An already-outdated policy in a new era of work? The need for teleworking change, especially within the External Action Service (EEAS) and Brussels (‘HQ’) rules. In a world where remote work has proven not only feasible but often preferable, the teleworking and teleworking from anywhere (TWA) policies remain a little too rigid and, to many, stuck in the past.
Both the Commission and the EEAS currently have TWA at 10 days per year and, depending on the role, general teleworking for part of the working week, but does this go far enough?
10 TWA days: underused
Please already plan (EEAS and Luxembourg and Brussels) how to use your 10 TWA days[1]. Given that the average number used is only 7, HR states that 10 days are more than sufficient for current needs. You can exceptionally have access to an additional month (Commission, Working Time and Hybrid Working Decision (2022) Article 9(8)) or 20 days (EEAS): it’s there to be used, so use it!
Weekly telework limits: why such low limits at the EEAS?
- EU Commission 1 day office presence minimum
- EEAS HQ: 3 days office presence minimum for officials[2]
- EEAS Delegations: 4 days office presence minimum for officials[2]
- Belgian state: 2 days telework maximum
Remeber you have the right to work from the office every day, if you so wish: telework remains ostensibly voluntary.
Cross-border telework ≠ TWA
Cross-border EU staff (‘les frontaliers’) who are working from home: if sysper accepts that this is where you live, then you are working from your place of assignment. This is not counted as TWA. It it is often possible to live in a neighbouring country and still be within a reasonable distance of your place of employment as specified in Article 20 of the staff regulations: ‘compatible with the proper performance of his duties.’ There is no precise definition of this distance[3], but Brussels-based staff can have a partial reimbursement of their transport costs up to a 60km maximum distance and the EEAS 65km, to give you an idea.
For this reason we try to avoid explaining TWA by the term ‘teleworking from abroad’ and much prefer the term ‘teleworking from anywhere‘ since we find it less open to misinterpretation. WTHW Article 11 refers to Telework outside the place of employment, as does the EEAS (Article 6.2) while HR has also telework away from the place of employment, so national borders should have no influence here. The question is whether you are working from home, from the office, or from somewhere else. That somewhere else may or may not count as TWA, depending on the circumstances and the distance.
The rhetoric vs the reality: A modern EU Administration?
The discrepancy between policy and practice becomes stark when considering European Commission President Ursula von der Leyen’s vision of a modern EU administration. She emphasised:
“If we stick to the principle that we say how you develop your work, it’s your decision, we are just interested in the result. So, wherever you work and with your laptop wherever you connect, that’s fine, that’s your decision, but the result is important. If it goes that way, this is the right way to move it.” (European Central Bank podcast)
This forward-thinking perspective promotes a results-oriented culture, where location is secondary to performance. Unfortunately, the EEAS and Commission’s policies fail to align as wholheartedly with this vision as the quote above would suggest, leaving many staff members disappointed.
Legal and practical considerations yes, but fairness too!
While Belgian law does introduce administrative and tax considerations for teleworking from another country and in the institutions place of assignment and place of origin are used for the calcuation of many allowances, other EU institutions have demonstrated that workable solutions and increased flexibility can exist.
Core time at the European Central Bank (ECB)there starts on Monday at 14h and ends on Friday at noon.
‘… staff may telework from a location within the Union for a maximum of 90 working days per calendar year … staff may telework from a location outside the Union for up to 20 working days per calendar year…” (Art. 5.1bis).
Staff at the European Patent Office (EPO) may telework from abroad for 60 days per year. and have a MINIMUM presence in the office of 60 days PER YEAR! In the meantime our own Corporate Management Board (23.01.2023) would like to see more presence in the office. Note also the formal reprimand of a colleague who worked from abroad without informing hierarchy: IDOC activity report 2021, page 12, under ‘unauthorised absences’ although the colleague was working.
At the Commission townhall meeting 20.11.2023 it was stated that the Commission is in the middle of the institutions with regards to TWA provision, while the working time and hybrid working (WTHW) evaluation comparison (p.55) suggests that the Commission is at the less-generous end of the scale.
These examples illustrate that a flexible and fair approach is not only possible but also practical within the EU’s legal framework.
Generation 2004’s position: Advocating for Change
As the largest staff association within the European Commission, Generation 2004 has consistently championed a fairer teleworking policy. Since 2020, we have proposed an increase in the TWA allowance to 60 days per year for all staff members, without the need for specific justifications. Our approach is simple:
- Open a Constructive Dialogue: With the EEAS and Commission administrations to explore revisions to the 10-day limit.
