Balancing Flexibility and Fairness: Legal Implications for Defining Decent Telework in the EU in an Era of Digitalization

Abstract

This paper addresses the urgent need for a unified EU-level regulation of telework, a topic that has gained critical importance due to the COVID-19 pandemic. The study introduces and operationalizes the concept of “decent telework,” which encompasses fair income, workplace security, social protection, and equality of opportunity. It also pioneers the discussion on “the right to disconnect” as a vital component of EU telework legislation aimed at preserving work-life balance. The research seeks to fill existing gaps in EU-level telework regulations by employing rigorous legal analysis and comparative research methods focused on EU policies and case law. The findings reveal significant inconsistencies in EU telework regulations, highlighting the need for harmonized legislation. This work holds substantial implications for the future of labor in the European Union. It serves as a cornerstone for developing a comprehensive EU legal framework for telework, balancing flexibility and fairness in a digitalized economy. The study's significance lies in its potential to influence future EU policy, ensuring that “decent telework” and “the right to disconnect” are effectively implemented at the EU level, thereby shaping the future of work in the European Union.