletrabajo),
2014, https://www.procuraduria.gov.co/iemp/media/file/Innova%2020%20web.pdf.
125 The White Book: ABC of Telework in Colombia (El Libro Blanco: ABC del Teletrabajo en Colombia), ebook, 3rd ed.
(Bogotá: Ministry of Information Technologies and Communications (Ministerio de las Tecnologías de la Información y
las Comunicaciones)), pp. 20-22, accessed 30 June 2019, https://www.teletrabajo.gov.co/622/articles-
31
In the manner in which the implementation of telework in Colombia is proposed, in the planning
stage is necessary going through an awareness process that focuses primarily on the leaders of
the organization to involve them in the project and seek their active participation. It is essential
because the implementation of telework requires that managers be aware of the responsibility
involved in the adoption of new forms of work, the care needed in the selection of personnel and
the accompaniment and support that must be provided to workers who perform functions under
this modality.126
Besides, the pilot test is the first practical approach to the change workers and organizations
mindset. In this stage, the project is socialized directly with the workers of the organization.
Moreover, training and measurements take place at this phase. Nevertheless, those steps do not
only involve workers who are going to perform functions through teleworking, but it also requires
to implicate the remaining dependencies, bearing in mind that they also need to adapt to the
changes inherent to telework. For instance, work interaction between ordinary employees and
teleworkers change from personal to technological.127
Undoubtedly, the cultural change, both in society and in organizations is a complex process;
however, the government has been supporting the implementation of telework in the country, for
which through the Ministry of Information Technologies and Communications has provided advice,
training, and accompaniment to public and private organizations on the benefits and challenges
of teleworking. On this matter, it is important to highlight that the referred Ministry launched an
alliance for the implementation of telework in Colombia directed to public and private companies,
which to the date has been ratified by 519 companies. Basically, with the execution of the
agreement, companies get the above-mentioned support.128
3.2.3. Impact on society
In addition, teleworking has also been seeing in Colombia as a mechanism to contribute to

sustainability and a path for promoting innovation. In that regard, teleworking has been
implemented in the country for different purposes beyond the private interest of the companies.
126 Ibid. pp. 29 – 36.

127 Ibid. pp. 47 – 60.
128 "Agreement on Telework (Pacto por el Teletrabajo)", Teletrabajo.gov.co, accessed 30 June 2019,
https://www.teletrabajo.gov.co/622/w3-article-8105.html.
32
For instance, the Ministry of Information Technologies and Communications, the Labour Ministry,
the Medellin’ Mayor’s Office, and Argos Group (private holding), subscribed an alliance in 2015
for the implementation of telework as a mechanism for contribute to a sustainable region,
encourage innovation and the use of technology. Moreover, it was thought as an alternative to
improve mobility in the cities which groups the Metropolitan Area of Medellin, and in enhancing
the quality of life of people.129 Some similar initiatives have been adopted by other cities such as
Bogota, for combating mobility and pollution problems.130
Indeed, the Colombian Administrative Department of Public Function issued in 2014 an opinion
on the interpretation of teleworking legislation and policies. Answering about the purpose of
teleworking implementation, it expressly indicated that the application of telework in the public
sector aims at first, to improve the living standards of public employees; second, the use of
information technologies; third, to improve the mobility of cities and reduce traffic; and finally to
contribute to the environment.131
3.2.4. Some samples of companies implementing telework
Following, a brief mention to a couple of cases of companies which have been leaders on the
implementation of telework in Colombia, after the enacting of the legislation; both, in private and
public sector in different fields such as, education, financial, and commercial.
3.2.4.1. Superintendence of Industry and Commerce
After Decree No 884 was enacted in 2012, the Superintendence of Industry and Commerce
decided to become a pioneer entity in the implementation of telework in Colombia, for which it
129 "In the day without a car, Teleworking is Promoted as a Policy of Innovation and Sustainability - Ministry of
Information Technology and Communications (En el día sin carro se promueve el Teletrabajo como una política de
innovación y sostenibilidad - Ministerio de Tecnologías de la Información y las Comunicaciones)", Mintic.gov.co, 2015,
https://www.mintic.gov.co/portal/604/w3-article-9078.html.
130 "Teleworking, a Labor Practice that Advances in Bogotá | General Secretary Mayor's Office of Bogotá (El Teletrabajo,
Una Práctica Laboral que Avanza en Bogotá | Secretaría General Alcaldía Mayor De
Bogotá)", Secretariageneral.Gov.Co, 2019, https://secretariageneral.gov.co/noticias/teletrabajo-practica-laboral-
avanza-bogota.
131 Colombian Administrative Department of Public Function (Departamento Administrativo de la Función Pública).
Concept 160171, ebook, 2014, https://www.funcionpublica.gov.co/eva/gestornormativo/norma_pdf.php?i=63681.
33
designed a pilot implementation plan for teleworking which was adopted by the Resolution No
59536 the 2 of October of 2012. The implementation of telework started with 10 workers of 599
in total, of which 6 were women and 4 men.132 In 2014, the amount of teleworkers had increased
to 48, which represent the 8% of the total workers of the entity.133 In addition, it is one of the
entities that subscribed the alliance for the implementation of telework promoted by the Ministry
of Information Technologies and Communications.
3.2.4.2. EAN University
The university is also a pioneer on the implementation of telework in Colombia, starting in 2008
after the expedition of the law 1221. The modality of teleworking adopted by the University is the
so-called supplementary telework and it is used by professors, IT support, and administrative
personnel. The implementation of telework started with 12 workers, and by 2015 the number had
increased to achieve 30% of the workers.134
3.2.4.3. Bancolombia
The bank started a pilot teleworking program in 2012 with 30 employees, a process that today
allows 1.542 employees of the organization to work in this modality, which represent around the
5% of workers of the company. According to Bancolombia, teleworking helps to improve the
productivity, flexibility, efficiency, inclusion, contribution to the environment, the improvement of
the quality of life and the contribution to mobility in cities such as Bogota, Medellin, Cali, and
Barranquilla. Moreover, telework decreased the levels of absenteeism due to general disability in
women, by an average of 89 days per 1,000 employees.135
132 Superintendence of Industry and Commerce, Teleworking Report, 2013.

