Teleworking is a form of work organization in which work that could have been performed at the employer's premises is carried out by an employee outside those premises. The employee must be willing. They use information and communication technologies. Setting up teleworking must comply with certain rules. We review the regulations.

How to set up teleworking?

Teleworking can be set up as part of a collective agreement or a charter drawn up by the employer.

In the absence of a collective agreement or charter, the employer and the employee can agree to use teleworking.

Collective agreement or charter

The collective agreement or the charter drawn up by the employer must specify the following elements:

• Conditions for switching to teleworking (particularly in case of pollution episodes, for example)
• Formalities for the employee's acceptance of teleworking implementation conditions and return to employment contract execution without teleworking
• Formalities for monitoring working time or regulating workload
• Determination of time slots during which the employer can usually contact the teleworking employee
• Formalities for disabled workers' access to teleworking
• Formalities for pregnant employees' access to teleworking
• Formalities for access to teleworking arrangements for employees caring for a child, parent, or loved one

Agreement between employer and employee

The employer and the employee can, at any time, agree to use teleworking.

They formalize their agreement by any means. This agreement can take different forms, such as a clause in the employment contract or an amendment to the contract.

To avoid disputes, it is preferable that this agreement be in writing.

Please note
In case of exceptional circumstances (threat of an epidemic, for example), teleworking can be imposed without the employee's consent. This provision also applies in cases of force majeure.

Must the employer consult the social and economic committee (CSE) for setting up teleworking?

In companies with more than 50 employees, the CSE, when it exists, must be consulted before setting up teleworking.

In which locations can teleworking be performed?

When teleworking, the employee can work in all locations defined by the collective agreement, the charter, or authorized by the employer, such as:

• At their home
• In a telecenter, shared office
• Any other location for employees who travel frequently

What are the different frequencies of teleworking?

There are 2 frequencies of teleworking: regular teleworking and occasional teleworking.

The frequency of teleworking is specified in the collective agreement or in the charter drawn up by the employer.

Regular teleworking

Regular teleworking allows for regularity in the schedule (1 to 2 days per week, for example). This arrangement is specified in the collective agreement or in the charter drawn up by the employer.

Occasional teleworking

Occasional teleworking consists, for example, of doing a few days or weeks per year in teleworking.

Can teleworking be refused by the employer?

Yes, in certain cases, the employer can refuse teleworking.

Teleworking set up by collective agreement or charter

The employer who refuses to grant teleworking to an employee holding a position allowing them to benefit from it must explain the reasons for their response.

Absence of collective agreement or charter

In the absence of a collective agreement or charter, the employer can explain their refusal, but is not obliged to do so.

Please note
When the request to use teleworking is made by a disabled worker or an employee caring for a child, parent, or loved one, the employer must explain the reasons for their refusal.

Can teleworking be refused by the employee?

Yes, the employee can refuse to switch to teleworking.

The employee's refusal to agree to switch to teleworking is not grounds for termination of the employment contract.

Please note
In case of exceptional circumstances (threat of an epidemic, for example), teleworking can be imposed without the employee's consent. This provision also applies in cases of force majeure.

What are the employer's obligations towards the teleworking employee?

Work equipment

When teleworking is performed at home, the employer must provide, install, and maintain the equipment necessary for teleworking.

This obligation must be met if the electrical installations and workplaces are compliant.

If, exceptionally, the teleworker uses their own equipment, the employer ensures its adaptation and maintenance.

Data protection

The employer has an obligation to protect data used and processed by their employees, including the teleworker.

This obligation applies whether the teleworker uses the employer's equipment or their own equipment.

Information on the use of equipment

The employer informs the employee of any restriction on the use of computer equipment or tools or electronic communication services.

The information must warn the user of sanctions in case of non-compliance with these restrictions.

Priority access to a position without teleworking

The employer must give priority to the employee to occupy or resume a position without teleworking that corresponds to their qualifications and professional skills. They must also inform them of any such position.

Monitoring and regulation of the employee's workload

The workload, production standards, and performance criteria required of the teleworker must be equivalent to those of employees in comparable situations working on the premises.

Benchmarks identical to those used in the company are given to the teleworker.

The workload and completion deadlines are evaluated using the same methods as those used for work done on the company's premises. They must, in particular, allow the teleworker to comply with rules relating to working time and especially maximum working time and rest periods.

Annual interview

The employer must organize an annual interview each year that focuses in particular on the employee's working conditions and workload.

This interview is separate from the performance review and the professional interview.

What are the teleworker's rights?

General rights

The teleworker is an employee of the company.

They therefore benefit from the same individual and collective rights as all employees:

• Rights to training
• Respect for private life
• Health and safety at work
• Access to the company's social activities, union information, social benefits (meal vouchers, vacation vouchers, for example)

Right to training

The teleworking employee has the same right to training and career development opportunities as if they were not teleworking.

The employee teleworking regularly also receives appropriate training. It focuses on the technical equipment at their disposal and the characteristics of this form of work organization.

Ending teleworking

The employer and the employee can, by mutual agreement, agree to end teleworking and organize the employee's return to the company's premises.

Specific conditions for returning to contract performance without teleworking can be provided for by the collective agreement or charter applicable in the company.

These specific conditions can possibly provide for formalities to end teleworking without the agreement of the other party.

The teleworker has priority to occupy or resume a position without teleworking that corresponds to their qualifications and professional skills.

Their employer must inform them of the availability of any such position.

Work accident

An accident occurring at the location where teleworking is performed during the exercise of the teleworker's professional activity is presumed to be a work accident.

What are the obligations of the teleworking employee?

The teleworking employee has the same obligations as any other employee.

They must respect the employer's instructions, the clauses provided for in the collective agreement, the charter, or the employment contract.

For example, they must respect working hours or the conditions for using equipment provided by the employer.

The employer can monitor their work.

Must the employer cover costs related to teleworking?

Costs related to teleworking

The employer must cover expenses incurred by an employee in the performance of their employment contract.

As such, they therefore cover costs incurred by teleworking.

This coverage can be based on expenses actually incurred by the employee and justified (with supporting invoices). It can also be done through payment of a flat-rate allowance.

Home-to-work transportation costs

The employer covers 50% of the price of subscription tickets for the teleworking employee for their travel between their usual residence and their workplace.

These are public transport services such as the following:

• Metro
• Bus
• Tram
• Train
• Bike rental

When teleworking is only performed 1 or 2 days per week, coverage by the employer is identical to that of an employee who is permanently in the company. The subscription amount is not modified.

Legal texts and references

• Labor Code: articles L1222-9 to L1222-11
• National interprofessional agreement of July 19, 2005
• National interprofessional agreement of November 26, 2020

Source:
Service-Public.fr

Last updated: February 28, 2025

(Don't forget to always consult the source)

(This is a translation of a copy from the official French source. All links refer to French-language sources. Errors may occur. For legally binding information, always consult the original source.)