During the plenary session of the European Parliament in Brussels (18-21 January 2021), MEPs debate on the right to disconnect. Opening statement by Alex AGIUS SALIBA (S&D, MT), rapporteur and by Nicolas SCHMIT, European Commissioner for Jobs and Social Rights. This transcription speech is the result of an automatic process. Check against delivery.

Brussels

SCHMIT, Nicolas (LU, EC)

statement

debate

plenary session

working conditions in the EU (T)

AGIUS SALIBA, Alex (S&D, MT)

The right to disconnect: Opening statements by Alex AGIUS SALIBA (S&D, MT), rapporteur and by Nicolas SCHMIT, European Commissioner for Jobs and Social Rights

https://api.multimedia.europarl.europa.eu/documents/20125/3192285/I200824Chapters%5BSD-EN%5D.srt

SOUNDBITE (Original), Massimo CASTALDO (NI, IT), chair, Now we move on to the next item on today's agenda, which is the labour report on the right to disconnect, I would recall to members that throughout the whole of the debates, there will be no catch the eye procedure and there will be no blue card requests. And there may be remote speeches from the parliamentary liaison officers. Mr. Agius Saliba as rapporteur has the floor for five minutes.

SOUNDBITE (Original), Alex AGIUS SALIBA (S&D, MT), rapporteur, We live in an always connected world digitalisation and digital tools have brought many new opportunities, both in our personal and also in our working lives. It has created benefits. It has created advantages for employees such as greater flexibility and less commuting times. But it has also its pitfalls, such as the constant pressure on workers to always be reachable, to always be available at all times.

SOUNDBITE (Original), Alex AGIUS SALIBA (S&D, MT), rapporteur, Digital tools used to work have created the phenomena of always being connected and always-on culture, creating digital obesity that can intensify work and extend working hours with a detrimental effect, detrimental effect on workers fundamental rights, detrimental effect on fair working conditions, detrimental effect on fair remuneration, on working time and work life balance, on health and safety at work. On the equality between men and women. Digital tools to make it particularly difficult to switch off in our free time.

SOUNDBITE (Original), Alex AGIUS SALIBA (S&D, MT), rapporteur, We all know the feeling of always being under the constant pressure to check, to check for work related emails, work related messages. worried that our immediate attention is required. We all have been in situations where we receive work-related calls, emails, and we feel obliged to reply. More than ever in the aftermath of the covid-19 pandemic, the increase of telework and working from home, we have become victims, victims of our phones, of our emails, of our computers.

SOUNDBITE (Original), Alex AGIUS SALIBA (S&D, MT), rapporteur, The covid-19 pandemic has fundamentally changed the way we work, and we must therefore update our rules. During lockdown, one in three workers started working from home. This has saved countless lives. But many workers suffer and are suffering from harmful side effects such as isolation, such as fatigue, such as depression, burnout, muscular or eye illnesses. People who regularly work from home are twice as likely to work more than the maximum 48 hours.

SOUNDBITE (Original), Alex AGIUS SALIBA (S&D, MT), rapporteur, The boundaries between work and private life have become blurred. The human cost is high from an unpaid overtime to exhaustion to burnout. It is fundamental that we protect workers from the invasion of their rest time to ensure that their right to rest and leisure and the maximum limit of the workday are safeguarded. And for this, we need the right to disconnect, to become a fundamental right, a fundamental right to each and every worker throughout our Union.

SOUNDBITE (Original), Alex AGIUS SALIBA (S&D, MT), rapporteur, Therefore, colleagues, I strongly urge you to support this own initiative report. We are calling on the Commission to propose a European directive on the right to disconnect. The report is putting forward a fully fledged developed legislative proposal with the minimum requirements for using digital tools for professional purposes outside our working time.

SOUNDBITE (Original), Alex AGIUS SALIBA (S&D, MT), rapporteur, It provides for the right to disconnect for all workers in the EU, and it ensures that the digital tools are used as an asset benefiting employers and workers while their adverse effects are mitigated. It provides workers with the right to disconnect, switch off and refrain from engaging in work related tasks, activities or communication outside the working time. The report is also introducing safeguards to workers from any victimisation or negative repercussions, if they use this right.

