Telework in the private sector
Verified 03 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Additional cases ?
Telework is a form of work organization in which work which could have been performed on the employer's premises is performed by an employee outside those premises. The employee must be voluntary. It uses information and communication technologies.
How is telework implemented? Where can telework take place? We are taking stock of the regulations.
Telework can be implemented as part of a collective agreement or a charter drawn up by the employer.
In the absence of a collective agreement or charter, the employer and the employee may agree to use telework.
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Collective Agreement or Charter
The collective agreement or charter drawn up by the employer must specify the following:
- Conditions for switching to telework (in particular in the event of an episode of pollution, for example)
- Method of acceptance by the employee of the conditions of implementation of telework and return to a performance of the employment contract without telework
- Mode of working time control or workload regulation
- Determination of the time slots during which the employer can usually contact the employee while teleworking
- Method of access to telework for disabled workers
- How pregnant employees can access telework
- Method of access by employees assisting a child, parent or relative to an organization working from home
Agreement between employer and employee
The employer and the employee may at any time agree to the use of telework.
They formalize their agreement by any means. This agreement may take various forms, such as a clause in the employment contract or a agreeable to the contract.
To avoid litigation, it is preferable that this agreement be in writing.
Please note
in exceptional circumstances (e.g. threat of epidemic), teleworking may be imposed without the agreement of employees. This provision shall also apply in the case of force majeure.
In companies with more than 50 employees, the ESC, where it exists, must be consulted before teleworking is introduced.
When teleworking, the employee can work in any place defined by the collective agreement, the charter or authorized by the employer, such as:
- At home
- In a telecentre, shared desktop
- Any other place for employees who make many trips
There are 2 forms of telecommuting. The frequency of telework is specified in the collective agreement or in the charter drawn up by the employer.
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Regular telework
Teleworking regular allows for a regular schedule (1 to 2 days per week, for example). This arrangement is specified in the collective agreement or in the charter drawn up by the employer.
Casual telework
Teleworking occasional for example, it involves working a few days or weeks per year from home.
The employer may refuse telework.
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Telework implemented by collective agreement or charter
An employer who refuses to grant telework to an employee in a position in which telework is available must explain the reasons for its response.
No collective agreement or charter
In the absence of a collective agreement or charter, the employer is not required to explain the reasons for its refusal.
Disabled employee or carer
Where the request for telework is made by a disabled worker or a caring employee of a child, parent or relative, the employer must explain the reasons for his refusal.
Please note
in exceptional circumstances (e.g. threat of epidemic), teleworking may be imposed without the agreement of employees. This provision shall also apply in the case of force majeure.
The employee may refuse the transition to telework.
The refusal of the employee to agree to telework is not a reason for termination of the employment contract.
Please note
in exceptional circumstances (e.g. threat of epidemic), teleworking may be imposed without the agreement of employees. This provision shall also apply in the case of force majeure.
Work equipment
Where telework is carried out at home, the employer must provide, settle and maintain the equipment necessary for telework.
This obligation must be fulfilled if the electrical installations and workplaces comply.
If, exceptionally, the teleworker uses his own equipment, the employer shall adapt and maintain it.
Data protection
The employer has an obligation to protect the data used and processed by its employees, including the teleworker.
This obligation applies whether the teleworker uses the employer's equipment or his own equipment.
Information on the use of equipment
The employer shall inform the employee of any restrictions on the use of computer equipment or tools or electronic communication services.
The information must inform the user of the penalties in case of non-compliance with these restrictions.
Priority to access to a workstation without telework
The employer must give priority to the employee to occupy or resume a position without telework that corresponds to his professional qualifications and skills. He must also inform him of any position of this nature.
Control and regulation of the employee's workload
The workload, production standards and performance criteria required of the teleworker must be equivalent to those of comparable employees working on the premises.
The teleworker is given the same reference points as those used in the company.
Workload and turnaround times are assessed using the same methods as those used for work on the company premises. They must, in particular, enable teleworkers to comply with the rules on working hours and, in particular, maximum working hours and rest periods.
Annual maintenance
The employer must organize an interview every year, which covers in particular the employee's working conditions and workload.
General rights
The teleworker is a company employee.
It therefore enjoys the same individual and collective rights as all employees:
- Access to training
- Respect for privacy
- Occupational health and safety
- Access to company social activities, union information, social benefits (restaurant vouchers, holiday vouchers for example)
Right to training
Telework employees have the same access to training and career development opportunities as if they were not teleworking.
Employees who are teleworking on a regular basis also receive appropriate training. It focuses on the technical equipment at their disposal and on the characteristics of this form of work organization.
Stopping Telework
The employer and the employee may, by mutual agreement, agree to terminate telework and to arrange for the employee to return to the premises of the company.
Specific conditions for the return to performance of the contract without telework may be laid down in the collective agreement or charter applicable in the company.
The teleworker is given priority to occupy or resume a position without telework that corresponds to his professional qualifications and skills.
His employer must inform him of the availability of any position of this nature.
Accident at work
The accident at the place where telework is carried out during the exercise of the teleworker's professional activity shall be presumed to be a industrial accident.
The teleworking employee has the same obligations as any other employee.
He must respect the employer's instructions, the clauses provided for in the collective agreement, the charter or the contract of employment.
For example, they must respect working hours or the conditions of use of equipment provided by the employer.
The employer can control his work.
Teleworking costs
The employer must cover the costs incurred by an employee in the performance of his employment contract.
In this capacity, he is therefore responsible for the costs incurred in carrying out telework.
This can be done on the basis of the expenditure actually incurred by the employee and justified (invoices). It may also be effected by the payment of a lump sum allowance.
Home-to-work transport costs
The employer takes charge 50% the price of the employee's telework subscription vouchers for travel between his habitual residence and his place of work.
These are public transport services such as:
- Metro
- Bus
- Tram
- Train
- Bike rental
When telework is carried out only on 1 or 2 days per week, the employer's responsibility is identical to that of an employee who is permanently in the company. The subscription amount is not changed.
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Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
He does not respond questions relating to unemployment compensation and representations to France Labor (formerly Pôle emploi), the officials or contractual of the fpublic service, the amount or payment of contributions social, wage or management.
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