Inscriere in ARTT

Member and
regional partner of

RoDI IST Network

7.1. Contracte pentru telelucratori

Intrucat nu exista o legislatie clara in acest domeniu, contractele cu telelucratorii difera mult de la o companie la alta, existand chiar clauze discutabile in unele din ele. In continuare, se prezinta cateva exemple preluate din prezentarea proiectului MIRTI

British Gas (Marea Britanie)

Telelucrul se foloseste, in acest caz, pentru ingineri, sefi si manageri. Contractul include clauze speciale despre sanataea telelucratorilor si sistemul de protejare a datelor.

Cooperative Bank (Marea Britanie)

Include o ajustare a taxelor care sa permita „cheltuieli rezonabile cu intretinerea biroului de la domiciliu”

IBM Germania

La intelegere participa si sindicatul. Participarea este voluntara. Timpii de lucru vor fi inregistrati de catre companie. Cheltuielile sunt decontate lunar. Telelucrul poate inceta numai dupa un preaviz al partii care solicita acest lucru de cel putin trei luni.

Lufthansa (Germania)

In curs de experimentare. Orele de lucru sunt stabilite de comun acord intre telelucrator si seful lui direct.

Siemens-Nixdorf (Suedia)

Responsabilitatile si cerintele companiei sunt stipulate cu mare atentie, „pentru a evita orice dubiu”.

Telstra (Australia)

Contractul este semnat si de Organizatia Lucratorilor din Comunicatii din Australia.

Deutsche Telekom (Germania)

In contract se prevede ca „locul de lucru la domiciliu trebuie sa fie situat in casa sau apartament (nu in garaj, sau alta amenajare externa). Echipamentul (oferit de companie) nu poate fi folosit in scopuri personale, iar telelucrul „poate inceta oricand, fiind suficienta vointa unei singure parti, fara a fi nevoie de justificari”

Agreement Policy

Wage agreement for the pilot phase of alternating teleworking at Deutsche Telekom 

The following agreement on alternating home-work has been negotiated in 1996 between the Deutsche Postgewerkschaft (DPG, German Post Union) and the Deutsche Telekom AG. 

Preamble 

The Deutsche Telekom AG - as a supplier for products of communication technologies and services - and the Deutsche Postgewerkschaft are pursuing the aim to create a spatial flexibilisation of organization of work within the framework of alternating teleworking due to the company's as well as to the employees' requirements. 

By means of these regulations, defined in the wage agreement, a suitable basis for testing alternating telework at the Deutsche Telekom AG is given. How far the employees' requirements and value concepts are covered by this, and whether they will be a contribution to costumers' orientation, increasing productivity and conservation, will be proved by pilot projects. 

The establishment of and the activity at alternating teleworking places generally bases on voluntary participation. In this regard, in principle tasks are considered to be suitbale that can be autonomously and independently fulfilled, that have concrete, measurable results and allow a regular business though limited contact to the office. 

The daily commuting between home and office will be reduced by the transfer to alternating teleworking places. Thus, the employees' amount of time and costs can be reduced. In consequence the employees get various possibilities to coordinate their professional and individual life style and moreover to plan and archieve their tasks autonomously. In this respect the results of the pilot project will lead to some more detailled information, too. 

Because of the independent performance of alternating telework, the formulation of special requirements of the participants is necessary.

I. Section 

Regulations of the establishment of and the employment at teleworking places

1. Area of validity 

(1) This wage agreement implies all employees mentioned in the "Gemeinsamen Vereinbarung" (common agreement), in case and the period of their participation in the named pilot project.
(2) Provided that during the term of validity of this wage agreement (§20 item 2) further pilot projects will be initiated, these as well as the effected employees will be included in the common agreement.
Furthermore an agreement between the head office of the Deutschen Telekom AG and the main board of the Deutschen Postgewerkschaft (German post union) will be inevitably necessary. 