133 Superintendence of Industry and Commerce, Teleworking Report, 2014.
134 "EAN University, A Pioneer In Teleworking - Universidad EAN, Pionera en Teletrabajo | Noticias | Universidad
EAN", Universidad EAN, 2015, https://universidadean.edu.co/noticias/la-universidad-ean-pionera-en-la-promocion-e-
implementacion-del-teletrabajo.
135 "1,500 Teleworkers In Bancolombia (1.500 Teletrabajadores En Bancolombia)", Grupobancolombia.com, 2017,
https://www.grupobancolombia.com/wps/portal/acerca-de/sala-prensa/noticias/responsabilidad-social-
ambiental/bancolombia-cuenta-con-mas-de-1500-teletrabajadores.
34
3.3. Current status of telework
The current status of teleworking in Colombia will be mainly determine based on the “Fourth Study
of Penetration of Teleworking in Colombian Companies” for the year 2018, carried out by
Colombian Digital Corporation and the National Consulting Center in association with the
Colombian Ministry of Information Technologies and Communications, as it is the most recent
official study on the matter, as well as it was supervised by the governmental entity in charge of
promoting the implementation of telework in the country.136
3.3.1. Teleworkers
According to the study, the current number of teleworkers in Colombia is 122.278, which represent
a significant increase in the last four years bearing in mind that in 2012 the number amounted to
31.553. The result shows that the number of teleworkers in the country was multiplied almost by
four. Moreover, the report reveals that the main cities have a higher number of teleworkers,
leading by Bogotá with 63.995, followed by Medellin with 29.751 and by Cali with 13.379. Contrary,
small cities such as Armenia, Valledupar, Neiva, and Ibague have the lowest amount of
teleworkers in the country with 242, 428, 725, and 731, respectively. 137

137Fourth Study of Penetration of Teleworking in Colombian Companies (Cuarto Estudio de Penetración de Teletrabajo
en Empresas Colombianas) (National Consulting Center Colombia Digital Corporation - Ministry of Information
Technology and Communications (Centro Nacional de Consultoría Corporación Colombia Digital - Ministerio de
Tecnologías de la Información y las Comunicaciones), (2018), p. 5. https://www.teletrabajo.gov.co/622/articles-
75985_archivo_pdf_estudio_teletrabajo.pdf.
35
Source: Fourth Study of Penetration of Teleworking in Colombian Companies
In addition, the study concluded that the highest number of teleworkers are in the service sector
(86.116) while in the commerce sector that amount is not far from a quarter in comparison with
the service sector (26.4440).138 Nevertheless, those statistics need to be analyzed taking into
account the total number of workers in Colombia that according to the National Administrative
Department of Statistics (DANE by its acronym in Spanish) is 22’164.000 of 45’000.000
inhabitants, which allow to conclude that teleworkers represent less than 1% of the total workers
of the country.139
3.3.2. Companies implementing telework
The number of companies implementing telework in Colombia has steeply grown in the last five
years from 4.292 in 2012 to 12.912 in 2018. Moreover, the small-sized companies cumulate the
72% (87.439) of teleworkers in the country, followed by the medium-sized companies that have
138 Ibid.
139 Ibid. p. 20.
36
the 21% (25.918) of teleworkers, thus, big companies have the lowest rate of teleworkers with
only the 7% (8.921) of the total amount of teleworkers in Colombia.140
The study also provides information about the departments inside companies promoting
teleworking, from which is possible to identify that management and administrative departments
have encouraged the implementation of telework more than departments such as human
resources and commercial. Furthermore, companies have informed that they have experimented
some benefits derivate from the implementation of telework such as the increase of productivity,
cost saving, higher motivated workers, increase of efficiency and positive impact in work
environment.141
Final, regarding hierarchy, the report indicates that the greatest number of teleworkers perform in
medium positions (directors, heads of departments, coordinators) while the rest are located in
equal proportions in low levels (operators) or at high levels (presidents and managers).142
3.3.3. Modalities of teleworkers
According to the study, the most used teleworking modality is so-called autonomous telework,
which is used by 37% of the total teleworkers in Colombia, followed by supplementary telework
which is used by 34% of teleworkers, and the less used modality is mobile telework which is used
140 Ibid.
141 Ibid.
142 Ibid.
37
by 29% of the total amount of teleworkers in the country. Also, the 74% of teleworkers develop
their work in their domicile.143
Besides, regarding the tools used for teleworking, the most used are the following: red mobile,
instant messaging, video conference, conference call, and email. In addition, the most used
applications are: skype, WhatsApp, google hagouts, joinme, teamviewer, gotomeeting, Microsoft
excel, trello, wunderlist, among others.144
Once analyzed teleworking in Colombia from different perspectives, it is possible to define some
facts:
 The government has made remarkable efforts for the improvement and updating of the
technological infrastructure.
 Teleworking legislation and policies develop a broad framework for the conceptualization and
implementation of telework in the Country. Moreover, it is respectful of teleworkers’ rights.
Nonetheless, the legal framework does not contemplate economic, tax, or any other kind of
benefits which encourage the implementation of teleworking.
 The application of teleworking has been growing in Colombia in recent years; however,
compared to the macro figures, the adoption of this work modality is still very insignificant. On this
matter, it is observed that the measures developed to generate a cultural change require more
143 Ibid. pp. 12-13.

144 Ibid.
38
development and incentives. For instance, some plans are needed to fulfill the mandate of
inclusion of disabling workers stated by law.
As it happened in the United States, apparently the reasons for which teleworking has not
exponential growth in Colombia, go beyond technology, economy, and even legislation. It seems
to be more related to a cultural issue linked to the lack of trust and the necessity of organizations
and managers to directly supervise work.145
145 Brad Allenby and Deanna J. Richards, "Applying the Triple Bottom Line: Telework and The
Environment", Environmental Quality Management 8, no. 4 (1999), pp. 3-10.
39
CHAPTER 4 – TELEWORK: EUROPEAN UNION AND THE NETHERLANDS
This section aims to approach telework from the perspective of the European Union. For that
purpose, it is intended to address, firstly, the European Framework Agreement and its
implementation by the Member States. Secondly, the case of the Netherlands will be approached,
mainly through an analysis of the law, reports, and statistics. The above seeks to determine the
legal framework of teleworking in the European Union and its implementation.
4.1. European Framework Agreement
At the European Union level, teleworking has been regulated through the Framework Agreement
issued in 2002. In fact, the process to achieve this agreement began in 2000 with the purpose of
becoming the European Union the most dynamic and competitive region in the world by the year
2010. Thus, to accomplish that purpose, the modernization of the organization of work was a key
aspect, and regarding that objective, teleworking emerged as one of the modalities that would
contribute to the mentioned modernization. For this reason, encouraging its use and assuring
appropriate legislation at Union level became important for the heads of the EU government. 146
4.1.1. Background
In 2001, the commission included teleworking in the consultation document for the social partners.
The Commission’s aim was to increase employment rates, improve the quality of life of workers,
facilitate a balance between job security and flexibility, and achieve better levels of productivity.147
After the negotiations between the employers' representatives (SMEunited - UEAPME, Union of
Industrial and Employers' Confederations of Europe - UNICE, and the European Centre of
Employers and Enterprises providing Public Services and Services of general interest - CEEP)
and the employees’ representatives (European Trade Union Confederation - ETUC), in July 2002,
they signed the European Framework Agreement on Telework. It was the first time that the social
partners decided to apply the faculties granted in Article 139 EC Treaty (currently Article 155 of
146 Albert Benschop and Connie Menting, Telework in The Netherlands: From Knowledge to Practice: Country Report
(Brussels: ESF Agency, 2005), p.15.
4 (2008), pp. 511-548.
40
the TFEU) and implement the agreement using their own means. Nevertheless, due to the nature
of the voluntary agreement, it is not legally binding. Therefore, no legal action would be possible
against the Member States that do not comply with it. For that reason, the success of the
implementation depends on the social partners’ negotiation capacity.148
4.1.2. Definition and main characteristics of Telework
The Framework Agreement defined telework as “a form of organizing an/or performing work,
using information technology, in the context of an employment contract/relationship, where work,
which could also be performed at the employer’s premises, is carried out away from those
premises on a regular basis”. 149 The definition of telework developed in the Framework
Agreement plays an important role as it is possible to infer the main characteristics of this modality
of work. First, the use of technology for the development of work. Second, it can be performed
only through the existence of an employment relationship. Third, regularly, the work is carried out
outside the employer's facilities.
This definition is similar to the one proposed by the ILO on its elements. Specifically, in the
requirement of the use of technology and the performance of the work outside of the employers'
premises. Nevertheless, the definition of the Framework Agreement emphasizes that there must
be an employment relationship framed within an employment contract and includes the element
of regularity. This element might exclude one of the categories of teleworkers described by the
ILO and developed in chapter two, which are the occasional teleworkers.
4.1.3. Volunteer character
On this matter, the Framework Agreement states that teleworking is voluntary for the parties and
if they agreed on the use of that arrangement, the employer must provide the worker in writing
with all the relevant information to carry out their functions under this modality. According to the
Framework Agreement, there are two ways in which telework can be agreed. The first is
148 Ibid.
149 Framework Agreement on Telework (Brussels, 2002). Article 2.
41
establishing from the job description before setting the employment relationship. The second
corresponds to a subsequent agreement between the parties.150
In the case in which teleworking is not established in the job description, the employee has the
right to refuse to telework, and it cannot be dismissed for that reason. On the other hand, if
teleworking is agreed, there is also the possibility of reversing the arrangement; consequently,
the employee would return to the work floor. The conditions for the withdraw must be established
in an individual or collective agreement.151
Some of the member states have developed this provision detailing the causes and modalities of
reversibility. Among national laws, it is interesting to point out that in Poland, there is a three-
month adaptation period in which it is possible to terminate teleworking unilaterally. 152 Moreover,
regarding the decision of telework, the United Kingdom established that employees have the right
to request telework. On this matter, it is essential to clarify that, given the voluntariness of telework,
the employer does not have an obligation to grant teleworking, but he must study the application.
153
The same provision has been applied in the Netherlands. 154
4.1.4. Employment conditions
The Framework Agreement also refers to other aspects such as conditions of employment, data
protection, training, and privacy. In this regard, the agreement highlights that teleworkers have
the same rights as non-teleworkers.155 Thus, in all Member States, this principle has been held,
and in some of them, it has been developed in more detail seeking to ensure that teleworkers are
not affected in their rights because of their labour modality condition.156

