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Future

​Will There Be A Legal Right To Telework?

Silicon Valley firms are leading the way in corporate policy, while European countries like Germany are beginning to draw up laws to create a bonafide legal right to work from home.

Photo of a man working on his laptop while sat on a couch, with a power plug and a cup of tea in the foreground.

Home office, sweet home office

Carl-Johan Karlsson

Employers and governments around the world have been oscillating between full remote requirements to everyone-back-to-the-office to forever-flex schedules. Now, two years into the pandemic, working from home appears bound to be a feature of our current existence that will be with us — in some form — once COVID-19 is gone.

But even as companies experiment with different policies, others are pushing to see it translated into law — in other words, to make working from home a right.


The leading edge of the debate is undoubtedly in Europe, with a handful of countries considering changes to, or even already having altered, their labor laws in the wake of the first pandemic lockdowns.

​Mandatory two days minimum

In Luxembourg, after a petition to recognize the right to telework was introduced in April 2020, the chamber of deputies published a new petition last month to make two days of remote work a week mandatory, Delano magazine reports; In Poland, where eight in 10 employees indicate hybrid work as their ideal choice, a new bill regarding remote work was introduced last May; while in Spain, a new law was passed in September 2020 to regulate home working.

The impediments of remote work can often extend well beyond manual labor.

But no country has yet gone as far as Germany, where Federal Minister of Labor Hubertus Heil recently announced plans to make the home office a legally protected part of German work culture. The new coalition government is currently drawing up a law that would provide employees with a legal right to work from home — granting employers the right to refuse only if there are legitimate “operational reasons.”

The government’s announcement has raised questions about what “operational reasons” will actually mean in practice. Writing in German daily Die Welt, Gregor Thüsing, Director of the Institute for Labor Law at the University of Bonn, notes that the only example provided by Heil that would justify forced on-site work is industrial labor — which sets a very high bar for the ability of employers to demand that any white-collar employees come into the office.
Photo of two people working on their laptops

Office is were the home is.

images.unsplash.com

​Data protection, stunted creativity

Thüsing suggests that the impediments of remote work can often extend well beyond manual labor, noting that operations can also be undermined by limited dialogue between employees, stunted creativity and — increasingly in our digital age — compromised data protection.

Of course, the always-connected internet reality also raises questions about the rights of workers in their off-hours, with Portugal passing a law last year that made it a crime to disturb employees when they’re not on the clock.

Still, on both fronts, the most crucial question might be whether countries can manage to regulate digital working rights without an overly bureaucratic postiche and runaway corporate costs.

Remote work is an “aberration that we’re going to correct as soon as possible.”

Following the introduction of Spain’s home-working law in 2020, El Pais reports that the new regulation — forcing companies to cover the cost of “all resources, equipment and tools” needed by a worker to carry out their job remotely — has incurred unmanageable costs for smaller companies.

Google and Facebook flex first

In the UK, reports last year that the government was planning on granting employees the right to request flexible working from the moment they start a job sparked controversy as businesses warned that such cumbersome legislation would cause corporate chaos.

In the U.S., major tech firms like Google and Facebook have been convinced by the pandemic experience that full flexibility is the best corporate policy, though as WIRED recently reported, some of those who choose full remote may see their pay cut.

Leaders in the U.S. banking and finance sector, instead, have pushed to force all employees back to the office as soon as the spread of the virus slows. Last winter, Goldman Sachs CEO David Solomon said remote work is an “aberration that we’re going to correct as soon as possible.”

With labor rights in Africa and Asia even thinner than the U.S., those advocating legal protection for remote work will focus on advances in such countries as Germany, Spain and France — not to mention cutting-edge private-sector policies in Silicon Valley.

For once, it seems, European governments and U.S. Big Tech may actually be aligned.

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Future

AI Is Good For Education — And Bad For Teachers Who Teach Like Machines

Despite fears of AI upending the education and the teaching profession, artificial education will be an extremely valuable tool to free up teachers from rote exercises to focus on the uniquely humanistic part of learning.

Journalism teacher and his students in University of Barcelona.

Journalism students at the Blanquerna University of Barcelona, Catalonia, Spain.

© Sergi Reboredo via ZUMA press
Julián de Zubiría Samper

-Analysis-

BOGOTÁ - Early in 2023, Microsoft tycoon Bill Gates included teaching among the professions most threatened by Artificial Intelligence (AI), arguing that a robot could, in principle, instruct as well as any school-teacher. While Gates is an undoubted expert in his field, one wonders how much he knows about teaching.

As an avowed believer in using technology to improve student results, Gates has argued for teachers to use more tech in classrooms, and to cut class sizes. But schools and countries that have followed his advice, pumping money into technology at school, or students who completed secondary schooling with the backing of the Bill and Melinda Gates Foundation have not attained the superlative results expected of the Gates recipe.

Thankfully, he had enough sense to add some nuance to his views, instead suggesting changes to teacher training that he believes could improve school results.

I agree with his view that AI can be a big and positive contributor to schooling. Certainly, technological changes prompt unease and today, something tremendous must be afoot if a leading AI developer, Geoffrey Hinton, has warned of its threat to people and society.

But this isn't the first innovation to upset people. Over 2,000 years ago, the philosopher Socrates wondered, in the Platonic dialogue Phaedrus, whether reading and writing wouldn't curb people's ability to reflect and remember. Writing might lead them to despise memory, he observed. In the 18th and 19th centuries, English craftsmen feared the machines of the Industrial Revolution would destroy their professions, producing lesser-quality items faster, and cheaper.

Their fears were not entirely unfounded, but it did not happen quite as they predicted. Many jobs disappeared, but others emerged and the majority of jobs evolved. Machines caused a fundamental restructuring of labor at the time, and today, AI will likely do the same with the modern workplace.

Many predicted that television, computers and online teaching would replace teachers, which has yet to happen. In recent decades, teachers have banned students from using calculators to do sums, insisting on teaching arithmetic the old way. It is the same dry and mechanical approach to teaching which now wants to keep AI out of the classroom.

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