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Rapport (Rapport Contrat/Projet) Année : 2023

AlpSatellites in the evolving regulatory framework for remote working

Résumé

The Alpine Space programme project AlpSatellites deals with the way how people work in the countries of the Alpine region, namely tackling challenges emanating from population decline, demographic change including an ever-increasing age gap, as well as urban-rural divide. AlpSatellites analyses the opportunities and challenges of remote work to attract and integrate young people, workers, and digital nomads in remote areas. In order to highlight the new opportunities for the digital, economic, and social development of alpine communities a need emerges to make peripheries attractive places for both people and businesses. This is especially true in an era in which the landscape of work is continuously evolving and – not least driven by the aftermath of the COVID-19 pandemic - the shift towards remote work has become a defining characteristic of the modern workforce. While AlpSatellites as well as numerous public (municipalities, regional authorities, or chambers of commerce) and private (consultancies, accelerators, development agencies, or start-up centres) institutions have developed managerial and spatial planning tools for incentivising and enabling remote work realities, legal perspective are more often than not considered obstacles on a holistic path towards modern work. Therefore, this document presents an analysis of the legislative frameworks governing remote work across various countries of the Alpine Space, with a focus on France, Italy, and Austria. It delves into the intricacies of laws and regulations related to remote work, teleworking, and coworking spaces, highlighting the evolution, legal definitions, and the rights and obligations of both employers and employees in a new work environment. The discussion extends to cover critical aspects such as the right to disconnect, workplace safety, and the challenges posed by the Covid-19 pandemic, which has significantly accelerated the adoption of remote working practices. This document is designed to provide insights into how these countries are reshaping their legal frameworks to accommodate and regulate the growing trend of remote work. This document is primarily intended for policymakers, coworking space and HR practitioners, as well as (small) businesses who are navigating the complexities of remote work regulations. It serves as a resource for those seeking to understand the legal landscape and ensure compliance, as well as for academics and researchers interested in the evolving nature of work in the digital age. This document is designed to offer a broad understanding of the laws and regulatory structures pertaining to remote work, serving as an initial guide for deeper exploration or for seeking advice from qualified legal experts. However, it should not be regarded as a legally binding document. In summary, remote work laws in Austria, Italy, and France share some common features. A fundamental principle in all three countries is the voluntary nature of remote work, requiring the consent of both employers and employees. Another common aspect involves written agreements, which are required in all three countries to ensure clarity and transparency regarding remote work arrangements. Adherence to existing working time regulations is another shared element, ensuring that rest periods and other time-related provisions are observed within the context of remote work. In every country there is the right to disconnect. The right to disconnect means that the employee, in consultation with their employer, establishes a schedule. This schedule specifies the times when the employee is reachable and the times when they should not be disturbed. This allows the employee to disconnect from any use of digital tools during their rest periods. The provision of work equipment by employers and potential compensation for remote workers are also points addressed in the remote work laws of these countries. Additionally, the laws emphasise the protection of the privacy of remote workers and establish clear regulations for regulatory inspections, possibly requiring the consent of the employee. It is also noteworthy that remote workers have the same rights as those working on-site. In all countries, they are entitled to accident insurance that covers specific incidents occurring outside the worker’s residence.
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Dates et versions

hal-04524064 , version 1 (27-03-2024)

Identifiants

  • HAL Id : hal-04524064 , version 1

Citer

Angelo Benozzo, Mariagrazia Monaci, Nicola Moosbrugger, Cécile Chanut-Guieu, Erika Allais, et al.. AlpSatellites in the evolving regulatory framework for remote working. Interreg Alpine Space AlpSatellites. 2023. ⟨hal-04524064⟩
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