Remote working agreement or charter: what are the differences?

Remote work has grown widely in recent years, pushing companies to better manage this practice. They have two options: the charter or the telework agreement. But what are the differences between these two documents? Which one to choose according to the size and culture of your business? Decryption.

What is a telework charter?

It is an internal administrative document that defines the conditions for remote work within a company. It serves as a reference framework for organizing remote work for employees in a flexible manner that is adapted to corporate culture.

Its declarative nature makes it a flexible tool, allowing the employer to set the main lines of remote work without imposing strict rules. The charter can thus be adjusted over time according to feedback and the evolution of the company's needs.

Mandatory information: conditions, hours, confidentiality...

Although less formal than an agreement, it must nevertheless include some mandatory information to oversee the practice of remote working. In particular, it specifies the eligibility conditions, the terms of passage and return to the site, as well as the criteria for accepting applications.

The charter also defines the time slots during which workers must be reachable, the communication tools to be used and the confidentiality rules to be respected. It can also address topics such as the layout of the home workplace, access to telework for employees in a situation (disability, pregnancy, family caregivers, etc.) or the training of managers in remote management.

What is a telework agreement?

Contrary to the charter, the telework agreement is a legal document that has contract value. It legally binds the employer and employees to the conditions for implementing remote work within the company.

It is more restrictive because it precisely sets out the rights and duties of each of the parties. Its non-compliance may lead to sanctions, which is not the case with the charter, which remains an internal declarative document. It therefore requires rigorous drafting and negotiation with the social partners.

Mandatory content: modalities, rights and duties, obligations...

It must address a number of key points in order to be valid. It details the specific provisions the implementation of remote work (eligibility criteria, application process, reversibility...), but also material aspects such as the computer equipment provided and the costs borne by the company.

It also lists the rights and duties of employees (respect of schedules, right to disconnect, data protection, etc.) as well as the obligations of the employer (regular monitoring, evaluation, risk prevention, etc.). It also sets out the conditions for modifying the agreement and the terms of its periodic review in order to adapt it if necessary.

What is the difference between the two?

The difference between the charter and the agreement is in their legal nature. The charter is a simple internal administrative document that has no contractual value. It establishes a general framework for remote work, but can be modified at the initiative of the employer.

This flexibility is an asset for businesses that want to test remote work or adjust it gradually. The charter can thus serve as a first step before possibly switching to an agreement if the need for a more formal framework arises.

Agreement: binding and binding legal contract

The telework agreement, for its part, has a legal scope which applies to the employer as well as to the employees. It is a contract that precisely defines the conditions for exercising remote work and engages them over time.

This restrictive aspect is to secure this practice, especially in large companies. But it also involves a certain amount of complexity, whether for its implementation, which involves extensive negotiation, or for its revision, which is the subject of amendments.

Which to choose between the two? What are the rules?

The choice must be made based on size, corporate culture and regulatory needs, while respecting the implementation rules specific to each document.

For large companies, an agreement is often preferable, as it offers a solid and sustainable legal framework. Its implementation involves negotiations with the social partners and the CSE, before being established and then revised regularly. It is a longer and complex process, but one that secures the company and the employees.

SMEs, on the other hand, often have an interest in starting with a charter, which is easier to implement and develop. It requires mandatory consultation with employee representatives, and then can be established by a unilateral decision of the employer. An experimentation phase is recommended, before an annual review to adapt it to the realities of the field.

The choice between agreement and charter

The main questions to ask yourself when choosing between an agreement or a charter are:

1. What is the size of my business?
2. What is my corporate culture in terms of flexibility?
3. What level of telework regulation is required?
4. Am I ready to make a long-term commitment?

The answers to these questions will guide you towards the agreement for a strict framework in a large structure, or towards the charter for more flexibility in an SME.

How to set up a telework charter or agreement?

Establishing a charter or an agreement requires following a specific procedure and not neglecting certain key steps.

For an agreement, the first step is negotiation with employee representatives and the CSE. The document must then be drawn up by making sure to include all the mandatory elements (modalities, rights and duties, follow-up, etc.), then have it signed by all the stakeholders. Finally, it is important to include the revision clauses of the agreement.

The implementation of a teleworking charter begins with the mandatory consultation staff representative bodies. The employer can then draft the document based on standard templates and then submit it to an experimentation phase. It is advisable to plan an annual review of the charter to adapt it if necessary. Throughout the process, a tool like m-work can facilitate the monitoring of remote work thanks to its schedule management and communication functionalities.

m-work makes it possible to effectively support the implementation of the agreement or charter thanks to its functionalities for managing schedules and monitoring remote work.

What should the documents state?

The agreement and the charter must include mandatory information concerning the circumstances, rights and duties of each person.

A telework agreement must specify the conditions for setting up remote work, the conditions of communication and equipment, the rights and obligations of employees and the employer, as well as the conditions for monitoring, evaluating and modifying the agreement. It is a comprehensive document that should cover all aspects of remote working.

A charter, although more flexible, must also include certain essential information: the conditions of eligibility and reversibility, the methods of acceptance and implementation, the control of working time, the time slots, the confidentiality rules, as well as the conditions of access, as well as the conditions of access for employees in special situations (disability, pregnancy, family caregivers, etc.). Sample templates can help with the drafting of these documents.

The essential mentions of the agreement

It should comprehensively address:

1. The conditions for switching to teleworking and returning to site
2. The conditions for controlling working time
3. Determining the time slots during which the employee must be reachable
4. The terms of coverage of the costs associated with teleworking
5. Access conditions for disabled workers
6. The organization of telecommuting training
7. The conditions of access to the home for representative bodies
8. The clauses and periodicity of revision of the agreement

The elements to be defined in the charter

It must specify at least:

• Eligible activities and employee eligibility criteria
• The reversibility of teleworking and the notice period
• The work tools used and care rules
• The number of days worked remotely allowed per week
• Availability time slots and the right to disconnect
• The conditions for authorizing and refusing teleworking
• The conditions for monitoring the activity and evaluation
• Measures for employees in special situations
• Confidentiality and data protection rules
• The modalities of support and training for remote work

Ready-to-use telework agreement and charter templates allow businesses to save time in setting up remote work, while ensuring that no important elements are forgotten.

The charter offers more flexibility to SMEs wishing to implement remote working gradually, while the agreement provides a secure legal framework for large companies wanting to make remote working sustainable. The choice between these two documents will therefore depend on the context and needs of each company.

m-work, with its ergonomic interface, its functionalities for adapting to the needs of each structure and its advanced statistics, can be a valuable tool to support HR managers in setting up and monitoring teleworking, whether via a charter or an agreement. Do not hesitate to contact our teams to study the most suitable solution for your situation.