Teleworking is a form of work organization in which a task that could have been performed on the employer’s premises is carried out by an employee outside of those premises. The employee must volunteer. They use information and communication technologies.

How is teleworking implemented? In what places can teleworking be done?

 
 
How to implement teleworking?

Teleworking can be implemented under a collective agreement or a policy drawn up by the employer.
In the absence of a collective agreement or policy, the employer and the employee may agree to use teleworking.

Collective agreement or policy

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

• Conditions for switching to telework (such as in case of pollution episode, for example)
• Method of employee acceptance of teleworking conditions and return to regular work without teleworking
• Method of monitoring working hours or regulating workload
• Determination of time slots during which the employer can usually contact the teleworker
• Access method for workers with disabilities to telework
• Access method for pregnant employees to telework
• Access method for employees caring for a child, a parent, or a relative to a teleworking arrangement

 
Agreement between the employer and the employee

The employer and the employee can agree to use teleworking at any time.
They formalize their agreement by any means. This agreement can take various 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 written.

Note
In exceptional circumstances (such as the threat of an epidemic), teleworking can be imposed without the employees’ agreement. This provision also applies in cases of force majeure.

 
 
Does the employer need to consult the Social and Economic Committee (CSE) before implementing telework?

In companies with more than 50 employees, the CSE, when it exists, must be consulted before implementing telework.

 
 
Where can teleworking be carried out?

When teleworking, the employee can work in any location defined by the collective agreement, the policy, or authorized by the employer, such as:

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

 
 
What are the different frequencies of teleworking?

There are two types of teleworking. The frequency of teleworking is specified in the collective agreement or the policy developed by the employer.

Regular telework

Regular telework allows for a consistent schedule (e.g., 1 to 2 days per week). This arrangement is specified in the collective agreement or the employer’s policy.

Occasional telework

Occasional telework involves working from home for a few days or weeks per year.

 
 
Can telework be refused by the employer?

The employer can refuse teleworking.

Telework established by collective agreement or policy

An employer who refuses to grant telework to an employee eligible for it must explain the reasons for their decision.

Absence of collective agreement or policy

In the absence of a collective agreement or policy, the employer is not required to explain the reasons for their refusal.

Disabled or caregiver employee
When the telework request is made by a disabled worker or an employee caring for a child, parent, or relative, the employer must explain the reasons for their refusal.

Note
In exceptional circumstances (such as the threat of an epidemic), telework can be imposed without the employees’ agreement. This provision also applies in cases of force majeure.

 
 
Can the employee refuse teleworking?

The employee can refuse to switch to teleworking.
Refusing to switch to teleworking is not grounds for terminating the employment contract.

Note
In exceptional circumstances (such as the threat of an epidemic), telework can be imposed without the employees’ agreement. This provision also applies in cases of force majeure.

 
 
What are the employer’s obligations to the teleworker?

Work equipment

When telework is done from home, the employer must provide, install, and maintain the necessary equipment for teleworking.

This obligation must be fulfilled if the electrical installations and workspaces meet standards.

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

Data protection

The employer is obliged to protect the data used and processed by its employees, including the teleworker.

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

Information on equipment use

The employer informs the employee of any restrictions on the use of equipment, IT tools, or electronic communication services.

The employee must be warned of any sanctions in case of non-compliance with these restrictions.

Priority for non-telework positions

The employer must give priority to employees to occupy or return to non-telework positions that match their qualifications and professional skills. The employer must also inform them of any such available positions.

Control and regulation of the employee’s workload

The teleworker’s workload, production standards, and performance criteria must be equivalent to those of comparable employees working on the employer’s premises.

Identical benchmarks are provided to the teleworker.

The workload and deadlines are evaluated using the same methods as those used for tasks performed in the company’s premises. This ensures the teleworker can comply with work duration regulations, especially maximum working hours and rest periods.

Annual review

The employer must organize an annual review, focusing specifically on the employee’s working conditions and workload.

 
 
What are the rights of the teleworker?

General rights

The teleworker is an employee of the company.

They therefore enjoy the same individual and collective rights as all other employees:

• Access to training
• Respect for privacy
• Health and safety at work
• Access to company social activities, union information, and social benefits (e.g., meal vouchers, vacation checks)

 
Right to training

Teleworkers have the same access to training and career advancement opportunities as non-teleworkers.
Additionally, regular teleworkers receive specific training focused on the technical equipment available to them and on the characteristics of this work arrangement.

Stopping telework

The employer and the employee may mutually agree to end teleworking and arrange for the employee to return to the company’s premises.

Specific return conditions may be provided by the collective agreement or the applicable policy in the company.

The teleworker has priority to occupy or return to a non-telework position matching their qualifications and professional skills.

The employer must inform them of any such available positions.

Workplace accidents

An accident occurring at the telework location during the performance of the teleworker’s professional activities 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 comply with the employer’s instructions and the terms set forth in the collective agreement, the policy, or the employment contract.

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

The employer may monitor their work.

 
 
Does the employer need to cover teleworking-related expenses?

Teleworking-related expenses

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

This includes expenses related to teleworking.

This reimbursement may be based on actual costs incurred and justified by the employee (with supporting invoices). It can also be provided through a flat-rate allowance.

Commuting costs

The employer covers 50% of the cost of subscription tickets for public transportation between the teleworker’s usual residence and their workplace.

This includes services such as:

• Metro
• Bus
• Tramway
• Train
• Bicycle rental

When teleworking is limited to 1 or 2 days per week, the employer’s coverage remains the same as for an employee working full-time in the office. The subscription amount is not adjusted.

 
 
Legal texts and references (in french language)

French Labour Code: Articles L1222-9 to L1222-11
National interprofessional agreement of 19 July 2005
National interprofessional agreement of 26 November 2020

 
 
Source:
Service-Public.fr

(The English text is based on the French version: Please remember to always consult the source)