Published on February 09, 2017 – Updated on May 09, 2018
What are the statutes and legal framework for teleworking? /iStock.com – The Black Cat
Thanks to the development of information and communication technologies, a company’s employees can work off the premises, from their home, in nomadic mode or in a telecentre. This solution is possible for all workstations, insofar as the activity is compatible with remote work. The teleworker then has the status of employee and benefits from modified provisions, defined in his contract.
A law that sets a framework
Since law no. 2012-387 of March 22, 2012, telework benefits from a framework that is easier to put in place for companies wishing to get started. It thus allows volunteer employees to carry out their mission outside the premises, thanks to the use of modern communication and information technologies. Following the Macron ordinances in force since September 24, 2017, the law indicates that:
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Teleworking is done on a voluntary basis.
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Telework can now be regular or occasional. It is no longer required that telework be included in the employment contract.
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Regular telework can be set up by a collective agreement or by a charter drawn up by the employer after consulting the new social and economic committee (CSE).
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With regard to occasional telework, it is appropriate for the employee and the employer to formalize their agreement by any means.
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Teleworkers are employees and have the same rights and obligations as the company’s other employees (general social protection scheme, retirement, access to training, overtime, penalties, etc.). The Macron ordinances insist on equal treatment between employees, whether they are teleworkers or employees working on the company’s premises, in particular with regard to access to union information, access to training and participation. in professional elections. Regarding the guarantees of teleworkers, it is mentioned that any accident occurring at the place where teleworking is carried out during the exercise of the professional activity is presumed to be a work accident and is therefore covered under the same conditions as if the employee was on company premises.
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The equipment necessary for the teleworker’s activity is not fully provided by the company (computer, printer, Internet, professional telephone, etc.). The collective agreement is free to organize or not to cover the costs. A total lack of support is not conceivable for all that.
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The specific provisions of the teleworker must be stipulated in an addendum to the employment contract.
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Although flexible working hours are possible, the employee’s working time can be controlled by his employer.
An employee status
The telework employee is a remote worker who should not be confused with a home worker, who has different statuses. Indeed, the teleworker, defined by the law of 2012, is an employee, who has voluntarily agreed to carry out his mission outside the premises of his company. An employer cannot therefore force an employee to work from home, nor dismiss him if he refuses to do so, even when his contract includes a mobility clause. Since 2017, it is now up to the employer to justify his response in the event of refusal of a telework agreement for an employee.
However, article L. 1222-11 of the Labor Code provides that in the event of exceptional circumstances (epidemic, transport strike, etc.), the implementation of telework may be made necessary to allow the continuity of company activity and guarantee the protection of employees.
Article updated in May 2018.