- Align Policies with Best Practices: Emulate successful models from other EU institutions, promoting a results-oriented culture.
- Legal Compliance and Flexibility: Develop solutions that comply with national law while offering equal opportunities to all staff.
- Engage and Listen: Collect feedback and testimonies from staff members to present a compelling case for meaningful change.
- Push training and support for manager of remote teams to ensure the culture of trust mentioned in the WTHW decision is real and that managers do not micromanage (e.g. using Teams or Skype status as a proxy for presence: see question 14 of the flexible working FAQs: this is not the intended use of these apps and status is not a reliable indicator of presence or non-presence.)
Please already plan (EEAS and Luxembourg and Brussels) how to use your 10 TWA days[1]. Even if you’re from Brussels and work in Brussels, you have these 10 TWA days: they are not linked to any nationality or place of origin limitations. Please use them!
Staff morale and work-life balance
As research develops in this fields it becomes even clearer that TWA is a very beneficial tool for both employees and employers. The Organisation for Economic Co-operation and Development (OECD) supports more flexible teleworking policies, noting that remote workers often report higher satisfaction with their work-life balance, mental, and physical health. Our own staff surveys have consistently been positive on the teleworking (also from from anywhere) on staff well-being, highlighting the need for modernisation of current policies.
‘… teleworkers who are allowed to work from abroad are more often satisfied with their work-life balance, mental, and physical health’ (Teleworking-workplace-policies-and-trust.pdf (oecd.org), page 3)
‘When asked about the usefulness of the option to telework from abroad,
- 92% of managers acknowledged this to have a positive impact on staff wellbeing and contribute positively to their availability (62%) and performance (61%).
- The impact of teleworking from abroad on managers’ capacity to manage their team was largely considered neutral (48%), with clearly more managers assessing also this aspect positively (39%) than negatively (12%).’ (Pulse survey on flexible working for managers: 28 February – 3 March 2023)
Advocating for a revised teleworking policy is not just about working from home — it’s about demonstrating our commitment to a modern, inclusive, and supportive work environment.
Conclusion: The time for change is NOW
The current teleworking policy is working but could go further. As Generation 2004, we envision a fair and modern workplace where results matter more than geography. While the instutions are making progress, sometimes they are behind Member States in provision. Recent examples are ‘gifted’ social security contributions and chosing to adopt the legal minimum for leave for the birth of a child (‘paternity’ leave).
We are ready to take this discussion forward, advocating for a teleworking policy that reflects the values of a modern EU administration—one where flexibility, fairness, and equality are not just slogans, but realities for all staff.
We invite all staff members to share their experiences and suggestions, helping us strengthen our case and build momentum towards a more equitable workplace. Together, we can ensure that the EEAS HQ and the European Commission become leaders in modern workplace practices, setting a benchmark for inclusivity and flexibility across European institutions.
As always, we would love to hear from you. Please do not hesitate to get in touch with us or leave a comment below.
If you appreciate our work, please consider becoming a member of Generation 2004.
[1] The TWA days are independent of the home leave for officials, temporary staff and contract staff serving in a third country, though remember that the number of those days were reduced, just as the number of days to travel to the place of origin was reduced with the 2014 staff regulations reform. So, make the most of what you have! Here’s how to encode TWA days at the Commission and believe that the occassional telework setting may also be the one to use at the EEAS, please tell us if our guess is correct!
[2] For Temporary Agents and Contract Agents the teleworking system is based on the now-obsolete-for-most-other-staff system of occasional or structural telework. It is more rigid, but still offers 50% telework.
[3] If it’s a work trip (mission) or another Commission building then it’s work, not TWA. If you’re working from a cafe, or another address within reasonable distance from the place of work then we do not believe this to fall within the definition of TWA:
Without prejudice to Article 11, telework shall be performed at the place of employment or at no greater distance therefrom as is compatible with the
proper performance of the duties, in accordance with Article 20 of the Staff Regulations. Staff shall telework from a place allowing them to physically come to
the office within a reasonable time without being dependent on the hazard of transportation, in case of an unforeseen service need.
This paragraph shall not prevent staff members, working in Luxembourg or other places of employment which are in a similar geographical situation vis-à-vis
neighbouring Member States, from residing outside the Member State of the place of employment. (WTHW decision, Article 10(1))
