Telework — working remotely using information technology — is governed in Belgium by two distinct frameworks, depending on whether it is regular or occasional.
Structural or occasional: two regimes
Regular (structural) telework in the private sector is governed by collective bargaining agreement No. 85 of the National Labour Council, alongside the Employment Contracts Act of 3 July 1978. Occasional telework falls under the Act of 5 March 2017 on workable and manageable work, which allows it for one-off reasons (force majeure, personal reasons). The conditions for occasional telework are set at company or individual level and therefore vary from case to case. In every case, telework does not change the nature of the employment contract itself; it is a way of organising where the work is carried out.
Collective agreement No. 85
Concluded on 9 November 2005 and amended by CBA No. 85 bis of 27 February 2008, agreement No. 85 implements the 2002 European framework agreement on telework. It defines telework as a form of work organisation, within an employment contract, in which work that could have been done on the employer's premises is carried out away from those premises, on a regular and non-occasional basis.
Voluntary, and in writing
Telework is voluntary, for both the worker and the employer: it cannot be imposed. A written agreement must be drawn up for each teleworker, at the latest when telework starts (by way of an amendment if the contract already exists). This document sets out, among other things, the frequency of telework, the technical support provided, how the employer covers the costs, and the conditions for any return to the premises.
Equipment and costs
In principle, the employer provides, installs and maintains the equipment needed for telework and bears the connection and communication costs. If the teleworker uses their own equipment, the installation, operating and maintenance costs linked to telework are also borne by the employer, calculated pro rata. Telework may take place at the worker's home or any other place they choose.
The exact amounts and reimbursement arrangements vary according to the agreements concluded; it is prudent to refer to the text of CBA No. 85 and to the information from the FPS Employment.