151 Ibid.
152 ETUC, UEAPME/UNICE & CEEP, Implementation of the European Framework Agreement on Telework: Report by
the European Social Partners (Brussels, 2006), p.18.
153 Eurofound and the International Labour Office, Working Anytime, Anywhere: The Effects on the World of Work
(Publications Office of the European Union, Luxembourg, and the International Labour Office, Geneva, 2017), p.74.
154 The Flexible Work Act (Wet Flexibel Werken), vol. 4 (The Hague, 2016). Article 4.
42
4.1.5. Data protection
Regarding data protection, the Framework Agreement established that the employers must take
measures to protect the data and to inform the teleworker about the rules of the company on that
matter. In turn, the teleworker must comply with those rules.157 In most of the Member States,
data protection has been included in the implementation of telework. 158 Nevertheless, some
concerns about data protection have arisen. For instance, in Greece, some employers’
organizations have shown concerns related to the risk of the leaking of confidential business data
as a consequence of the implementation of telework.159
On this matter, an improvement was made at the European Union level with the enacting of the
General Data Protection Regulation (GDPR), as particular provisions were developed to ensure
the access and processing of personal data. Based on that, companies have to adopt specific
and proper measures to protect the data from loss, alteration, destruction, unauthorized
disclosure, among others.160 For instance, regarding teleworking, employers have to implement
security tools such as software’s for encryption of the information in order to ensure data
protection when it is accessed remotely. Indeed, the GDPR goes further than the Framework
Agreement as impose particular obligations and demands on data protection, as well as
procedures for infringement, etc. While the Framework Agreement was limited to a general
reference to a duty of data protection.
4.1.6. Privacy
Concerning privacy, the Framework Agreement establishes that the employer must respect the
privacy of the teleworker. If a monitoring system is required, it uses must be proportionate to its
objective.161 The privacy issue mainly regards the use of monitoring systems, as employers can
have access to more than teleworkers performance, they can also have input about the activities

159 Eurofound, Telework in the European Union (Luxembourg: Publications Office of the European Union, 2010), p. 19.
160 General Data Protection Regulation (R. 2016/679), 2016. Article 32.
43
developed by workers, and the time spent, both in working and free time (when teleworkers use
company’ equipment).162
In the legislation and agreements of some countries, this provision has been developed by limiting
the circumstances and methods in which the employer is allowed to monitor or intrude in the
privacy of the teleworker. For instance, in Denmark, a sectoral agreement between the social
partners establishes that the only valid reason for accessing the employees' home is for health
and safety reasons. On the other hand, the Labour Code of Poland states that for the employer
to enter the home of the teleworker to examine or repair the equipment, is necessary to obtain a
prior consent granted by the worker.163
The GDPR has also impact on privacy issues. On employment matters, it establishes provisions
according to which employers have to ensure the protection of employee’s rights and freedom,
among others, regarding the planning and organization of work, and equality and diversity at
workplace.164
4.1.7. Equipment
According to the Framework Agreement, as a general rule, the employer must provide and
maintain the equipment that is required to perform the job, unless the teleworker uses his own
equipment. The employer also has to compensate the worker the costs related to the expenses
caused by working at home (e.g., internet and electricity). In turn, the teleworker must take good
care of the equipment and used it correctly.165
In most national legislation, the Member States have detailed the obligations of employers and
employees concerning the use of the equipment. In general, they impose most of the
responsibilities on employers who must provide and maintain the equipment in proper conditions
of use. Health and safety are also frequently linked to this provision since the equipment supplied
162 Hendrickx, Frank. "Privacy, Data Protection and Measuring Employee Performance. The Triggers of Technology
and Smart Work". European Labour Law Journal 9, no. 2 (2018), pp. 99-100.
164 General Data Protection Regulation (R. 2016/679), 2016. Article 88.
44
to the teleworker must guarantee the requirements to protect them in the same way that the
employer should protect their employers when they work in their facilities.166
Notwithstanding, some countries have decided to distribute the responsibilities for the provision
of the equipment in a more balanced way between the parties. For instance, Hungary established
in its labour code that the responsibility to provide the equipment and means of communication
must be agreed between the parties and only in case of not reaching an agreement the employer
must assume these obligations.167
4.1.8. Health and safety
The Framework Agreement states that the employer must comply with the protection of the
occupational health and safety of the teleworkers. Employees have the duty to apply the safety
policies, and for that, the employer can verify the proper application of those. The employer can
visit the place of the teleworker to validate the health and safety conditions. Before, it must send
a notification to the employee and complying with the regulation related to worker privacy.168
The Member States have gone further in this matter detailing the obligations of each party and
establishing instruments for controlling its compliance. For instance, Slovenia legislation requires
to notify the Labour Inspectorate when a worker is planning to work in a different place of the work
floor. The officer has the possibility of prohibited the teleworking if he considers that the place
where the job would be carried out does not comply with the health and safety policies.169 It is
essential to highlight that the Framework Agreement provision regarding health and safety does
not contemplate high mobile teleworkers who have not established a fixed place of work and
provide their services in multiple locations; in that regard, the agreement may require
modification.170
167 Ibid.
170 Eurofound and the International Labour Office, Working Anytime, Anywhere: The Effects on the World of Work
(Publications Office of the European Union, Luxembourg, and the International Labour Office, Geneva, 2017), p.40.
45
Moreover, as it was developed in Chapter 2, the risk of isolation is related to mental health and is
one of the most common threats for teleworkers. On this matter, the Framework Agreement
establishes that the employer must take the measures to prevent isolation such as allowing the
worker to share with his colleagues regularly and giving him access to the information of the
company.171 For instance, some legislation and collective agreements tackle this threat by obliges
the employer to encourage regular contact between the company and workers. It is Portugal case.
Besides, in Germany, the teleworkers covered by some collective agreements must attend a
mandatory regular meeting in the office.172
4.1.9. Implementation
The table below shows an overview of the implementation of the framework agreement by the
Member States of the European Union and the instruments used for that purpose.
Collective Law Collective Guidelines / No instrument

