What is it all about?
Remote working is a form of work organisation based on information and communication technologies (ICT). Remote working allows or requires the employee to work away from the premises of his or her employer.
The employee can therefore work either at home or in a coworking space (if he lives far away from his company or if he has a nomadic profession for example).
Setting up
Remote working is being introduced:
- Either as part of a collective agreement
- Either within the framework of a charter drawn up by the employer, after the opinion of the CSE (Comité social et économique) if exists
In the absence of a charter or collective agreement, when the employee and the employer agree to use telework, they formalise their agreement by any means.
There are 2 forms of remote working :
- Regular telework makes it possible to have a regular schedule. This arrangement is specified in the collective agreement or in the charter drawn up by the employer after consultation of the CSE if exists
- Remote working occasional makes it possible, in exceptional circumstances (e.g. Covid-19 epidemic), to set up this system.
Note: in exceptional circumstances (e.g. threat of epidemic), telework can be imposed without the employees’ agreement. This provision also applies in cases of force majeure. These measures can be taken to ensure the continuity of the activity and the protection of the workers.
Organisation of work
The collective agreement or charter drawn up by the employer specifies the following:
- Positions eligible for teleworking
- Conditions for switching to remote working (e.g. in the event of a pollution episode) and returning to an employment contract without teleworking
- Mode of acceptance by the employee of the conditions for implementing telework
- Working time control or workload regulation mode
- Determination of the time slots during which the employer can usually contact the employee by teleworking
Obligations of the employer
Refusal to telework
An employer who refuses to grant telework to an employee occupying a position allowing him/her to benefit from it (under the conditions laid down by collective agreement or charter) must give reasons for his/her reply.
Work material
The employer shall inform the employee of any restrictions on the use of computer equipment or tools or electronic communication services. The information must warn the user of the sanctions in the event of non-compliance with these restrictions.
Annual maintenance
Every year, the employer must organise an interview, which covers in particular the employee’s working conditions and workload.
Rights of the remote worker
General rights
The teleworker is an employee of the company. They therefore have the same individual and collective rights as all employees:
- Access to training
- Privacy Policy
- Right to disconnect
- Health and safety at work
- Access to company social activities, trade union information, social benefits (e.g. luncheon vouchers, holiday vouchers)
Stop working remotely
The teleworker is given priority to take up or return to a non-teleworking job that matches his/her professional qualifications and skills. His employer is obliged to inform him about the availability of any such position.
Refusal to telework
Refusal to accept telework is not a reason for terminating the employment contract.
Accident at work
An accident occurring at the telework location during the teleworker’s professional activity is presumed to be an accident at work.
Reference texts
- Labour Code: articles L1222-9 to L1222-11
- National interprofessional agreement of 19 July 2005
Source:
Service-Public.fr
