Rule No. 1346 of 25 May 2012 on teleworking[1]

The Secretary General of the Council of Europe,

HAVING REGARD to Articles 29 and 50 of the Staff Regulations;

HAVING REGARD to Instruction No. 16 of 24 February 1978 on the introduction of flexible working hours in the Council of Europe secretariat and arrangements for their application;

CONSIDERING that to increase operational efficiency and to promote the motivation and commitment of staff, by enabling them to balance their professional and personal lives better, further flexibility in the organisation of work should be introduced;

HAVING CONSULTED the Staff Committee in accordance with Article 5, paragraph 3, of the Regulations on Staff Participation (Appendix I to the Staff Regulations);

D E C I D E S:

PART I — GENERAL PROVISIONS

Article 1 – Aim of the Rule

1.       This Rule sets out the provisions governing teleworking in the Council of Europe.

2.       Instruction No. 16 of 24 February 1978 on the introduction of flexible working hours in the Council of Europe secretariat and arrangements for their application shall be applied in so far as not provided otherwise in this Rule.

Article 2 – Definition

1.       The term “teleworking″ refers to an arrangement whereby a Secretariat member^[2] performs work away from the Council of Europe premises on an occasional or regular basis.

2.       For the purposes of this Rule work performed away from the Council of Europe premises prior to commencing or after having concluded a working day in the office or during an official journey shall not be considered as teleworking.

Article 3 – Eligibility

1.       The opportunity to telework shall be available to the following members of the Secretariat, hereinafter referred to as the “Secretariat member” or the “Secretariat members”:

a.       staff members under Article 1 of the Staff Regulations confirmed in employment;

b.       temporary staff members under Rule No. 1234 of 15 December 2005 laying    down the conditions of recruitment and employment of locally recruited         temporary staff members working in Information and Field Offices, who have    completed their trial period;

c.       seconded officials under relevant regulations for secondments to the Council of          Europe.

2.       The opportunity to telework shall not be available to Secretariat members undergoing an individual performance-enhancement process in accordance with the relevant rule on under-performance.[3]

Article 4 – General principles

1.       Teleworking may only be organised on a voluntary basis and with the mutual consent of the Council of Europe and the Secretariat member concerned. A Secretariat member may not be compelled to telework.

2.       Teleworking is not a right or entitlement. It may only take place when in the assessment of the direct hierarchical superior concerned it conforms to the interests of the service.

3.       Teleworking Secretariat members shall enjoy all rights and obligations set out in the Organisation’s internal regulatory instruments, except those which depend upon physical presence in the Council of Europe premises, including overtime.

4.       Teleworking Secretariat members shall not be subjected to any form of discrimination by virtue of telework. In particular, the nature and duration of employment, remuneration, professional responsibilities, career development, appraisal, social and medical cover, privileges and immunities (to the extent permitted by the teleworking place), access to training, opportunities for promotion and staff participation remain the same as those of staff working exclusively on  Council of Europe premises.

5.       Teleworking shall not entail any change in the workload or results expected of the Secretariat member concerned or of other staff members.

6.       Teleworking, as a means to reconcile professional and private life, remains working time for the Organisation. Direct hierarchical superiors shall pay attention to the working hours of teleworking Secretariat members in order that their private life and health is not prejudiced by telework. The private life, home and correspondence of teleworking Secretariat members shall be respected.