Agreement Agreement and Declarations / for the
Extension Recommendations/ implementation of
Procedure Voluntary the Framework
agreements Agreement
Austria Czech Republic Belgium Germany Bulgaria
Denmark Netherlands France Finland Cyprus
Spain Spain Luxembourg Latvia Estonia
Hungry Poland Netherlands Lithuania
Italy Romania United Kingdom Malta
Netherlands Slovenia
Poland Slovakia
Greece Portugal
Croatia
Table 2. Instruments for the implementation of the Framework Agreement (source: own elaboration based on
Eurofound. (2010). Telework in the European Union. Luxembourg: Publications Office of the European Union).
Update to 2018.

46
4.2. Current status of telework at the European Union Level
The current status of teleworking at the European Union level will be determined based on the
information provided by the innovation and information society unit of the Statistical Office of the
European Union (EUROSTAT), mainly through the database of digital economy and society.
According to the EUROSTAT, by 2017, 5% of the employed people in the European Union, aged
15 to 64, usually works from home whereas 85.1% never perform its job under teleworking. In the
middle, 9.7% of the referred people sometimes work from home.173
The country with the highest percentage of people working from home by the same year was the
Netherlands (13.7%), followed by countries such as Luxembourg (12.7%) and Finland (12.3). On
the other hand, the countries with fewer people performing work from home were Bulgaria (0.3%)
and Romania (0.4%).174
Source: EUROSTAT database of digital economy and society
173 "EUROSTAT - Employed Persons Working from Home as a Percentage of the Total Employment, By Sex, Age And
Professional Status (%)", Appsso.Eurostat.Ec.Europa.Eu, 2017,
http://appsso.eurostat.ec.europa.eu/nui/submitViewTableAction.do.
174 Statistical office of the European Union (EUROSTAT), Working from Home in the EU, 2018,
https://ec.europa.eu/eurostat/web/products-eurostat-news/-/DDN-20180620-1.
47
Moreover, regarding gender, more women (5.3%) in the European Union perform its job through
teleworking than men (4.7%). Besides, regarding age, the highest percentage of people working
from home is located in the range of 50-64-year-old (6.4%), followed by 25-49-year-old (4.7%).
The lowest rate of work from home belongs to 15-24-year-old (1.6%).
4.3. Telework in the Netherlands
The Netherlands is one of the leading countries in the implementation of the European framework
agreement on telework. Although it took some time, the Netherlands has gone further, and it has
developed its own legislation. Following, the case of the Netherlands will be analyzed with the
purpose of determining the current status of the implementation of this modality of work in the
country.
4.3.1. Legal framework
Teleworking was first introduced in the Netherlands in 2001 with the enacting of the Framework
Decree on Telework (Besluit Raamregeling Telewerken). It was a particular regulation of telework
for state civil servants. It conceived telework as the performance of work in the residence of the
civil servant using information and telecommunication technology.175 Besides, it regulates the
procedure for requesting teleworking, as well as the requirements for performing work under this
modality.176 In addition, without further development, it implied a type of mandatory telework as it
made reference to officials who are obliged to telework by virtue of their position; nonetheless,
teleworking was mainly contemplated as voluntary.177
Later, in April 2002, the Working Conditions Decree (Arbobesluit) introduced in the legislation the
concept of homework. Basically, it made reference to the possibility of performing work from home;
175 Framework Decree on Telework (Besluit Raamregeling Telewerken) (The Dutch Minister of the Interior and Kingdom
Relations, 2001). Article 1.
(Brussels: ESF Agency, 2005), p. 15.
177 Framework Decree on Telework (Besluit Raamregeling Telewerken) (The Dutch Minister of the Interior and Kingdom
Relations, 2001). Article 3.
48
however, it expressly excluded from the category of homework activities that for its essence needs
to be performed in a home such as repairs for keeping fit the house.178
In the same year, the European framework agreement came up, and the Foundation of Labour in
the Netherlands (STAR by its acronym in Dutch) initiated some discussions in order to implement
it. The representatives which integrate the STAR (major confederations of trade unions and
employers’ associations) negotiated the implementation, and in September 2003, it resulted in a
formal recommendation. Nevertheless, the STAR recommendation mainly replied the text of the
framework agreement.179 After the recommendation, some trade unions, such as the Netherlands
Trade Union Confederation (FNV) in 2006, included a provision on telework in its Collective
Bargaining Manual.180
Then, in July 2012, the Working Conditions Decree was amended, and the concept of homework
was broadened and turned into a modality of work called location-independent work.181 In fact, it
was understood as the facility of performing work from home or another location chosen by the
employee, outside the establishment of the employer.182
Nonetheless, the scope of workplace flexibility was limited, for which in 2016, the Flexible Work
Act (Wet flexible Werken) was adjusted to the contemporary mechanisms of work. Indeed, the
legislation was a response to the lack of implementation of flexible modalities of work such as
telework due to the deficient contribution on the matter by the collective labour agreements. 183
The Flexible Work Act is the current law on teleworking matters on the Netherlands, for which it
will be approached.
178 Working Conditions Decree (Arbobesluit), 2012. Article 1.1 (5)

