European Union: Opened consultation on European Commission on potential legislation on fair telework and the right to disconnect

On 30 April 2024, the Commission announced the initiation of a first-stage consultation with European social partners regarding the development of EU legislation on fair telework and the right to disconnect. The consultation, which is open until 11 June 2024, follows the European Parliament's 2021 resolution advocating for legislative proposals on the right to disconnect. The Commission aims to gather information on the potential direction of EU policies to ensure that telework is conducted under fair conditions and that workers have the right to disconnect. Under Article 154(2) of the Treaty on the Functioning of the European Union (TFEU), the Commission must consult with management and labour before proposing new social policy legislation. The consultation seeks opinions on whether the Commission has properly identified the challenges and opportunities of telework and the right to disconnect, the necessity of EU action, and the potential scope and direction of such action. Based on the feedback from this initial consultation, if the Commission deems legislative action necessary under Article 153 TFEU, it will proceed with a second-stage consultation involving social partners to discuss the proposed legislative content.