Hybrid Work Support in the Provence-Alpes-Côte d’Azur
I organize my hybrid stay in the Provence-Alpes-Côte d’Azur region

Remote Work Legislation – Public Sector (FPE)

What is it all about?

Teleworking is a form of work organisation that allows an employee to work away from his or her usual department or premises using information and communication technologies (ICT).

Teleworking is set up at the agent’s request.

However, in exceptional circumstances, telework can also be introduced at the request of the administration to ensure the continuity of public service and the protection of agents.

Please note: on-call duty (i.e. periods during which you have to stay at home, at the disposal of your administration) and interventions during on-call duty do not constitute telework.

Who is affected?

You can carry out part of your activity as a teleworker, whether you are a civil servant or a contractual employee, if this activity can be carried out remotely, using computer tools.

Setting up

The conditions for the introduction of telework are set by ministerial decree, after consulting the technical committee.

This decree lays down the following points:

  • Activities that can be carried out in teleworking
  • List and location of any business premises made available by the administration for the performance of teleworking duties, the number of workstations available there and their equipment
  • Rules to be complied with with regard to the security of information systems and data protection
  • Working time, safety and health protection rules to be respected
  • Conditions of access at the telework location to the bodies responsible for ensuring the correct application of health and safety rules
  • Conditions for monitoring and accounting for working time
  • Conditions under which the administration covers the costs directly resulting from teleworking (hardware, software, subscriptions, communications, tools, maintenance of these tools, etc.).
  • Training conditions for the equipment and tools needed for teleworking
  • Conditions for drawing up the certificate of conformity of installations to technical specifications if you telework at home or in another private place

How is teleworking organised?

Regular or occasional teleworking

The telework authorisation can be granted for regular or occasional use of telework.

It may provide for the allocation of fixed telework days during the week or month.

You can inform your supervisor of your need to come to the workplace on a day for which you are authorised to telework and ask to move the telework day.

If it is necessary or convenient for the organisation or performance of your work, you may decide to carry out your activities at your workplace. Your administration may ask you to inform your supervisor.

The telework authorisation may also provide for the allocation of a number of floating telework days per week, month or year, which you can request to use from your line manager.

The same telework authorisation may provide for these different possibilities.

Teleworking location

You can work at home, in another private place or in another business premises (such as a telecentre: Office space equipped with computer equipment and made available to teleworkers from different companies or administrations).

The same telework authorisation may provide for these different possibilities.

Number of teleworking days allowed

The maximum number of days of telework is set at 3 days per week for a full-time employee.

The number of days worked in the usual department or premises cannot be less than 2.

These thresholds can be calculated on a monthly basis.

However, if your state of health, disability or pregnancy justifies it, you can ask to telework more than 3 days a week.

If your request is motivated by your state of health or a disability, authorisation is granted for 6 months after the opinion of the occupational physician. It may be renewed after the occupational physician’s opinion.

You may also be authorised, at your request, to telework temporarily for more than 3 days a week because of an exceptional situation that disrupts access to the service or work on site.

Equipment

The administration covers the costs directly related to teleworking: hardware, software, subscriptions, communications and tools. It also ensures the maintenance of the equipment. The conditions of this coverage are defined by ministerial order.

The administration is not obliged to cover the cost of renting a space for teleworking.

If you are disabled, the administration can make the necessary adjustments to your workstation at your teleworking location. However, these adjustments must not involve costs that are disproportionate to the financial support available to the administration.

If you request the use of floating telework days or if you request to telework temporarily, the administration may allow you to use your personal computer equipment.

How do I apply?

Request

You must make your request for telework in writing.

You must specify the desired telework conditions: regular or occasional use, location(s), number of days desired.

If you wish to telework at home or in another private place, you must provide a certificate of compliance of the facilities with the technical specifications.

If you change your job, you must submit a new telework application.

Review by the administration

The administration examines the compatibility of the request with the nature of the activities carried out and the interests of the service.

The administration will make its decision known in writing within a maximum of one month from the date of receipt of the request.

When the administration organises a census of applications, it responds within a maximum of one month from the deadline for submitting applications.

Decision of the administration

A) Acceptance

The authorisation to telework may include an adaptation period of maximum 3 months.

It includes the following information:

  • Functions carried out in telework
  • Place(s) of telework
  • Conditions of implementation of telework and, if applicable, duration and time slots during which you telework, are at the disposal of your employing administration and can be reached, in accordance with your work cycle or usual working hours
  • Start date of telework

 

The written authorisation to telework is accompanied by an information document indicating the conditions of application of telework to your professional situation. This document specifies in particular the nature and functioning of the monitoring and accounting systems for your working time. It also specifies the equipment made available to you and the conditions for its installation and return. It specifies the conditions of use, renewal and maintenance and the technical support provided by the administration.

The written authorisation to telework is also accompanied by the following documents:

  • Copy of the conditions for the implementation of telework set by ministerial order
  • A document reminding you of your rights and obligations in terms of working hours and health and safety

 

B) Refusal

The refusal must state the reasons and be preceded by an interview.

You can refer to the CAP, if you are a civil servant, or to the CCP, if you are a contractual employee, in case of refusal of a first request or of a request for renewal of telework.

Rights of the teleworking agent

Working hours
Your working hours and workload remain the same whether you work on site or at home.

The maximum daily and weekly working hours, rest periods, breaks and the counting of working time are the same for on-site and teleworking.

Your line manager will determine, in consultation with you, the time slots during which you can be contacted, in line with the working hours in your department.

In case of flexible working hours during the telework period, the time slots for calling are defined in the telework authorisation.

During the annual appraisal interview, your supervisor should discuss with you the conditions of your teleworking activity and your workload.

Work-related injury
You have the same rights and obligations as a staff member working on the administration’s premises.

An accident that occurs during teleworking hours and in the course of your teleworking duties is considered an accident at work.

An accident may be considered a commuting accident in the following situations:

Travelling between your home and your telework place (if your telework place is different from your home), including detours in the journey for the necessities of life (dropping off and picking up children, etc.)
Travel between your telework location and the service, in case of temporary exceptional return to your service on a telework day
Travel between your telework location and your usual restaurant during the working day.

Reimbursement of expenses incurred by the employee
From 1 September 2021, you are entitled to a flat-rate allowance of at least €2.50 per day of teleworking, up to a maximum of €220 per year.

Meal expenses
You are not entitled to any reimbursement of your meal expenses.

You are responsible for your meal expenses on the days you telework. However, the employing administration may provide for specific agreements with administrative restaurants close to the telecentres you use.

End of teleworking

Telework may be terminated at any time, in writing, at your request or at the initiative of the administration, subject to a two-month notice period.

When it is the administration that terminates telework, the notice period can be reduced in case of service necessity: It is linked to the principle of continuity of public service. It is linked to the principle of continuity of the public service. Thus, a head of department must guarantee the proper functioning of his or her department (while taking into account the personal situations of each employee).

The interruption of telework at the initiative of the administration must be justified and preceded by an interview.

When telework is terminated during the adaptation period, the notice period is one month.

If you request the end of telework, this does not prevent you from reapplying for telework later.