179 A.T.J.M. Jacobs, "The Netherlands", in European Framework Agreements and Telework (Alphen aan den Rijn, The
Netherlands: Kluwer Law International, 2007), pp. 200-203.
180 Ibid.
181 Eurofound and the International Labour Office. (2017). Working anytime, anywhere: The effects on the world of work.
Publications Office of the European Union, Luxembourg, and the International Labour Office, Geneva, p. 47.
182 Working Conditions Decree (Arbobesluit), 2012.
183 Bas Rombouts and Nicola Gundt, "Work Place Flexibility: Vice or Virtue? Modern Types of Flexibility and Telework
in Dutch Legislation and Beyond", in Organization, Well-Being and Flexibility in Employment Law: Current Issues
(Prague, 2018), pp. 91-98.
49
Firstly, it defined the workplace as any agreed place that is used by the employee regarding the
performance of work.184Although the law did not expressly define teleworking, from the definition
of workplace is possible to infer that the performance of work is not limited to employer facilities,
it can be performed at any place according to the agreements that can be made on the matter
between employers and workers. In fact, teleworking could be understood as the performance of
work at any place different from the workflow. Therefore, the concept, at least formally, only
targets one of the characteristics of teleworking described on the ILO definition (approached on
Chapter 2), leaving aside the one related with the use of technology.
Secondly, the legislation brought an enormous improvement regarding flexible work as it

developed a right for workers to request, among others, the adjustment of the place of work.185 In
order to guarantee this right, the law established a procedure for requesting the adjustment of the
workplace, including a formal request, a period for the study of the petition by the employer; but,
the most important of all was that it included a burden for the employer in case he refuses the
request. The employer must notify the decision in writing, and it should express the reasons which
motivated it.186 On this matter, some authors have argued that workers can bring the discussion
of the refusal before courts.187
Nevertheless, changes in the workplace cannot be understood as absolute, as from the law is
possible to infer that notwithstanding employer agrees on the adjustment of the workplace that
decision can be reverted, bearing in mind that worker may submit a new request every year.188
In addition, as a protection mechanism for workers, the legislation contains a prohibition for
employers to finish the labour relationship as a consequence of a request for the modification of
the workplace;189 i.e., the worker cannot be dismissed for claim the adjustment of the place for
work.
184 The Flexible Work Act (Wet Flexibel Werken), vol. 4 (The Hague, 2016). Article 1(d).
185 Ibid. Article 2(1-3)
186 Ibid. Article 2(4-14)
(Prague, 2018), pp. 91-98.
188 Ibid. Article 2(3c)
50
Finally, it needs to be pointed out that from the legislation is possible to infer that teleworking in
the Netherlands requires the existence of an employment contract. Basically, the Flexible Work
Act (Wet flexible Werken) in the general provisions establishes that it applies to employers and
employees, and it defines the employer as the person who lets another person (employee)
perform work pursuant to an employment contract.190 Therefore, the reference to employment
contract limits the application of provisions such as the right to request the adjustment of the place
of work to employees.
Even though there is not a compiled legislation on the Netherlands which specially regulate the
labour conditions for teleworkers, the doctrine has identified that, in general, teleworkers must be
guaranteed the same rights and conditions recognized to non-teleworkers. 191 Moreover, to
specific matters, some additional regulations are applicable. For instance, health and safety
issues are covered by the Health and Safety Act (Arbeidsomstandighedenwet).192
4.3.2. Implementation of telework
The implementation of telework in the Netherlands began before the European Framework
Agreement. In fact, many factors have been influencing the implementation of telework in the last
decades. Following, some of those factors will be addressed.
4.3.2.1. Measures for cultural change
The implementation of telework in the Netherlands had its first initiative in the 1990s, specifically
by the private sector, jointly with the sponsorship of the Ministry of Transport, Public Works, and
Water Management (Verkeer & Waterstaat). A non-profit organization was created, the
TelewerkForum, to promote the implementation of telework and boost economic and social
change. The TelewerkForum is in charge of providing free advice to companies, government
entities, and institutions for the implementation of this modality of flexible work. The advice implies
190 The Flexible Work Act (Wet Flexibel Werken), vol. 4 (The Hague, 2016). Article 1(a-b).
191 Frans J. L Pennings et al., Telework in the Netherlands (Amsterdam: Hugo Sinzheimer Instituut, 1996), p. 23.
(Prague, 2018), pp. 91-98.
51
the answering of requests related to telework, such as labour law, social security, taxes, and
technical issues.193
Moreover, the TelewerkForum gathers and distribute data related to best practices of teleworking
in the country. Currently, The TelewerkForum continues providing advice on teleworking matters
through a digital platform which is regularly updated.194
Besides, the government has also encouraged the implementation of teleworking. Indeed, in the
same period, the Dutch government established two policies that benefit the increase in the use
of information technologies outside the offices. The first policy corresponds to the establishment
of tax benefits for those employers that allowed their employees to work from home. The second
policy was enacted of a regulation called "PC private regulation" (PC-privéregeling) in 1998. This
regulation aimed to allow employees to acquire a computer at a low cost. Many people took
advantage of this benefit and bought computers for use at home.195
In addition, the Ministry of Economic Affairs (EZ) sponsored the creation of a scan which provides
advice about the teleworkable functions. For instance, when an employer considers that some
jobs are not possible to be performed through teleworking, a request can be made, and the
technological tool is able of identifying whether the activities under analysis can be developed
from home or other external places outside the business establishment.196
Furthermore, the Dutch government has adopted additional measures for the implementation of
telework. In fact, a grant for diminution of social security contributions was established by law for
employers who hire disabled people. Moreover, the State provides funds for the adequating of
the workplace for the disabled people in order to allow them to perform the job by telework. 197 In
the same path, the Ministry of Social Affairs and Employment (Ministerie van Sociale Zaken en
193 Katty de Bruin, SUSTEL Case Study NL-02 KPN Telecom (Den Haag, Holland: Sustel), accessed 20 June 2019,
http://webfarm.userve.net/~flexiworker/pdf/Netherlands/KPN.pdf.
194 "Telewerken | Telewerkforum", Telewerkforum.nl, accessed 24 June 2019,
http://www.telewerkforum.nl/blog/telewerken.html.
(Brussels: ESF Agency, 2005), p.p. 16-17.
196 Ibid, p. 20.
197 "Telework in the Netherlands", Eurofound, 2008.
52
Werkgelegenheid) promoted a project called telereturn, which aimed to allocate disable people in
the labour market, and teleworking was one of the mechanism they found useful to achieve that
purpose. 198 Besides, in 2006, the Dutch parliament granted a tax exemption to employers
regarding the cost of internet and telephone used by the employees who performed work at
home.199
Undoubtedly, the implementation of teleworking in the Netherlands has been actively promoted
through multiple measures, both, by public and private sector. It allows inferring that the culture
has been positively adapted to flexible work modalities.
4.3.2.2. Technology
As it has been pointed out, technology is an essential tool for the development of telework. Indeed,
it is the starting point for performing work outside the companies work floor. Nonetheless, the
case of the Netherlands can be considered as a model in those matters. For instance, by 2000,
the country was already recognized for having an advanced technical infrastructure for
teleworking, as it had well-developed services for cable, Integrated Services Digital Network
(ISDN), and internet facilities. In fact, by 2001, the Dutch internet was classified as the second
highest in the European Union.200
Indeed, according to a recent study carried out by the online research agency Multiscope, a
significant number of Dutch families (80%) have broadband internet through the use of modem
or cable. Likewise, free Internet connections have grown in the country. 201 In addition, regarding
teleworking, as it was already mentioned, the provision of equipment for teleworking is not an
issue in the Netherlands. First, the government has developed projects for supporting the
acquisition of equipment intending to encourage teleworking; and second, in any case, the
employer has the duty to provide the equipment necessary for telework. Besides, the
TelewerkForum has remarked that tools such as Dropbox, Adobe Creative Cloud, and Asana,
200 Maarten van Klaveren and Kea Tijdens, Teleworking Policies of Organisations – The Dutch Experience, ebook
(Amsterdam: University of Amsterdam - Digital Academic Repository, 2003), p. 8.
201 John Kivit, "Ontwikkeling Internet Gebruik > Berichten > Nieuws > Organisatie > Multiscope", Multiscope.Nl, 2019.
53
has been used for teleworking, as it allows the communication and sharing of information between
work teams and between employers and teleworkers. 202
From the above, it is possible to conclude that the Netherlands have the technological
infrastructure required for implementing telework. Indeed, it explains somehow the reason for
which the country is a leader on teleworking at the European Union level.
4.3.2.3. Impact on society
In the Netherland, teleworking has not only been considered as a mechanism for the benefit of
companies and workers, but it also has been thought of as an alternative for contributing to the
good in society. In fact, according to the Ministry of Transport, Public Works and Water
Management (Verkeer & Waterstaat) and the Ministry of Housing, Spatial Planning and the
Environment (VROM), policies such as telework contributes to reducing the traffic jam;
consequently, it reflects a diminution of the emission of CO2 gases.203
Moreover, other entities, such as the Ministry of Economic Affairs (EZ) has pointed out that
teleworking may influence the use of information and communication technologies. Besides, the
Ministry of Social Affairs and Employment (SZW) has remarked that flexible modalities of work
like teleworking facilitate the balance of personal life with work; for instance, it allows teleworkers
to perform the job while they can also take care of the family.204
In addition, teleworking has also been seeing as a solution for the housing problem which faces
some cities in the Netherlands, as it allows workers to develop the work from other cities different
than the one where the business is located.205
202 "Telewerken | Telewerkforum", Telewerkforum.nl, accessed 24 June 2019,