Protocol notice to §1: 

The common agreement between the head office of the Deutsche Telekom AG and the main board of the Deutsche Postgewerkschaft, dated October 10th of 1995, in the at one time actual version, is the decisive document. 

Wage agreement No.3 dated October 10th of 1995 between the board of the Deutschen Telekom AG on the one hand and the Deutsche Postgewerkschaft - main board - with seat at Frankfurt am Main on the other hand accompanying tests of alternating teleworking at the Deutsche Telekom AG the following wage agreement is concluded:

2. Establishment of an alternating teleworking place 

(1) Employees which are included within the area of validity, get in case of fulfilling the following preconditions an alternating teleworking place.
(2) The regular working time agreed by contract or individually is in the case of teleworking partly performed at the employee's home (domestic working place), partly in the office (working place within the company).
(3) The establishment of and the employment at alternating working places is principally based on voluntary participation.
(4) Each effected employee has to be informed about the planned project.

3. Working tasks 

Besides the completion of the specific professional assigned task, an active co-operation due to testing telework takes place. The gained experiences during the project are to be documented by the participants. The intervals of time, the evaluated complexes and the kind of documentation are defined by each project manager.

4. Requirements at the off-company working place 

(1) The domestic working place has to be located in a room within the employee's home (no garage, no basement, which is suitable and authorized for permanent residence as well as for the performance of work according to the general demands.
(2) The mentioned conditions for off-company working places (item 1) are inspected on-site by the responsible project manager. The works committee is admitted to participate the inspection.

5. Division and distribution of working times 

(1) The working times to complete the demanded tasks (§3) is synonymous with the agreed by contract average regular working times. It has to be divided onto the off-company working place and the office.
In this connection the part of working time performed in the office must guarantee the maintenance of social contacts with the company.
(2) If the employer divides the working times between domestic working place and office and the daily distribution, too, one calls them company defined working times. The remaining difference to the individual regular working times is distributed by the employee (self- determinate working time). This share of self-determinate working time should be -in account of the concrete task - extended as much as possible.
(3) The division as well as the distribution and moment of working times has to be binding formulated in a document, arranged with the employee; the employer is enabled to modify this agreement at any time.
(4) The employer has to require and announce overtime work ahead, belated licensing is not possible.
(5) Travelling times between office and off-company working place are classified as not caused by business und are therefore not added to the working times.
(6) Extra charge for performance at disadvantageous times are only paid according to the regulations of the wage agreement, if the referred times were defined by the company. Charges for free shift-work are handled similarly.

6. Registration of time 

(1) The registration of the complete working times and tasks is managed by each employee, recorded in a working diary, which is immediately shown to the project manager at the end of each month.
(2) In case of the employee's consent, the works committee is allowed to get insight into the recorded performed working times.
(3) The registration of the official working times depends on the actual internal company used regulations.

7. Material for work 

(1) The required equipment for the off-company working place is - during the time of existence of the domestic working place - put at disposal for free by the company, the provided material for work is listed in the common agreement.
(2) Within the framework of the projects "Alternierende Teleheimarbeit" (alternating tele[home]work) the use of a multimedia connection will be tested as well.
(3) The equipment might not be used for private affairs, the use of an ISDN-link or business telephone line can be restricted by suitable technical means due to the employer's interest and examined by the monthly charges.
(4) The construction and dismantling of the provided equipment as well as possible maintenance is achieved by the company.
(5) The supplied materials have to be protected against access of third parties.

8. Refunding of costs 

(1) The refunding of costs is regulated corresponding the conditions of §15.
(2) Travelling costs between the office and the off-company working place are not refunded.

9. Access to the off-company working place 

In case of an existing agreement each project manager as well as the works committee might get access to the domestic working place. Exactly the same way inspections are handled - according to § 4 paragraph 2.

10. Security of data and information 

Especially high care and attention at the off-company working place is to direct towards the security of data and information with regard to third parties. Confidential data or information have to be protected, so that third parties are not able to look or/and get access.