SOUNDBITE (Original), Alex AGIUS SALIBA (S&D, MT), rapporteur, Employers should enforce this right and not require the workers to be directly or indirectly available or reachable outside the working time and provide them with sufficient information and methods to support the right to disconnect. The report also recognises the social partners pivotal role and tailors its implementation to the specific needs, depending on the different national regional sectors and also industries.

SOUNDBITE (Original), Alex AGIUS SALIBA (S&D, MT), rapporteur, Those are the main elements of the report providing the right balance. The right balance equally positive for both workers and also employers, and I am counting on your support to show to show solidarity with European workers, especially during these difficult times of the pandemic. Please let us all stay focussed on the right to disconnect. The report will help millions of workers and change in these challenging situations.

SOUNDBITE (Original), Alex AGIUS SALIBA (S&D, MT), rapporteur, Nothing in it or in the amendment tabled by me intends to undermine the social partners. Neither limit the Commission's legislative power to propose legislation on the right to disconnect. The report or the amendment in no way can change the treaties or limit the Commission's legislative power or veto the European legislation. Social partners in Europe are fully autonomous in what they negotiate.

SOUNDBITE (Original), Alex AGIUS SALIBA (S&D, MT), rapporteur, For me, it is clear that we as European Parliament cannot interfere in this process and the amendment should not be interpreted as making any legislative proposal contingent on the framework agreement, which, as stated in paragraph 13, addresses some arrangements for connecting and disconnecting and no other aspects of the right to disconnect. I call therefore on the Commission on the Commissioner for Jobs and Social Rights, Schmit.

SOUNDBITE (Original), Alex AGIUS SALIBA (S&D, MT), rapporteur, If the European report is adopted to act immediately through consultation with social partners and put forward a proposal for legislation on the right to disconnect because only through European legislation we can ensure the real impact on the very much needed workers rights and the digital works. Colleagues, will have a fundamental choice to make tomorrow. We either provide workers with the right to disconnect or turn our backs at them. My choice is clear. I hope you can all support the right to disconnect for all European workers. Thank you.

SOUNDBITE (Original), Massimo CASTALDO (NI, IT), chair, Thank you. Thank you very much. Mr Agius. Now on behalf of the Commission. I'd like to pass the floor to Commissioner Schmit. Commissioner, your turn again.

SOUNDBITE (Original), Nicolas SCHMIT, European Commissioner for Jobs and Social Rights, President, honourable members, dear rapporteur, I would like to thank the Committee on Employment and Social Affairs and particularly the rapporteur for the work on this legislative own initiative report. On a very important and sensitive issue, the right to disconnect. Indeed, the report addresses these important issues which is related to the profound changes in the world of work.

SOUNDBITE (Original), Nicolas SCHMIT, European Commissioner for Jobs and Social Rights, Profound change is dominated by the digitalisation of many jobs and by the way, how people work and are connected. In the last few years, we have witnessed a sustained growth in telework and an accelerated adoption of ICTs for work purposes. With the lockdowns due to the covid-19 crisis, this gained much more prominence and it will likely remain a permanent feature in the work organisation. Digitalisation has created, indeed, new businesses, new opportunities, new ways of working, living and consuming.

SOUNDBITE (Original), Nicolas SCHMIT, European Commissioner for Jobs and Social Rights, It has led to productivity increases to more flexibility for workers and businesses and in the context of the pandemic, allowed many workers and many companies just to continue their activities. So if there is on one hand an important advance, by the digitalisation of the European economy, we have also to have a very, very keen look on the upholding of working conditions and labour law.

SOUNDBITE (Original), Nicolas SCHMIT, European Commissioner for Jobs and Social Rights, The new economy cannot develop outside the normal framework of labour law, including also working time. This is not just a social dimension, it's also an economic one, so we have really to maintain a balance between the development of digitalisation online with the extremely important tools we all have in our hands. And on the other hand, the rules, the framework, the laws which protect people because we want a people-centred development of digitalisation.

SOUNDBITE (Original), Nicolas SCHMIT, European Commissioner for Jobs and Social Rights, This report identifies some of the key challenges that new technologies pose indeed to the world of work. Addressing these challenges is all the more important in view of the effects of covid-19 crisis. Because this has accelerated a lot of these processes. In Europe, we can provide ourselves with a strong set of social and labour laws which already touch upon some of the challenges raised by this report.