203 Albert Benschop and Connie Menting, Telework in the Netherlands: From Knowledge to Practice: Country Report
204 Ibid.
205 Duco de Vos, Evert Meijers and Maarten van Ham, "Working from Home and the Willingness to Accept a Longer
Commute", Springer Berlin Heidelberg, 2018, p. 377.
54
4.3.3. Current status of telework in the Netherlands
The current status of teleworking in the Netherlands will be determined based on the information
provided by the innovation and information society unit of the Statistical Office of the EUROSTAT,
mainly through the database of digital economy and society, as well as from the Labour Force
Survey (LFS) database. Those databases groups the information collected annually by the
National Statistical Institutes in Europe from the model questionnaires on Information and
Communication Technologies (ICT),206 and from the LFS, which collects all the data related to the
labour market characteristics.207
4.3.3.1. Teleworkers
According to the information of the database, by the end of 2018, the Netherlands had the highest
rate of employed people usually working from home in the EU, with a percentage of 14% of the
employed people in the range of 15-64-year-old. Besides, 21.7% of employed people sometimes
perform its job from home, and 64.3% never work from home or other external sites.208
4.3.3.2. Teleworkers regarding gender
Regarding gender, first, females, 12.3% usually perform telework, 22.6% sometimes work from
home, and 65.2% never work from home or other external sites. On the other hand, males, 15.5%
usually perform telework, 20.9% sometimes work from home, and 63.6% never work from home
or other external sites. From the statistic it is possible to infer that in the Netherlands more males
are performing their job through the use of flexible mechanisms such as teleworking than females;
nevertheless, the gender gap regarding telework is not significant.209
206 "ICT Usage in Households and by Individuals (Isoc_I)", Ec.Europa.Eu, 2019,

