Homeworker

Verified 01 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)

An employer may have one or more homeworkers carry out certain work outside his company. It can be manual work (sewing for example) or intellectual work (translation for example). Which employee is considered a homeworker? What are the employer's obligations? What are the rights of the homeworker? We're doing an update on the regulations.

Definition of homeworker

The homeworker:

  • Does work for a COMPANY and not for his own clientele
  • Perform this work at home, or in premises owned or rented by him
  • Touch a fixed flat-rate remuneration for the work he was asked to do
  • Use of limited aid for the execution of such work

He or she may work with the help of his or her spouse, Civil partnerships: titleContent, the person with whom he is in a common-law relationship or his dependent children.

They may also be helped by only one other person called auxiliary.

Please note

if the homeworker is assisted by an auxiliary, the latter is the employee of the homeworker.

Distinction with other workers

Teleworking

The employee in teleworking is not a homeworker. Teleworking is a way of organizing work that is implemented in the company.

Self-employed

The worker self-employed is not a homeworker. He has his own clientele and works for him.

Employee of the individual employer

The employee of the individual employer is not a homeworker.

The homeworker is an employee of the company. The employer (contracting party) must follow the same procedures as for the hiring of any employee in the company.

He must also carry out other formalities concerning the homeworker.

Display obligations

The employer must display the following information on the company:

  • Time to perform homework
  • Clothing prices or wages applicable
  • Workshop and ancillary costs

Preparation of a bulletin or work book

When an employer uses a homeworker, he must draw up a bulletin or a booklet.

Some information is included in this newsletter or notebook at the time of handover of work to do at home.

Other particulars shall be entered on this bulletin or booklet at the delivery of works by the employee.

A copy of this bulletin or booklet shall be kept 5 years by the employer.

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Information to be included when handing over work to be done at home

At the time of delivery of the work, the employer must prepare at least two copies of a bulletin or notebook.

One copy is given to the worker and the other is kept by the company.

When the work is handed over and delivered, the booklet or bulletin must contain the following information:

  • Contact details of the employer (contractor)
  • Reference of the bodies to which the contracting party pays social security contributions
  • Registration number under which these contributions are paid
  • Registration number for  Company Formalities Window
  • Nature, quantity of work, date given, execution time, applicable wages
  • Nature and value of supplies, workshop costs and accessories imposed on the worker
  • Date of delivery of the work

The information relating to each work shall be entered under a serial number. This must appear on all copies of the bulletin or notebook.

Information to be included when the work is delivered

When the work is delivered, the following information must be entered in the bulletin or notebook:

  • Delivery Date
  • Amount of basic salary, any increases (overtime), holiday allowance, holiday pay or family event leave, gross and net remuneration

Keeping of special accounts

The employer must keep separate accounts for the raw materials and supplies intended for the homeworker.

The records of the accounts shall be kept at the disposal of the labor inspectorate.

Volume of work given by the employer

The employer is not obliged to provide a constant volume of work to the homeworker. A collective agreement or the contract of employment may provide for it.

However, the employer cannot make lasting changes without justifying the amount of work entrusted and the remuneration of the homeworker. For example, the employer cannot suspend work for several months.

The homeworker is linked to his employer (contracting party) by a employment contract.

It shall benefit from the provisions of the Conventions and collective agreements applicable to the company, except where such legislation excludes homeworkers.

Remuneration

The remuneration of the homeworker shall be fixed. It is equal to the product of the hourly wage by the execution times.

Salaries and execution times are fixed by the collective agreement or by prefectural or ministerial decree.

The hourly wage may not be less than Smic: titleContent, or €9.40 clean.

Workshop and ancillary costs

The homeworker's salary is supplemented by workshop costs (rent, heating, lighting of the work room in particular) and ancillary costs.

These costs may be provided for in the applicable collective agreement or by prefectural decree.

In the absence of a collective agreement and a prefectural decree, the workshop costs and ancillary costs shall be fixed by mutual agreement between the parties.

Pay increase for overtime

If the homeworker has to work more than 8 hours per week working day in order to meet the delivery deadlines requested, his salary (excluding workshop and ancillary costs) is increased by:

  • 25% for the 9e and 10e hours
  • 50% from 11e hour

The applicable collective agreement or agreement may provide for higher rates of increase.

Increase in pay for work on Sundays and public holidays

The homeworker's remuneration is increased when he is obliged to work on a Sunday or public holiday to meet the delivery deadlines set by his employer.

The amount of the increase shall be fixed by the applicable collective agreement or agreement.

Pay increase for paid leave

A homeworker shall receive an allowance equal to 10% of his gross salary.

In the event of a dispute with his employer who is the contracting party, the homeworker may refer the matter to the prud’homme council.

The homeworker has 5 years (from the payment of salary) to bring the claim before the labor board to bear on the rates of work performed, workshop and ancillary costs, allowances of paid leave.

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