SOUNDBITE (Original), Nicolas SCHMIT, European Commissioner for Jobs and Social Rights, We have the Working Time directive, the Occupational Safety and Health Framework Directive, the Work Life Balance Directive, and the transparent and predictable Working Conditions Directive to mention the ones which are relevant for remote working and have a direct impact on the ability of the worker to disconnect from work obligations.

SOUNDBITE (Original), Nicolas SCHMIT, European Commissioner for Jobs and Social Rights, These laws protect the well-being of European workers and put forward safeguards, amongst other things, against excessive working hours and unpredictable work schedules, including for the ICT based work. We need to explore how best to seize the opportunities and address the challenges posed by digitalisation of the world of work. Taking into account national industry and sectoral specificities, as the rapporteur has also mentioned.

SOUNDBITE (Original), Nicolas SCHMIT, European Commissioner for Jobs and Social Rights, In this regard, high level conference of the future of work, remote work challenges, risks and opportunities planned by the Portuguese presidency comes very timely. Implementing a right to disconnect is often a matter of finding the right balance between the nature of the tasks, management style, personal choices and company-level rules. Certainly a one size fits all approach is therefore not ideal, but this doesn't diminish the importance of a right.

SOUNDBITE (Original), Nicolas SCHMIT, European Commissioner for Jobs and Social Rights, Then you have to implement the right according to the different situations. And certainly this can be best done through social dialogue. As rightly set out in your report, social partners have a central role in dealing with issues linked to this right to disconnect. Social partners should take a leading role in this regard and the commission stands ready to assist. Ready to encourage.

SOUNDBITE (Original), Nicolas SCHMIT, European Commissioner for Jobs and Social Rights, But this means that we have to be all the. In the last few years, some member states have taken action by directly or indirectly mandating social partners to negotiate provisions of the right of disconnect. Italy, Spain, France, Belgium are those amongst those countries. And in the past, social partners have already agreed on a cross-industry framework agreement on telework in 2002.

SOUNDBITE (Original), Nicolas SCHMIT, European Commissioner for Jobs and Social Rights, So quite a long time ago when telework was starting, now telework is extending and close to 30 percent and sometimes even more people are on telework. Finally, it would be perhaps important to have a look at this agreement and to adapt it to the present context and circumstances. Social partners have also come together to agree on a more recent agreement on digitalisation concluded in 2020.

SOUNDBITE (Original), Nicolas SCHMIT, European Commissioner for Jobs and Social Rights, This framework agreement specifically tackles telework and modalities of connecting and disconnecting from work, and it is currently being implemented at national, regional and local level. In this specific field, it is equally important to duly take into account the concerns on proportionality, subsidiarity and better lawmaking principles, all proposals for union action.

SOUNDBITE (Original), Nicolas SCHMIT, European Commissioner for Jobs and Social Rights, And this is absolutely fundamental and applies and also to the right to disconnect. And eventually, action in this field must be subject under Article 154 of the treaty to consultation with the EU's social partners who may decide to act by means of agreements, to act by negotiation between themselves. So anyway, this door is open, largely open:.

SOUNDBITE (Original), Nicolas SCHMIT, European Commissioner for Jobs and Social Rights, Before deciding on any action on the right to disconnect, the Commission certainly has to apply this article and will also discuss with social partners on this aspects. As a certain number of member states, as I recall, already have already introduced a right to disconnect. Many companies also established this important right through agreements with their social partners because they have understood what the rapporteur has described. People are not robots. People have limits.

SOUNDBITE (Original), Nicolas SCHMIT, European Commissioner for Jobs and Social Rights, So if you are if you want to have a better productivity, you cannot just occupy people 24 hours a day and seven days a week. So I think this is an important contribution, economic and social again. And this shows the importance of this right to disconnect for the good functioning, for the good functioning of companies. And very often, by the way, it's IT companies who have introduced this right to disconnect.

SOUNDBITE (Original), Nicolas SCHMIT, European Commissioner for Jobs and Social Rights, It underlines also the crucial role of social partners in this field. Their mission is inviting social partners to proactively work together in order to come to an adequate solution for the benefits of workers and companies. Certainly the Commission is ready to accompany and support them in this endeavour. And then the right of the treaty also of Article two to five is absolutely there and can be used by the Commission if needed. Thank you.