https://ec.europa.eu/eurostat/cache/metadata/en/isoc_i_esms.htm.
207 "LFS Series - Detailed Annual Survey Results (Lfsa)", Ec.Europa.Eu, 2019,
https://ec.europa.eu/eurostat/cache/metadata/en/lfsa_esms.htm.
208 "EUROSTAT - Employed Persons Working from Home as a Percentage of the Total Employment, By Sex, Age And
Professional Status (%)", Appsso.Eurostat.Ec.Europa.Eu, 2019,
209 Ibid.
55
4.3.3.3. Teleworkers regarding the use of technology
Some statistics show how teleworkers use technology for performing their job. In fact, 11% of the
people who work from home every day or almost every day use computers, portable devices or
computerised equipment or machinery while 53% of workers who perform the job at least once a
week use those technologies. Moreover, 51% of the people who work from home use Internet for
performing its labour duties.210
Once analyzed teleworking in the European Union, and deeply in the Netherlands, it is possible
to define some facts:
 At the level of the European Union, the Framework Agreement has set the backbone for the
implementation of telework. Based on that, most of the Member States have gone further and
have adopted their own instruments (legislation, policies, collective agreements, etc.) for
implementing telework.
 Regarding the Netherlands, it has been one of the leading countries in the implementation of
teleworking through different instruments, such as recommendation made by the STAR, collective
agreements, and legislation. In fact, the Netherlands is the country with the highest rate of
teleworking in the European Union. Besides, the revision of the legal framework of telework in the
Netherlands allows stating that the matter is in constant evolution in order to adapt it to the labour
market changes and needs.
From all the above, it is clear that teleworking is not alien to the European Union legal
framework, and it has become an important issue for the Member States, to the point that they
have been developing different mechanisms to implement this modality of flexible work.
210 "EUROSTAT - Percentage of Individuals Who, At Work, Use Any Type Of Computers, Portable Devices Or
Computerised Equipment Or Machinery", Appsso.Eurostat.Ec.Europa.Eu, 2019,
56
CHAPTER 5 – TELEWORK: COMPARATIVE ANALYSIS OF THE EUROPEAN UNION, THE
NETHERLANDS AND COLOMBIAN LEGISLATION
The purpose of this section is to analyze comparatively the legislation of telework in the European
Union, the Netherlands, and Colombia in order to determine whether Colombian legislation
requires to be improved for promoting the implementation of teleworking in the country. In case it
needs to be improved, some proposals will be developed. The analysis will be based on the
information compiled in the previous chapters through the revision of literature, law, statistics,
among others.
5.1. Legal aspects
Following, some of the main aspects regarding teleworking legislation in the countries under study
will be analyzed to determine the common features, the differences and the possible actions for
improving the existent legal framework in Colombia.
5.1.1. Volunteer character
Undoubtedly, in the legislation under analysis, teleworking as a flexible work modality is voluntary,
i.e., it cannot be imposed by the employer on the workers, and employers are not obliged to grant
telework to workers in all cases. Nonetheless, the Netherlands legislation regulates this matter
deeply through particular provisions.
The Netherlands, as well as the United Kingdom legislation, developed a special provision
according to which workers are entitled to request teleworking as a way of performing the job. On
the other hand, Colombian legislation does not have a provision of this nature for promoting the
implementation of telework in the country.
In fact, the right to request as a legal instrument has some undeniable advantages such as: (i) it
gives workers the opportunity to request telework directly, (ii) it limits employer’s arbitrariness as
they have to study the request and provide a motivated answer, and (iii) it helps to tackle the
managerial resistance as employers through the study of the application can identify the viability
and the advantages associated to teleworking.
57
Although no statistic shows the effects of the right to request in the implementation of telework in
the Netherlands, it is the leading country on teleworking practice in the European Union, for which
it is possible to infer that its regulation is one of the factors that has had a positive effect on it.
Moreover, the right to request does not affect the voluntary nature of teleworking; thus, there is
no adverse effect associated with it.
Considering the above, and bearing in mind that although implementation of teleworking in
Colombia is growing, it is not significant yet, Colombian legislation should be improved by the
establishment of a procedure allowing workers to request teleworking. A provision on this matter
could follow the patterns of the right to request adjustments on the workplace developed in the
Netherlands legislation, which basically has as a relevant features the following: (i) workers can
make a request for telework, (ii) employers have an obligation to study the teleworking demand,
and (iii) the application should be answered motivated and within a specific period of time.
Nevertheless, as personal criteria, provisions such as the right to request should be accompanied
by mechanisms that assure compliance. For instance, the law could establishment the mandatory
constitution of a committee in charge of assessing the denial of telework request made by
employees. The committee should be integrated by, both representatives of the employer and
workers. Besides, the provision could include a guarantee such as the one foreseeing in the
Framework Agreement, according to which the employer cannot dismiss a worker for filling a
petition for teleworking.
Regarding the volunteer character, it is important to highlight that all the legislation analyzed is
uniform in establishing the guarantee of teleworking reversibility, either through an express
provision or through the establishment of review mechanisms. Therefore, there is no doubt of
voluntariness.
5.1.2. Health and safety
Beyond the duty of employers of guaranteeing health and safety conditions to all employees,
regarding teleworking, the Framework Agreement goes further than the Netherlands and
Colombian legislation, as it established provisions for protecting teleworkers’ mental health in
matters such as isolation. Indeed, employers have the obligation of adopting measures to avoid
teleworkers isolation.
58
In fact, as it was remarked in Chapter 2, isolation is one of the threats for employees who decide
to telework. Nevertheless, legislation could be considered as a useful tool to manage this risk,
since it allows the imposition of obligations on employers to keep teleworkers connected to the
work environment. Moreover, the development of legal provisions of this nature can contribute to
motivating teleworking as it provides guarantees for the employees who decide to perform the job
through telework.
Bearing in mind that, Colombian legislation requires to be improved on this matter. For that
purpose, a legal provision similar to the one established in the Framework Agreement should be
developed by the government through the competences granted for regulating the law. Indeed,
the Colombian legal framework requires the establishment of a provision which imposes some
duties to employers. First, an obligation of setting an agenda with teleworkers in order to
periodically agree on face to face meetings in the work floor, which allows teleworkers to interact
with their colleagues; and second, a duty to provide information regularly to teleworkers regarding
company matters.
5.1.3. Equipment
Under an employment contract, the supply and maintenance of the equipment required for
performing the job is the responsibility of employers. Teleworking is not an exception. The
legislations under analysis expressly foreseeing for employers, in general, the duty to organize
the workplace, which includes the providing of equipment and its maintenance. Thus, the use of
teleworkers personal devices for teleworking is not allowed as it escapes to the aim of the law.
Provisions of this nature are reasonable taking into account that companies are those that profit
from the work of employees.
Although legislation is extremely guaranteed on this matter, in some cases, such rigid provision
prevents the implementation of telework, bearing in mind that not all the companies and
employers have the financial resources to support additional expenses on equipment to adapt
remote offices. For that reason, whenever it is employee’s will, they should be allowed to use their
personal devices for teleworking. Exceptions of this nature are reasonable, firstly, as employers
do not have to provide equipment doubly, both for the office and for remote work. Secondly, it
contributes to the encouraging of this modality of flexible work.
59
Nevertheless, Colombia as a developing country is not prepared for implementing exceptions to
employers’ duty of providing equipment. Culturally, the exception could easily become the general
rule as it helps to the reduction of employers’ costs, while employees, in order to enjoy the benefits
of teleworking, will be willing to put their equipment at the service of the companies, although it
does not imply profit for them.
5.1.4. Data protection and privacy
Both, the Framework Agreement, the Netherlands legislation, and Colombian legislation,
expressly develop provisions that seek for the protection of teleworker’s privacy. Moreover, data
protection is also an issue foreseeing in the legal frameworks under analysis, bearing in mind the
importance of ensuring access to information without creating risks for companies.
Although European legislation has gone further on data protection and privacy matters with GDPR,
telework brings difficulties in the practice as it is difficult to ensure the protection of the data
processed by workers in an uncontrolled environment such as the employee's residence. This
aspect requires special attention for the companies when they implement teleworking policies
especially because the GDPR regulation established severe sanctions in case of non-compliance,
such as unauthorized disclosures.
In addition, regarding the employees’ private life, telework also posts difficulties as requiring
different mechanisms of supervision that might invade the worker’s privacy. Moreover, due to the
flexibility in that modality of work, it might be difficult to establish clear boundaries between work
and personal life. Therefore, the employee would face difficulties to disconnect of work on its
private life. Thus, employers required to establish clear policies regarding this matter.211
5.2. Teleworking implementation
Some factors have influenced the implementation of telework in the Netherlands and Colombia.
Nevertheless, as it was pointed out in the previous chapters, the most relevant is associated with
cultural change matters, as it will be analyzed following.
211 Hendrickx, Frank. "Privacy, Data Protection and Measuring Employee Performance. The Triggers of Technology
and Smart Work". European Labour Law Journal 9, no. 2 (2018), pp. 99-100.
60
5.2.1. Measures for cultural change
The cultural change has been an issue on the implementation of telework in Colombia. As it was
broadly described in Chapter 3, the country has been working on the promotion of telework by
providing companion and training to companies through the Ministry of Information Technologies
and Communications. Nonetheless, the success of teleworking implementation mostly depends
on the employer’s mindset, as it requires an environment of trust and discipline. Despite the effort
of the government, the implementation of this modality of work is not significant yet.
On the other hand, in the last decades, the Netherlands has been promoting the implementation
of telework through several measures, which have allowed it to reach the first place in telework
coverage within the European Union level. For instance, the government has established financial
and tax benefits for employers implementing telework as a policy.
For the above, disruptive measures need to be adopted in Colombia for encouraging telework.
The government should study the possibility of granting subsidies or tax benefits to companies
that decide to implement telework, developing supervisory mechanisms which allow it to ensure
the proper allocation of the financial resources. Indeed, measures of that nature have proven to
be successful in Colombia. For instance, through law 1429 of 2010 (law of formalization and
generation of employment), the government granted tax benefits 212 for the formalization of
employment through the establishment of Micro Small and Medium Enterprises (MSMEs). It had
a positive and quick impact on business formalization to the point that between January and
August 2011, more than 174.000 new companies were constituted, which represented an
increase of 9.6% more in comparison with the companies established in 2010.213
In addition, it cannot lose sight of the fact that Colombian law also contemplates teleworking as a
mechanism for labour inclusion of disable people; nevertheless, there have not been advances
on that purpose. On this matter, the Netherlands also has extended financial and tax measures
for labour integration of disabled personnel. Certainly, Colombia should take into consideration
212Colombian Law 1429 (law of formalization and generation of employment), 2010. Article 4.
213 Bulletin of the Observatory of the Labor Market and Social Security (Boletín del Observatorio del Mercado de Trabajo
y la Seguridad Social), ebook (Universidad Externado de Colombia, 2012), https://www.uexternado.edu.co/wp-
content/uploads/2017/01/boletin13-nuevo.pdf.
61
the experience of the Netherlands as an example in order to develop effective measures that
allow it to get the most out of flexible labour policies.
Once compared teleworking in the European Union, the Netherlands, and Colombia, it is possible
to observe that Colombian legislation foreseeing teleworking comprehensively; nonetheless,
some improvements can be made, mainly regarding the right to request and the development of
benefits in order to boost the implementation of telework in the country. Indeed, the legislation
itself is not the only mechanism to encourage flexible work modalities such as teleworking, but it
may contribute significantly to achieve that purpose by increasing guarantees and providing
benefits.
62
CHAPTER 6 – CONCLUSIONS
Once comprehensively analyzed telework, it is possible to point out that it has more and significant
benefits associated than drawbacks, which eventually may arise. In fact, the success of
teleworking depends to a large extent on the tools and instruments available for its implementation,
taking into account that this modality of work involves multiple aspects beyond the legal, it also
implies cultural, psychological, sociological, and technological components, among others.
Certainly, adequate implementation of teleworking requires to take into account cultural aspects
such as employers’ trust; psychological characteristics like workers discipline and responsibility;
sociological factors such as managerial resistance and leadership skills; technological issues like
equipment for working at distance and tools for work tracking. Moreover, the implementation
should take into consideration the requirements imposed by law for the operation of this modality
of work, which usually implies particular obligations, rights, and duties. Even though the
complexity of teleworking implementation, the benefits inherent to it, for employers, workers, and
society can be so representative that drawbacks pass to the background; thus, the risk can be
allocated through the development of control and monitoring policies.
Moreover, despite its benefits, as a fact, not all professions can be exercised through this modality.
Besides, in order to avoid resistance, teleworking exercise requires special skills, both regarding
employers and employees. Employers need managerial and leadership abilities, while workers
require a high sense of responsibility and discipline.
Although legislation is not the only matter involved, it plays an essential role on the implementation
of this modality of work, as it sets the backbone for its application, as well as it can develop useful
provisions for dealing with the possible drawbacks associate to teleworking. Furthermore,
legislation is a convenient mechanism for the promotion of teleworking, as it allows the
development of policies to encourage flexible work through policies such as tax reduction or
financial grants.
Undoubtedly, one of the countries that have achieved a balance regarding the factors involved in
teleworking is the Netherlands. The technological infrastructure, the cultural mindset regarding
flexible work, the legal framework, and the development of policies for promoting telework even
as a mechanism for the good of society; have contributed to the country being a leader on the
63
application of telework at the European Union level. From this experience, it is remarkable the
development of particular legal provisions that goes beyond the European Framework Agreement,
which has boosted the exercise of teleworking, such as the right of request adjustment regarding
the workplace implemented by the Netherlands in 2016.
The case of Colombia falls apart from the Netherlands. Teleworking has not been on the table for
long in the country; thus, the efforts regarding technological infrastructure, cultural change, and
legislation have not paid off yet. Nonetheless, the implementation of telework has grown in the
last few years, and although the figures are not significant, growth shows that a change is in
progress.
As regards the effectiveness of Colombian legislation for the implementation of teleworking in

