Telework in the private sector

Verified 04 March 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Additional cases ?

In the public sector

Telework is a professional activity carried out wholly or partly outside the premises of the company at the request of the employee or the employer. The teleworking employee benefits from special guarantees.

Telework refers to any form of work organization in which work which could also have been carried out on the employer's premises is carried out by an employee outside those premises.

Telework enables employees to work outside the company, using information and communication technologies (ICT).

Teleworking allows or requires the employee to work outside the employer's premises.

The employee can therefore work:

  • At home
  • In a telecentre, shared desktop
  • Any other place for employees who make many trips

There are 2 forms of teleworking:

  • Teleworking regular which makes it possible to have 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 after the employer has given its opinion ESC: titleContent if it exists.
  • Teleworking occasional (e.g. days or weeks per year)

FYI  

the employer may require telework in exceptional circumstances (e.g. COVID-19 outbreak).

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.

Collective Agreement or Charter

The collective agreement or charter drawn up by the employer must specify the following:

  • Conditions for teleworking (e.g. in the event of a pollution incident)
  • 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
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.

FYI  

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. Such measures may be taken to ensure business continuity and the protection of workers. The employer must inform the ESC: titleContent of its decision without delay and then consult it as soon as possible.

Consultation of the Social and Economic Committee (ESC)

In companies with more than 50 employees, the ESC must be consulted.

Refusal to telework

An employer who refuses to grant telework to an employee occupying a position in which telework is available (under the conditions laid down by collective agreement or by charter, if such conditions exist) must give reasons for its reply.

In the absence of a collective agreement or a charter, the employer is under no obligation to provide reasons for its refusal. One collective agreement may, however, provide for that obligation.

Work equipment

The collective agreement or charter may provide for an obligation on the employer to provide the tools and materials necessary for telework.

In the absence of a collective agreement or charter, the employee may use his personal 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.

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.

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)

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.

Refusal to telework

The refusal of the employee to agree to telework is not a reason for termination of the employment contract.

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.

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.

Employee
Employer