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What are the points to respect for teleworking in complete serenity?
Florence Marionnet: “I would say that there are two major points to respect for safe teleworking. First of all, how is teleworking legally implemented in the company? Before, it was necessary to contract telework. Today, it is no longer mandatory, which greatly relieves companies that no longer have the obligation to sign an employment contract with each employee with a specific clause aimed at teleworking, or an amendment for teleworking.
We can simply settle the subject by setting up a telework charter, except in exceptional circumstances (such as those of Covid-19 where we can set up teleworking without formalization).
Note: If teleworking remains very punctual in the company, there is no obligation to set up such a charter. The law just specifies a formalization by any means, which can take the form of a simple agreement by email exchange.
The physical safety of workers must be ensured. Teleworking can be a factor in psychosocial risks. Its implementation must therefore be preceded and accompanied by work aimed at preventing such risks from occurring for the health and safety of teleworkers.
On the other hand, when teleworking is not occasional but established on a permanent basis in the company, it is strongly recommended to implement such a teleworking charter. This makes it possible to be as transparent as possible with the teams and to guarantee a better organization of work.
If there is a CSE (Social and Economic Committee), it must be consulted before applying the charter.
Second, the physical safety of workers must be ensured. Teleworking can be a psychosocial risk factor. Its implementation must therefore be preceded and accompanied by work aimed at preventing such risks from occurring for the health and safety of teleworkers. For example, this may be one of the roles of the telework charter.”
What is the telework charter?
“It is a unilateral document that the company establishes to set out all the modalities for exercising teleworking. Its content is quite free, although there are mandatory clauses.
For example, the company will be able to fix:
- Who of its employees can telework: is it all employees or only certain categories of them?
- When can employees work from home: is it a specific number of days per week, or completely free and unlimited?
- Where employees will be able to telework: is it at home or in a coworking space? ”
How can we protect ourselves from the psychosocial risks that have been accentuated by teleworking?
Controlling the duration of the employee's work: this may be the role of the telework charter, which must in particular define time slots during which the employer can usually contact the employee.
“The practice of teleworking has in fact been able to generate new psychosocial risks, such as: the over-solicitation of employees, the blurring of the border between professional and private life, the weakening of social ties, the feeling of isolation.
How to protect yourself from it? Several instruments can be mobilized: training managers in teleworking, adopting an organization that makes it possible to maintain social ties while teleworking... But also controlling the duration of the employee's work: this may be the role of the telework charter, which must in particular define time slots during which the employer can usually contact the employee.
In this respect, the possibility for employees to work in coworking spaces or third places can allow:
- To employees of Feeling less alone, to stimulate exchanges, and therefore to reduce psychosocial risks.
- To impose access times to the coworking space, and thus to fight against the phenomenon of teleworkers who do not count their hours.
The proposal of M-Work therefore eliminates psychosocial risks for employees who occupy homes with little space. The provision of nearby third places allows the most exposed to be able to regain social ties and to dissociate professional and personal life.”
On the financial side, what are the costs that the employer must cover in the context of teleworking?
“In general, the employer is obliged to reimburse all expenses related to the execution of the employment contract.
In the particular context of teleworking, these expenses may concern:
- The layout of the work space at home (purchase of adapted office furniture)
- The additional cost associated with teleworking (heating, internet, electricity costs)
- The cost of a business trip to the company's premises as well as that of meals and accommodation on site if applicable.
- If the employee teleworks from home, the company is also liable for an allowance called occupancy compensation. This allowance must take into account the area of the office in relation to the total area of the dwelling.
For the reimbursement of these expenses, the simplest option is a lump-sum allowance, because this avoids having to ask for supporting documents from each employee and distinguishing the amount to be reimbursed according to each. This solution is all the more simple as the lump-sum benefit is exempt from social security contributions up to a limit of 10 euros/working day/month.
In this respect, the use of coworking spaces allows the employer not to bear a large part of these costs, which are traditionally caused by teleworking from home.”
What do you think of remote working in an international mode, a good idea or a headache for the company?
“It is rather a headache, especially with regard to the law applicable to the employment contract, but also to social security and the tax system to which the teleworker falls under. Prudence is required.
- Indeed, in principle, the law applicable to the employment contract is that of the country from which the employee works. Therefore, knowledge of local law is essential when your teleworker settles abroad. It is therefore necessary to seek advice on site.
- In addition, the country where the teleworker is installed will be able to call for the payment of both social security contributions and income tax. Recourse to an accountant on site will be necessary.”
What are your latest recommendations?
“My latest recommendations concern insurance issues in the event of damage caused by/to the company's equipment made available to the employee in the context of teleworking and the protection of personal data.
First, the coverage of these damages by insurance companies is not regulated.
It is therefore up to the telework charter to provide for these hypotheses, for example:
- The damage caused to computer equipment can be covered by the employer's insurance,
- The damage caused to the teleworker and to his home can be covered by the employee's insurance.
In practice, the employer can ask teleworkers for a certificate of coverage obtained from their home insurance according to which the employee and the home space dedicated to professional activity as well as the equipment and equipment made available to the employer are covered for the teleworking activity.
NB : Insurance companies rarely explain the conditions of coverage in these cases related to teleworking. It is therefore essential to read the insurance contracts and the extent of their coverage in these cases.
In any event, the telework charter should provide that the employee will have the obligation to inform his insurance company that he is teleworking. In this respect, these insurance questions do not arise when the employee works in a coworking space, insofar as the latter is responsible for insurance obligations.
For the protection of personal data, the employer must take measures to ensure that the data used and processed by the teleworker is used and processed for professional purposes.
Most often, these rules are the subject of an IT charter, if not at least a reminder to use a secure connection, the company's computer tools, and recall the legal provisions and rules specific to the company relating to the protection of data and their confidentiality.
I hope that this interview will help companies to see things more clearly, we remain at their disposal.”
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