Telework in Belgium: a Patchwork of Legal Regimes


The regulation of remote work in Belgium entails four different arrangements. The regime on homework in the Employment Contract Act is distinguished from the one for structural teleworkers in CLA no. 85 by the use of information and communication technologies. In order to create a framework for non-regular telework, the Workable and Agile Work Act provided in 2017 specific provisions for occasional telework. The COVID-19 pandemic led to the revival of old discussions on the distinction between the different regimes and the various rights associated with them. Moreover, a new CLA no. 149 regarding telework due to the pandemic, added another unclear regime for telework. This contribution provides a critical overview of the cluttered Belgian legal framework for remote work by examining the specific provisions and differences regarding the principle of non-discrimination, the work accident, the well-being, the work-life balance, the working time, the employer’s authority and the costs.

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