Radevich E.R. Historical Backgrounds and Basic Models of the Legal Regulation of Telework

Abstract: Based on a thorough analysis of foreign legal literature, this article examines the process of introduction of the term «telework» as a scientific definition. Historical backgrounds favoring the wide dissemination of telework are revealed. Positive consequences of telework are classified on the bases of its level of social importance. Basic models of the legal regulation of telework which are fixed in world practice are examined. In accordance with the first one taken as a basis by International Labour Organization telework is considered as one of varieties of home work. Owing to some common features it is presumed that they may have the single legal framework. The second model assumes the necessity of the separate legal regulation of telework. It is believed that the legal framework of home work and telework can not be the same, so long as the former is traditionally manual work which is done by low-skilled workers and the latter is a modern form of organizing and/or performing chiefly intellectual work through wide use of information technology. Such model was taken as a principle, in particular, in the EU. Implementation process of the basic act in this sphere at the European level — Framework agreement on telework 2002 — has some specific features. For the first time in the history of European employment law implementation of an agreement of social partners should not be preceded adoption of a respective directive. Instead of this, EU members had to implement provisions of the framework agreement directly. In reality, different modes of implementation were used. Its diversity may be explained by both differences in the legal regulation of employeremployee relationship and significance attached to each approach by public authorities of a separate country in ensuring of expansion process of telework.

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