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September 1 marked the end of mandatory teleworking in companies. They can now decide on their telework policy. In the first article in this series, we discussed the legal obligations of companies in terms of teleworking. Now, we will focus on the material obligations of businesses. Computer, mouse, keyboard, work chair but also electricity, water and transport costs: who is responsible for these expenses?
Coverage of expenses related to teleworking
€100 is the average monthly cost of teleworking for one person, according to a study by ConvictionsRH. Are these costs borne solely by the employee? In practice, the question is quite complex.
The law invites employers to provide employees with “the tools necessary to carry out their work”. Although this name is deliberately very broad, several texts contradict each other.
While since ordinance No. 2017-1387 of September 22, 2017, the Labor Code no longer provides for the obligation for the employer to cover the costs arising directly from the exercise of teleworking, the National Interprofessional Agreement (ANI) of November 2020 stipulates that the company must “take care of the expenses that are incurred by the employee for the needs of his professional activity, after validation by the employer”. However, this agreement does not specify the type of expenses that can be reimbursed by the employer.
It is therefore up to the social dialogue within the company to elucidate the issue. However, it should be noted that if the company has an agreement or a charter providing for the coverage of its costs, this is then mandatory.
Regarding the computer, equipment without which teleworking is not possible, the Ministry of Labor states in a note that “If the employer requires you to telework, he must provide you with a computer if you do not have one, or if you do not want to use your personal computer”.
Thus, while some companies may decide to take care of the purchase of furniture or various expenses (electricity, water, heating) in the form of a lump-sum premium, other companies will only provide the computer.
Meal, transport and occupancy expenses while teleworking?
“The teleworker has the same rights as the employee who performs his work on the premises of the company” according to article L1222-9 of the Labor Code.
Consequently, every employer has the obligation to cover 50% of the total cost of its employees' transport tickets, even when the employee is placed in remote work. Likewise, if the employee benefits from a restaurant ticket, the employer must continue to pay them regardless of where they work.
The occupancy allowance is intended to compensate for the use of the private home for professional purposes. This is due when no professional premises are made available to the employee. If the employer provides the employee with premises and the employee prefers to work elsewhere, the compensation is not due.
In other words, companies remain fairly free to subsidize or not the telework of their employees, and to choose under what conditions they do so.
The m-work solution for hybrid work
Faced with these numerous challenges, m-work provides a turnkey solution for hybrid business work : plan hybrid work, measure its impact on employees (mental health, experience) and the environment. The solution also makes it possible to reserve workspaces (third locations) close to where employees live, which presents an alternative to taking care of their material costs, and guarantees optimal working conditions even remotely.
