Did you know ? A right to telework for employees was created in the law to strengthen social dialogue.

Teleworking makes it possible to meet social, economic and environmental objectives at the same time. It also allows employees to harmonize their professional and personal lives.

According to a study, 61% of French workers could work from home. In fact, only 17% would benefit from it (in ordinary times). Please note, during these exceptional Covid-19 times, teleworking remains compulsory for all professions that can be teleworked (Article L1222-11 of the labor code).

Establishment of teleworking by companies

The new law on the strengthening of social dialogue has brought many simplifications in the implementation of teleworking for companies.

For example, the modification of the employment contract is no longer compulsory to authorize an employee to telework.

There are 3 different ways to make telecommuting accessible in a company:

- With a simple agreement between the employer and the employee (oral, email, letter ...);
- With a collective agreement;
- With a charter established by the company, after consulting the social and economic committee (if there is one).

Please note, when an employee is refused the exercise of their teleworking profession, the company is required to justify their response.

The company is not legally obliged to bear certain costs that could be caused by teleworking at the homes of employees. However, it is not uncommon for the payment of part of the expenses to be indicated in the company charter or the collective agreement.

What are the teleworking rights for the employee?

A right to telework for employees was created in the law on the strengthening of social dialogue. This right is applicable on condition that the employee can fully exercise his profession remotely.

The employee wishing to benefit from his right to telework must let his employer know orally, in writing or by email. If the employer refuses to grant this right, he must then justify his decision.
Conversely, the employer cannot impose teleworking on employees who do not wish to benefit from it. Indeed, article L. 1222-9 of the labor code stipulates that the refusal to telework is not a reason for dismissal.

If there is a charter or collective agreement, teleworking is set up in accordance with the procedures provided for in these documents.

According to art. L. 1222-9 of the Labor Code, the rights and obligations of the teleworker are equivalent to those of other employees present on the company's premises. Also, the teleworking employee benefits from the same legal and contractual advantages as the employees who work on the premises of the company (for example, restaurant vouchers).

Teleworking during exceptional periods (Covid-19)

According to article L1222-11 of the labor code, teleworking during a covid period remains an obligation 5 days out of 5 for all employees who can fully exercise their functions remotely.

Since January 7, 2021, it is still possible to return to the premises of the company 1 day per week if you feel the need. This flexibility has been implemented in particular for employees suffering from isolation.
In this case, the employer must do everything possible to limit the number of people present at the same time on the premises of the company.

If this measure is insufficient to preserve the psychological health of the employee, the employer may exceptionally and in agreement with occupational medicine, authorize his return to the premises.
So, the company will have to ensure the proper implementation of sanitary measures in its buildings.