Since the beginning of the Covid-19 pandemic, almost all governments of the world adopted an obligation or recommendation to telework, whenever the nature of the task allows it.

This obliged enterprises to quickly adapt their organisation of work and human resources practices.

In Belgium, telework is compulsory as per the various Ministerial Decrees adopted since March 2020 but it lacked a proper implementation framework.

On 26 January 2021 employers’ and workers’ organisations within the National Work Council (“Conseil National du Travail”) signed a collective agreement (CA N. 149) providing the missing legislative framework to telework practices introduced after the abovementioned Ministerial Decrees in response to Covid-19 crisis. The agreement has a duration of one year, until the end of 2021.

This collective agreement excludes from its scope of application enterprises having already implemented a telework regime before 1^st January 2021 (in line with Law of 5 March 2017 and Collective agreement N. 85 of 9 November 2005).

Since CA N.149 is a framework agreement, it leaves room to conclude company level collective agreements or company-employee individual agreements that set rules in line with the company’s specificities.  

This framework agreement contains provisions on working conditions and on occupational health and safety for employees working from remote. 

It requires employers and employees to conclude agreements on:

• The provision of working tools, such as a laptop, and technical assistance;
• Contribution for expenses incurred with working tools pertain to the employees;
• Contribution for internet connection costs;
• Working time and workload setting;
• Working supervision;
• Facilities to maintain the communication between workers’ representatives and employees;
• Well-being at work.

Federation of Belgian Enterprises in Belgium (Fédération des Entreprises de Belgique – FEB) is “delighted that the social partners have reached an agreement after difficult negotiations. This framework must contribute to the best possible conditions of "compulsory" teleworking, so that it is beneficial to both parties. Indeed, it tries to optimize as much as possible the obligation to telework in order to enhance the performance and productivity of employees and to support their well-being. With this aim, it is essential to conclude specific agreements. It should also be borne in mind that the main lever of enthusiasm and productivity of (tele) workers is and remains confidence. Not an infantile and naive confidence, but a confidence which rests on good agreements and a clear framework”.