Recently, Amazon’s CEO announced that, as of next January, structural teleworking will no longer be an option for US employees employed in the company’s administrative services. After New Year, they will be expected back in the office five days a week. Working from home on a structural basis will no longer be possible from then on.
How is that regulated in Belgium? Can Belgian employers take the unilateral decision to abolish teleworking and subsequently require their employees, who were previously granted structural telework, to be physically present in the office every day from now on? Can teleworkers refuse to return to the physical workplace full-time?
The answer to these questions depends on what was agreed between the employer and the employee when structural telework was granted. When a structural telework arrangement is introduced, a written agreement needs to be concluded between the employer and the employee, which has to include a number of indications, including the frequency of telework and, optionally, the days on which telework will be carried out and the days and/or hours of presence in the company. This agreement may also provide the possibility for the employer to unilaterally abolish structural telework, subject to compliance with a certain notice period.
If this possibility is provided for, the employer can thus on its own, unilaterally, decide to abolish previously authorised and agreed structural telework, respecting the foreseen notice period.
On the other hand, if no such possibility is foreseen, the employer will not be able to jettison structural telework on its own and, if he wishes to reduce the number of telework days or even ban telework altogether, he will again have to reach a written agreement on this with his employees, as when it was introduced. In addition, he will also have to take into account a number of other provisions that were foreseen when structural telework was introduced and agreed with the employees.
Are you considering adjusting the telework policy in your company and have any questions in this regard? Do not hesitate to reach out!