Article 5 –Assessment of the opportunity to telework

The direct hierarchical superior shall evaluate the opportunity to telework and the limits within which teleworking is possible, by assessing the following elements:

a.       whether the Secretariat member requesting to telework has:

i.        a full understanding of the work in general and of the specific tasks to be performed;

ii.       the ability to work efficiently with minimal supervision, to establish priorities and to manage his or her own time;

iii.       proficiency in the required software applications, intra/internet and e-mail functions.

b.       whether the particular work is:

i.              measurable in terms of quality and quantity;

ii.             not dependent on face to face contact, permanent interaction with other staff, physical presence in the Organisation’s premises, staff supervision,  frequent participation in internal meetings or frequent official journeys;

iii.            not reliant on information, materials or facilities that are not readily accessible from the telework place or that are restricted from being taken outside the Council of Europe premises or that the Secretariat member cannot bring easily from the office to the place of telework.

c.       whether:

i.        the Secretariat member’s productivity and the quality of work output will be sustained and not compromised by teleworking;

ii.       the Secretariat member’s absence from the work place will have no adverse effect on his or her working relationships with other staff or on the workload of the service concerned and whether an adequate number of staff will be present in the office at all times.

d.       whether the telework place is conducive to concentration and free from distractions.

PART II — TYPES OF TELEWORKING

Article 6 – Types of teleworking

Teleworking may occur on an occasional or regular basis.

Article 7 – Occasional teleworking

1.       Occasional teleworking is an arrangement involving working away from the Council of Europe premises on an ad hoc basis.

2.       Occasional teleworking may occur in specific circumstances in which a Secretariat member wishes to telework for limited periods of time including to concentrate on a specific task in a favourable environment.

3.       Occasional teleworking shall not exceed 20 working days per calendar year.[4]

4.       A Secretariat member wishing to telework on an occasional basis shall make a duly substantiated request to his or her direct hierarchical superior, via the relevant information tool, specifying the duration of the teleworking requested, the place at which it would be performed, as well as providing a statement that the teleworking place is conducive to concentration.

5.       If the direct hierarchical superior concerned, having assessed the opportunity to telework, in application of his or her discretion approves the request, s/he shall define the tasks to be performed and the objectives to be attained. S/he shall also inform other staff members in the service concerned about the particular arrangement.

6.       If the direct hierarchical superior concerned, having assessed the opportunity to telework, in application of his or her discretion refuses to approve the request for teleworking, the refusal shall be substantiated in writing by reference to the elements referred to in Article 5. [5]

7.       The Directorate of Human Resources of the Directorate General of Administration shall follow the request process via the relevant information tool and shall supervise the number of days teleworked during the year.

Article 8 – Regular teleworking

1.       Regular teleworking is an arrangement involving working away from the Council of Europe premises on an ongoing and recurrent basis in accordance with the teleworking agreement concluded between the Organisation and the Secretariat member concerned.

2.       Regular teleworking may occur for a minimum of 10% and maximum of 50% of working time over a two-week cycle.

Article 9 – Regular teleworking agreement

1.       A Secretariat member wishing to telework on a regular basis shall make a duly substantiated request to his or her direct hierarchical superior in writing, specifying the place at which it would be performed, as well as providing a statement that the teleworking place is conducive to concentration.

2.       If the direct hierarchical superior concerned, having assessed the opportunity to telework, approves the request, it shall be submitted to the Head of the Major Administrative Entity concerned or, by delegation, to the Director concerned. If the Head of the Major Administrative Entity concerned or, by delegation, the Director concerned, in application of his or her discretion, approves the request, a regular teleworking agreement shall be concluded for a period of one year with a trial period of three months.[6]

3.       If the direct hierarchical superior concerned or the Head of the Major Administrative Entity concerned or, by delegation, the Director concerned, having assessed the opportunity to telework, in application of their discretion refuse to approve the request for teleworking, the refusal shall be substantiated in writing by reference to the elements referred to in Article 5.[7]

4.       A regular teleworking agreement shall specify:

a.       the duration of the authorised teleworking period;

b.       the specific tasks to be accomplished, expected results and deadlines;

c.       the teleworking schedule;

d.       requirements for the Secretariat member’s physical presence in the office;

e.       the location and telephone number(s) of the Secretariat member;

f.       the Secretariat member’s statement that s/he does not have direct responsibility for taking care of children under 10 years of age during the teleworking hours;

g.       the Secretariat member’s undertaking to respect the rights and obligations deriving from the Staff Regulations and other internal legal instruments of the Organisation, in particular, the obligations regarding confidentiality, IT security and prevention of conflict of interests.