Colombia, it is possible to affirm that Colombian legislation has foreseeing teleworking
comprehensively. Nevertheless, considering that companies and entities, both in the public and
private sector, have not adapted its mindset to teleworking, some provisions can be included in
the law as a mechanism to face the resistance, based on successful experiences like the
Netherlands. For instance, the inclusion of the right of request in the legislation, as well as the
establishment of tax benefits, might be an effective incentive in Colombia to achieve a change in
the culture as one of the main factors for the implementation of teleworking.
Lastly, telework, as a flexible work modality, is not a matter of trends, it is a complex instrument
which needs to take into consideration several factors. Furthermore, it is undeniable that its
practicality and contributions transcend the labour sphere. Definitely, the impact on society ranges
from labour inclusion of disadvantaged population to the improvement of the environment.
64
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Acknowledgments

Firstly, I would like to acknowledge my

In addition, I extend my gratitude to

Also, I would like to thank my friends

Moreover, I extremely thank my family for

Finally, I would like to thank my husband for

CHAPTER I – INTRODUCTION ................................................................................................ 1

CEEP European Centre of Employers and Enterprise

1.1. Telework: A general approach

1.2. Topic relevance

1.3. Research question and methods

The aim of this thesis is to answer the following research question:

(1) What is the rationale behind telework?

2.1. Historical context

2.3. Technology as an element of telework

Table 1. Some telework benefits and drawbacks (source: own elaboration)

2.4.1. Benefits of teleworking

2.4.1.1. Increased productivity

2.4.1.2. Costs saving

In terms of retention, according to Sparrow, offering flexible arrangements such as teleworking is

2.4.1.7 Better environment practices

2.4.1.8. Inclusion in the labour market for people in disadvantaged situations

2.4.2. Drawbacks of teleworking

2.4.2.1. Blurring boundaries between home and work

2.4.2.3. Managerial resistance

2.4.2.4. Difficulties in coordinating and organizing the work

2.4.2.5. The possible negative impact in the workplace environment

2.4.2.6. Fewer opportunities for development or promotion

2.5. Chapter summary

3.1. Legal framework

As a matter of fact, telework was defined in Colombian law as “a mechanism of labour

106 Colombian Decree No 884, 2012. Article 2.

3.2. Implementation of telework

The government of Colombia expressly delegated by law to the Ministry of Information

110 Ibid. Article 5.

3.2.1. Technologies for teleworking

Currently, in Colombia, it is possible to highlight the implementation of some technologies which

las Comunicaciones)), accessed 30 June 2019, https://www.teletrabajo.gov.co/622/articles-

Final, regarding applications, companies have reported to the Ministry of Information

119 Ibid. pp. 74 – 75.

3.2.3. Impact on society

In addition, teleworking has also been seeing in Colombia as a mechanism to contribute to

126 Ibid. pp. 29 – 36.

3.2.4. Some samples of companies implementing telework

3.2.4.1. Superintendence of Industry and Commerce

3.2.4.2. EAN University

132 Superintendence of Industry and Commerce, Teleworking Report, 2013.

136 Colombian Decree No 884, 2012. Article 13.

3.3.2. Companies implementing telework

Source: Fourth Study of Penetration of Teleworking in Colombian Companies

3.3.3. Modalities of teleworkers

Source: Fourth Study of Penetration of Teleworking in Colombian Companies

3.4. Chapter summary

143 Ibid. pp. 12-13.

4.1. European Framework Agreement

4.1.2. Definition and main characteristics of Telework

4.1.3. Volunteer character

4.1.4. Employment conditions

150 Ibid. Article 3.

157 Framework Agreement on Telework (Brussels, 2002). Article 5.

4.1.8. Health and safety

Collective Law Collective Guidelines / No instrument

171 Framework Agreement on Telework (Brussels, 2002). Article 9.