11. Abandonment of the off-company working place 

(1) The domestic working place can be terminated by both parties without the need of mentioning any reasons. The period of notice should cover one month until the end of the calendar month. In case of notice to quit or abandoning the flat the period of notice might possibly be reduced. The abandonment announcement has to be given in written form.
(2) After the terminated the provided equipment has to be returned immediately. Just as in case of the project's ending.
(3) A balancing of possible (dis-)advantages (e.g. concerning travelling times and costs to the office) is generally not made.

12. Written agreement 

The establishment of a home office needs to correspond to a written agreement between employer and employee.

13. Employee's status 

The employee must not be disadvantaged with regard to his/her opportunities of career because of his participation at alternating telework.

II. Section: legal aspects of contracts

14. Establishment of further teleworking places 

The Deutsche Telekom AG and the Deutsche Postgewerkschaft are agreeing that no further alternating telework will be implemented at the Deutsche Telekom AG besides the projects, that are mentioned in the common agreement of Oktober 10th, 1995, which is the relevant version at the time.

15. Method to determinate refundations 

Regarding the testing phase of alternating telework und the lacking experiences during the period of validity of this wage agreement a flat-rate reimbursement is not given. The costs that will arise related to defined facts and that will be avoided during the this project have to be documented by the participants. By means of the documentation, a scheme of refundation of costs will be established between the head office of the Deutsche Telekom AG and the main board of the Deutsche Postgewerkschaft. On this occasion, a kind of regulation for the past will be determinated.

16. Automatical control of performance and behaviour 

The Deutsche Telekom AG and the Deutsche Postgewerkschaft agree to the fact, that within the framework of testing forms of alternating telework an automatical control of performance or behaviour can be allowed only in case of an existing corresponding and explicit arrangement between employer and works committee.

17. Accompanying of the project 

During the period of pilot phase of the several projects regularly meetings at intervals of about 3 months between the Deutsche Telekom AG and the Deutsche Postgewerkschaft will take place. There, general problems referring the implementation of inherent tasks (e.g. technical failures or protection measures, relevant questions concerning analysis and documentation, the establishment of reimbursements as well as others general problems using this wage agreement are discussed.

III. Section: final clauses

18. Relation to internal company regulations 

The existing regulations agreed by contract have a concluding character and can not be changed, extended or completed by company arrangements. The remaining rights formulated in the "Betriebsverfassungsgesetz" (constitutional law of companies) are not touched, especially regarding the distribution of working time.

19. Coming into force 

This wage agreement comes into force at December, 1st of 1995.

20. Period of validity 

(1) These regulations agreed by contract are in force in terms of the mentioned projects - in the common agreement of October 10th, 1995, which is the relevant version at the time. Any after-effect is excluded.
(2) The validity of this wage agreement is at the latest until December, 31st of 1997. An extension of the period of validity can be decided in conjunction of the Deutsche Telekom AG and the Deutsche Postgewerkschaft. With the ending of its validity an after-effect is excluded. 

U. S. Office of Personnel Management

Telecommuting 

Sample Agreement
(Agencies may use or modify this sample agreement)

Between Agency and Employee Approved for Telecommuting
on a Continuing Basis

The supervisor and the employee should each keep a copy of the agreement for reference.

Voluntary Participation
Employee voluntarily agrees to work at the agency approved alternative workplace indicated below and to follow all applicable policies and procedures. Employee recognizes that the telecommuting arrangement is not an employee entitlement but an additional method the agency may approve to accomplish work.

Trial Period
Employee and agency agree to try out the arrangement for at least (specify number) months unless unforeseeable difficulties require earlier cancellation.

Salary and Benefits
Agency agrees that a telecommuting arrangement is not a basis for changing the employee's salary or benefits.

Duty Station and Alternative Workplace
Agency and employee agree that the employee's official duty station is (indicate duty station for regular office) and that the employee's approved alternative workplace is: (specify street and number, city, and state).