5.       The agreement shall be verified, approved and registered by the Directorate of Human Resources. It shall be signed by the Secretariat member concerned, his or her direct hierarchical superior and the Head of the Major Administrative Entity concerned or, by delegation, the Director concerned.[8]

6.       The direct hierarchical superior shall inform the other staff in the service concerned about the particular teleworking agreement.

7.       A regular teleworking agreement shall be re-assessed and, where applicable, revised in the course of the appraisal of the Secretariat member concerned.

8.       A regular teleworking agreement may be renewed by following the same procedure under which it was concluded. Tacit renewal shall not be possible. If the regular teleworking agreement is renewed and its terms remain unchanged, the trial period referred to in paragraph 2 above, shall not apply.

9.       A regular teleworking agreement may be terminated at any time by the direct hierarchical superior in conjunction with the Head of the Major Administrative Entity concerned or the Director concerned as appropriate, or the Secretariat member concerned at one month’s notice. During the trial period referred to in paragraph 2 above, a regular teleworking agreement may be terminated at ten days’ notice. If an individual performance-enhancement process is initiated with regard to the teleworking Secretariat member, a regular teleworking agreement shall be terminated by the direct hierarchical superior of the Secretariat member concerned in conjunction with the Head of the Major Administrative Entity concerned or the Director concerned as appropriate at ten days’ notice.[9]

10.     The Secretariat member requesting termination of a regular teleworking agreement may return to the previous arrangement concerning his or her working time, without negative implications for his or her appraisal.

PART III – PROVISIONS PERTAINING TO ALL TYPES OF TELEWORKING

Article 10 – Performance of work

The teleworking Secretariat member shall complete and deliver his or her assignments in a timely and satisfactory manner as previously agreed upon with his or her direct hierarchical superior.

Article 11 – Teleworking time

1.       Teleworking Secretariat members shall comply with normal Secretariat staff working time. This time shall be organised between 6.00 and 22.00, as agreed with his or her direct hierarchical superior.

2.       Secretariat members may telework half-days, mornings or afternoons, or during the entire day.

3.       Notwithstanding other arrangements under paragraph 1 above, the teleworking Secretariat member shall be reachable during core time (from 9.00 to 12.00 and from 14.30 to 16.30). The teleworking Secretariat member shall provide his or her colleagues and direct hierarchical superior with his or her relevant contact details (telephone number) and shall be available on his or her Council of Europe e-mail address.

4.       In the case of regular teleworking, the Secretariat member may occasionally be required to make arrangements to return to the office or to change his or her teleworking schedules, where deemed necessary, by his or her direct hierarchical superior. This shall not give rise to any compensation to the teleworking Secretariat member. The direct hierarchical superior concerned shall request the arrangements referred to in this paragraph at least one day in advance and in writing. S/he shall inform the Directorate of Human Resources of the occasional return of the teleworking Secretariat member to the office or of the change of his or her teleworking schedules.

Article 12 – Teleworking and other forms of flexible working time

1.       Teleworking shall be compatible with part time work, provided that the Secretariat member concerned works for at least 60% of a full-time employment.[10]

2.       Compensation shall not be granted to the teleworking Secretariat member for any overtime performed outside the office.

3.       A combination of regular and occasional teleworking may be possible to the extent that the total duration of teleworking does not exceed 50% of a full-time employment per calendar year.[11]

Article 13 – Teleworking place

1.       Regular teleworking shall be carried out at the Secretariat member’s residence determined with due regard to Article 29 of the Staff Regulations. Occasional teleworking may be carried out at a place other than the Secretariat member’s residence, provided that the Secretariat member concerned is accessible both by telephone and e-mail.

2.       The teleworking place shall be specified in the regular teleworking agreement and in a request for occasional teleworking. Any change in the teleworking place must be approved via the procedure initially applied with regard to the respective teleworking arrangement.

