Telework in the private sector

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 switching to telework (in particular in the event of an episode of pollution, for example)
• Formalities for acceptance by the employee of the conditions for implementing telework and for returning to a performance of the employment contract without telework
• Formalities for monitoring working time or regulating the workload
• Determination of the time slots during which the employer can usually contact the employee while teleworking
• Formalities for access to telework for disabled workers
• Formalities for access to telework for pregnant employees
• Formalities for 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.

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 location 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 telework frequencies: regular telework and occasional telework.

The frequency of telework is specified in the collective agreement or in the charter drawn up by the employer.

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.

YesIn some cases, the employer may refuse telework.

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 collective agreement or charter, the employer may explain its refusal, but is not obliged to do so.

Yes, the employee may refuse the move to telework.

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

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 data used and treated by its employees, including teleworkers.

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 lead 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.

This interview is separate from the evaluation interview and professional maintenance.

General rights

The teleworker is a company employee.

It therefore enjoys the same individual and collective rights as all employees:

• Rights to training
• Respect for privacy
• Occupational health and safety
• Access to company social activities, trade union information, social benefits (restaurant titles, holiday checks for example).

Right to training

A teleworking employee has the same right to training and career development opportunities as if he or she were not teleworking.

Employees who are teleworking regularly receive appropriate training. It focuses on the technical equipment at its 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 completion of the contract without telework may be laid down in the collective agreement or charter applicable in the company.

Such special conditions may, where appropriate, provide for formalities to terminate telework without the agreement of the other Party.

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.