Note: All pay, leave, and travel entitlement are based on the official duty station.

Official Duties
Unless otherwise instructed, employee agrees to perform official duties only at the regular office or agency-approved alternative workplace. Employee agrees not to conduct personal business while in official duty status at the alternative workplace, for example, caring for dependents or making home repairs.

Work Schedule and Tour of Duty
Agency and employee agree the employee's official tour of duty will be: (specify days, hours, and location, i.e., the regular office or the alternative workplace. For flexible work schedules, specify core hours and the limits within which flexible hours may be worked ).

Time and Attendance
Agency agrees to make sure the telecommuting employee's timekeeper has a copy of the employee's work schedule. The supervisor agrees to certify biweekly the time and attendance for hours worked at the regular office and the alternative workplace. (Note: Agency may require employee to complete self-certification form.)

Leave
Employee agrees to follow established office procedures for requesting and obtaining approval of leave.

Overtime
Employee agrees to work overtime only when ordered and approved by the supervisor in advance and understands that overtime work without such approval is not compensated and may result in termination of the telecommuting privilege and/or other appropriate action.

Equipment/Supplies
Employee agrees to protect any Government-owned equipment and to use the equipment only for official purposes. The agency agrees to install, service, and maintain any Government-owned equipment issued to the telecommuting employee. The employee agrees to install, service, and maintain any personal equipment used. The agency agrees to provide the employee with all necessary office supplies and also reimburse the employee for business-related long distance telephone calls.

Security
If the Government provides computer equipment for the alternative workplace, employee agrees to the following security provisions: (insert agency-specific language).

Liability
The employee understands that the Government will not be liable for damages to an employee's personal or real property while the employee is working at the approved alternative workplace, except to the extent the Government is held liable by the Federal Tort Claims Act or the Military Personnel and Civilian Employees Claims Act.

Work Area
The employee agrees to provide a work area adequate for performance of official duties.

Worksite Inspection
The employee agrees to permit the Government to inspect the alternative workplace during the employee's normal working hours to ensure proper maintenance of Government-owned property and conformance with safety standards. (Agencies may require employees to complete a self-certification safety checklist.)

Alternative Workplace Costs
The employee understands that the Government will not be responsible for any operating costs that are associated with the employee using his or her home as an alternative worksite, for example, home maintenance, insurance, or utilities. The employee understands he or she does not relinquish any entitlement to reimbursement for authorized expenses incurred while conducting business for the Government, as provided for by statute and regulations.

Injury Compensation
Employee understands he or she is covered under the Federal Employee's Compensation Act if injured in the course of actually performing official duties at the regular office or the alternative duty station. The employee agrees to notify the supervisor immediately of any accident or injury that occurs at the alternative workplace and to complete any required forms. The supervisor agrees to investigate such a report immediately.

Work Assignments/Performance
Employee agrees to complete all assigned work according to procedures mutually agreed upon by the employee and the supervisor and according to guidelines and standards in the employee per-formance plan. The employee agrees to provide regular reports if required by the supervisor to help judge performance. The employee understands that a decline in performance may be grounds for canceling the alternative workplace arrangement.

Disclosure
Employee agrees to protect Government/agency records from unauthorized disclosure or damage and will comply with requirements of the Privacy Act of 1974, 5 U.S.C. 552a.

Standards of Conduct
Employee agrees he or she is bound by agency standards of conduct while working at the alternative worksite.

Cancellation
Agency agrees to let the employee resume his or her regular schedule at the regular office after notice to the supervisor. Employee understands that the agency may cancel the telecommuting arrangement and instruct the employee to resume working at the regular office. The agency agrees to follow any applicable administrative or negotiated procedures.

Other Action
Nothing in this agreement precludes the agency from taking any appropriate disciplinary or adverse action against an employee who fails to comply with the provisions of this agreement.

Employee's Signature and Date: _______________________________________

Supervisor' s Signature and Date: ______________________________________

ARTT Community

Home Up Contracte Plata