End of mandatory telework

September 1 marked the end of mandatory teleworking in companies. They can now decide on their telework policy. So what are the legal obligations of employers at this level?

How to implement remote working in your company?

Teleworking is defined by the Labor Code as “any form of work organization in which work that could also have been performed on the employer's premises is carried out by an employee outside these premises on a voluntary basis using information and communication technologies” (article L1222-9).

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Since the entry into force of the law on the strengthening of social dialogue, it is no longer necessary to modify the employment contract to allow an employee to telework.

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In order to set up teleworking, there are 3 possibilities:

· a simple informal but documented agreement between the employer and the employee, by any means (oral agreement, email, letter, etc.),

· a collective agreement,

· a charter drawn up by the employer, after consulting the Social and Economic Committee (CSE).

In the case of a collective agreement or a charter, these specify the following points:

· the positions concerned by teleworking,

· the modalities for switching to teleworking and the conditions for returning to the execution of the employment contract without teleworking,

· the methods of acceptance by the employee of the conditions for implementing teleworking,

· procedures for controlling working time or regulating workload,

· the determination of the time slots during which the employer can usually contact the teleworking employee,

· the modalities of access for disabled workers to a teleworking organization.

Finally, it must be known to employees.

It should be noted that the employer, in the same way as the employee, can renew, modify, or end the practice of teleworking as defined at the time of the agreement. These changes must be in writing.

Who can benefit from teleworking?

Since the Labor Code does not set any criteria or conditions, teleworking applies, in theory, to all professional categories.

However, teleworking is not a right for the employee. Thus, in the same company, it is possible that the profile of a position prevents the practice of teleworking while other positions allow it. The employer can thus refuse the practice of teleworking to an employee, but he has the obligation to justify his refusal. Conversely, the refusal to practice teleworking is not a reason for terminating an employment contract.

Teleworking and compliance with certain regulations

Teleworking involves compliance with various regulations: equal treatment of employees, right to disconnect, RGPD...

With regard to the equal treatment of employees, the employer is required to respect the same obligations towards on-site workers and remote workers, in particular with regard to legal and contractual rights: restaurant tickets, the right to training, etc.

With regard to the right to disconnect, as mentioned in the first point, the collective agreement or the charter must mention “the time slots during which the employer can usually contact the teleworking employee”. The employer will not be able to contact its employees outside of these time slots.

With regard to the RGDP prerogatives, it is up to the employer to verify that all professional data exchanged with its employees working remotely are protected. In addition, in the event of the establishment of an employee control system, the employer is required to work transparently and to inform the employees concerned. The employer is also required to inform its employees of the restrictions in the use of the computer equipment and tools made available to them, as well as any sanctions to which they are exposed.

Benefits of working from home

Teleworking has a number of advantages both for businesses but also for their employees. In particular, it makes it possible to increase the productivity of employees by improving their quality of life, to allow them to save time, in particular that spent in transport, to reduce absenteeism but also to allow greater autonomy for employees in the management of tasks. If you are interested in the subject, our previous article “3 key advantages of teleworking that contribute to the development of the employee” takes a detailed look at some of the benefits of working from home.

m-work and remote work

With the m-work solution, simplify the organization of remote work and hybrid work for managers and HR, and make it easier for employees to meet, whether in the office or elsewhere to better collaborate. The m-work solution combines economic, social and environmental monitoring data in order to constantly improve remote working for all stakeholders, and to make it a lever for engagement.

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