Who can work remote?
The labor code in France does not set any criteria or specific conditions to determine the possibility or the advisability of implementing remote working in a company for the benefit of employees.
In theory, Teleworking applies to all professional categories.
However, this is not a right for the employee. Within the same company, it is possible that the profile of one position prevents the implementation of teleworking while other positions may benefit from it. Thus, employers can decide to set up remote working only for certain categories of staff.
If an employer has the right to refuse teleworking to an employee, even if teleworking is set up within the structure, he however has the obligation to justify his response.
On the other hand, the refusal to accept a remoteworker position is not a reason for terminating the employment contract.
In accordance with the national protocol to ensure the health and safety of company employees in the face of the Covid epidemic-19, teleworking is a way of organising the company that actively participates in the process of preventing the risk of COVID-19 infection.
Also, telework should be the rule as soon as this modality of work is compatible with the tasks carried out. When an employee can carry out all his tasks remotely, the working time carried out in telework is increased to 100%.
For employees who telework 100%, a return to work as before is possible within the limit of 1 day per week, when they feel the need and with the consent of the employer.
While normally telework can only be implemented on the basis of the employee’s volunteerism, it can be imposed by the employer in case of exceptional circumstances, such as a epidemic threat (article L1222-11 of the French Labour Code).
Finally, if you are at the head of a VSE-SME and need support to organize teleworking , maintain employee engagement , adjust your health protocol or even cope with variations in activity, you can call on “Objectif reprise”. Objectif reprise is a free device, set up by the Ministry of Labor.
Source: Bercy infos (French Ministry of the Economy and Finance) – 18/01/2021
