AlpSatellites in the evolving regulatory framework for remote working
Abstract
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.
Origin | Files produced by the author(s) |
---|