Home work, telework and the regulation of working time

In this article it is argued that at the conceptual level, teleworkers can be integrated into the (continental) concept of employee as opposed to 'traditional' home workers. To that end the author illustrates how the adoption of the notion of subordination as definitional element of the contract of employment, created an incongruence between the concept of employee and the notion of home worker. This incongruence is far from apparent with regard to teleworkers, a category of workers often associated with home workers, but who may be subjected to the ubiquitous control of their employer by means of ICT. According to the author, these conceptual differences do not dissipate the need, at a regulatory level, to take into account the particularities of some or all forms of telework. He illustrates this with respect to the regulation of working time in Belgium and France.

Publication year:2010

Keywords:home work, telework, working time, employment law, labour law, employment relationship, self-employment