Remote working: rights and obligations of employers and employees
Faced with changing working patterns, remote working has gradually become the preferred solution for many companies. However, its implementation raises crucial legal and organizational issues for employers and employees alike.
Faced with changing working patterns, remote working has gradually become the preferred solution for many companies. However, its implementation raises crucial legal and organizational issues for employers and employees alike.
Remote working may be introduced by collective agreement or unilateral agreement after consultation with the CSE, in accordance with article L. 1222-9 of the French Labor Code.
This framework must include :
- Procedures for switching to and returning from face-to-face work;
- Conditions for employee acceptance;
- Rules for monitoring working hours;
- Time slots for availability;
- Specific access for disabled workers and pregnant employees.
In the absence of a charter or collective agreement, an individual written agreement may suffice. However, this method is not recommended for widespread use, as it entails the risk of disparities and complicates changes in teleworking conditions.
The employer can refuse an employee's request to work at home
Remote working is based on an agreement between the employer and the employee.
The company therefore has the option of refusing a request to telework, provided it justifies the refusal in writing, specifying the reasons, such as :
- unsuitability of the employee to work remotely;
- organizational constraints within the team;
- work overload;
- the need for a physical presence;
- security or confidentiality requirements;
- or any other legitimate reason.
To avoid ambiguity, it is advisable to clearly define the eligibility criteria and acceptance conditions for Remote working in a dedicated charter or agreement. Under no circumstances may the employer's decision be based on discriminatory or abusive grounds.
The employer may impose remote working in cases of force majeure
Employers may impose remote working in cases of force majeure or exceptional circumstances, such as epidemics, natural disasters, insurrection, strikes or pollution peaks. This exceptional measure is designed exclusively to protect the health and safety of employees, as was the case during the Covid-19 crisis.
Remote working location
The charter or agreement must specify the authorized locations: home, coworking spaces or other suitable locations. While spaces such as cafés or second homes are possible, they pose challenges in terms of confidentiality and security.
Remote working abroad is generally out of the question, due to time zone differences, local social security affiliation and tax implications.
Employer obligations
Employers must :
- Ensure equal treatment of teleworkers and permanent employees (meal vouchers, training, social benefits, etc.);
- Respect the right to disconnect and privacy;
- Guarantee the health and safety;
- Provide the necessary equipment and organize an annual interview to assess workload.
Employee rights and obligations
Teleworkers enjoy the same rights as their colleagues working in the office:
- Training, health and safety, and access to social benefits;
- Application of company collective agreements and conventions.
They must, however, respect their working hours, be contactable during defined periods, and use the equipment provided solely for professional purposes.
Work-related accidents
An accident occurring while remote working is presumed to be an accident at work, provided it occurs during working hours and in the course of a professional activity. The employer can contest this qualification by proving that there is no link with the activity.
Remote working is an effective tool for companies and employees alike. However, its implementation requires careful thought to ensure fairness, compliance and efficiency.