Article 14 – Considerations pertaining to costs

1.       The teleworking Secretariat member shall ensure that the teleworking place is properly maintained (e.g., appropriate workspace, requisite equipment, freedom from distractions, ability to ensure the security of confidential documents, etc). The Secretariat member is responsible for any costs incurred to set up and maintain a proper teleworking environment.

2.       The Organisation shall not be responsible for operating costs, maintenance of the teleworking place, or any incidental costs associated with the use of the teleworking place. Incremental utility costs (including telephone line installation, Internet access costs, office furniture) associated with, and travel costs from/to, the teleworking place shall not be reimbursed by the Organisation. Similarly, the Organisation shall not be liable for any tax implications of maintaining a home office area.

3.       The Organisation shall not be subject to any technical or remote connection problems relating to the equipment owned and used by the teleworking Secretariat member.

Article 15 – Considerations pertaining to health and security

1.       The teleworking Secretariat member is responsible for ensuring that the teleworking environment is safe and secure and that it conforms to the applicable health and safety norms. S/he is also responsible for ensuring that it conforms to the ergonomic conditions of the Organisation. The teleworking Secretariat member agrees to make the teleworking place available for inspection, if necessary, for safety reasons, accident investigation, insurance related reasons, and equipment audits during visits arranged at mutually agreed upon dates and times. A teleworking arrangement may be suspended with immediate effect due to health or safety hazards at the teleworking place.

2.       The teleworking Secretariat member shall remain covered by the social and medical scheme of the Council of Europe. For the purposes of teleworking any accident occurring while the Secretariat member is performing professional duties during the agreed hours and at the approved place of teleworking may qualify as a work accident, subject to compliance with this and all other applicable rules and regulations of the Organisation.

3.       Travel accident coverage (home-office-home) provided for under legal instruments governing work accidents shall not be applicable to teleworking. However, if occasional teleworking is carried out at a place in close proximity to the Secretariat member’s residence, the work accident coverage shall be applicable to travel between the home and the approved teleworking place.

4.       The Secretariat member concerned shall be responsible for seeking prompt medical treatment for any work-related injuries or illness and informing the Directorate of Human Resources at the earliest possible time, as required under the applicable rules and regulations.

5.       In case of occasional teleworking outside the place of residence, the Secretariat member concerned shall not be covered by the Organisation’s official journey insurance.

6.       The teleworking Secretariat member shall be responsible for reviewing his or her home insurance policies as required by the laws of the relevant state and for notifying his or her insurer on teleworking. Any increase in home insurance coverage as a result of teleworking is the responsibility of the teleworking Secretariat member.

7.       The Organisation shall not be liable for material damage, loss or theft resulting directly or indirectly from teleworking. The Organisation shall not be liable for any injuries to third parties resulting directly or indirectly from teleworking, irrespective of their insurance coverage.

Article 16 – Confidentiality, data protection and security

1.       Teleworking Secretariat members shall comply with the requirements of the Organisation’s internal legal instruments, in particular, regarding confidentiality, data protection and security.

2.       Teleworking Secretariat members shall ensure that non-authorised persons do not have access to confidential or sensitive information.

3.       The Organisation shall communicate to teleworking Secretariat members and teleworking Secretariat members shall comply with all the general and special provisions regarding the use of Internet and information technologies, safeguards, routines and protection measures against viruses and data encryption.

PART IV — FINAL PROVISIONS

Article 17 – Follow-up

The Directorate of Human Resources shall follow the implementation of the teleworking system in the Council of Europe and shall develop instruments necessary for the application of this Rule (e.g., training, practical information guides and information technology tools).

Article 18– Entry into force and transitional provisions

1.       This Rule shall come into force on 1 September 2012. 

2.       In 2012 occasional teleworking may not exceed 3.5 working days.

Strasbourg, 25 May 2012

The Secretary General,

Thorbjørn JAGLAND