Remote working has become a central topic since the start of the health crisis linked to the coronavirus.
This new way of organising work presents benefits for employees, but also challenges for companies. It is essential to plan ahead for its introduction, its impact on workforces and quality of life at work.
Teleworking mainly concerns executives. It is less common among young people or employees of small businesses, and on the other hand, it is very widespread among employees in areas of high population density.
In sum, teleworking continues to grow, driven by the economic, social and health contexts.
1/ Setting up teleworking for your employees
There are several options for setting up telework:
- Agreement between employer and employee: you can agree to telework by any means (verbally, by e-mail, by post).
- Collective agreement: set up a collective agreement within the company.
- Charter drawn up by the employer: after consulting the social and economic committee (if there is one), the employer can draw up a charter outlining the terms and conditions of teleworking.
2 / Identifying employees entitled to telework
The French Labour Law does not exclude any employee from teleworking: in theory, teleworking is open to all employees. However, for obvious reasons linked to certain activities (handling machines, teamwork, work in a production unit requiring safety measures, etc.) or linked to the employee’s profile (not enough seniority, need for supervision, accommodation not compatible, etc.), access to teleworking is not open to all employees.
In principle, it is the collective agreement or charter, if it exists, that sets out the criteria to be met in order to be able to telework.
3/ Workload regulation
Managing the workload of teleworking teams is a key factor in preserving everyone’s health and facilitating business activity.
Here are some of the guidelines to apply:
- Compliance with working time regulations: teleworking is subject to working time legislation (maximum daily and weekly working hours, rest periods, etc.).
- Number of teleworking days: teleworking may be full-time, or only on certain days of the week. In the latter case, the number of days teleworked can be fixed in advance. It may be organised over a period to be defined (week, month). The collective agreement or charter setting up telework may set a maximum number of days teleworked per week or per month. In all cases, the employee must comply with the timetable set by the employer. Furthermore, the employer may not change the number of days teleworked without the employee’s agreement. Such a change constitutes a change to the employment contract, which requires the employee’s agreement (Cass. soc., 13 Apr. 2005, no. 02-47.621, no. 881 FS – P + B).
- Determination of the working hours: the working hours during which the employer may normally contact the teleworking employee must be determined by the collective agreement or charter establishing teleworking.
- Control of working time and workload: the procedures for controlling working time or regulating the workload must be specified in the collective agreement or charter introducing telework.
- Annual interview: the employer is required to organise an annual interview with the teleworking employee, focusing in particular on working conditions and workload.
It is above all the right to disconnect that now seems to be the central issue. It is recommended that agreements should mention the procedures for raising awareness of this right, as well as introducing measures to manage incoming and outgoing flows of information by e-mail/telephone, etc.
4/ The rights of teleworking employees
The teleworker is an employee of the company.
They therefore have the same individual and collective rights as all employees:
- Access to professional training
- Respect for private life
- Health and safety at work
Access to the company’s social activities, trade union information and social benefits ( lunch vouchers, holiday vouchers, for example).
5/ Obligations of the employer of a teleworking employee
In addition to its usual obligations, the employer is bound by a number of obligations that are specific to the teleworking situation of its employees (article L. 1222-10 of the French Labour Code).
They must :
- schedule an annual meeting with the employee to discuss issues relating to the organisation of teleworking assignments;
- inform their employees “of any restrictions on the use of computer equipment or tools or electronic communication services” and specify the penalties incurred in this respect;
- offer as a priority to any teleworking employee a job opening on the company’s premises that matches his or her qualifications and skills.
- set time slots with your employees during which they can be contacted.
6/ Safety and good practice
While teleworking has certain advantages, it can also entail health and safety risks for employees. Preventing these risks means taking action on the layout of workstations and the organisation of work.
These can be linked to:
- poorly designed computer workstations, which can lead to musculoskeletal disorders;
- prolonged sedentary postures, which can lead to a variety of health problems;
- intensive use of computer screens, which can lead to eyestrain;
- unsuitable work organisation that can lead to psychosocial risks.
As teleworking intensifies, cybercriminals will seek to exploit the potential disorganisation and confusion of companies and organisations, as well as the resulting dematerialisation of processes, to step up their attacks.
The information and prevention medical check-up is compulsory for all company employees, including teleworkers. With the modernisation of occupational medicine, some organisations have introduced a new teleconsultation monitoring system.
Thanks to this system, employees no longer need to travel and can carry out their occupational medicine visits by teleconsultation on their mobile or PC.
7/ Teleworking areas
When teleworking, employees may work at any location defined by the collective agreement, the charter or authorised by the employer, for example:
- At home;
- In a telecentre Office space offering computer facilities to teleworkers from different companies, or a shared office;
- Any other location for employees who travel a lot.
In the event of relocation, the teleworking employee must inform the employer so that the principle and conditions of teleworking can be re-examined.
8/ Coverage of teleworking expenses
Employers must cover the costs incurred by employees in the fulfilment of their employment contract.
As such, they must cover the costs involved in teleworking.
These costs may be covered on the basis of expenses actually incurred by the employee and supported by invoices. It may also take the form of an allowance.
In 2024, the allowance is exempt from social security contributions up to a limit of EUR 10.70 per day of teleworking per week (i.e. EUR 10.40/month if the employee teleworks 1 day per week, EUR 21.40/month if he/she teleworks 2 days per week, etc.).
Where an allowance is paid for each day of teleworking, it is exempt from contributions up to a maximum of EUR 2.70 per day of teleworking, up to a maximum of EUR 59.40 per month.
The employer pays 50% of the cost of the teleworking employee’s public transport pass for travel between his usual place of residence and his place of work.
These include public transport services such as :
- Metro
- Bus
- Tram
- Train
- Bike hire
When teleworking only 1 or 2 days a week, the employer will cover the same costs as an employee who is permanently at the company. The cost of the pass remains unchanged.
9/ Employee equipment
The amendment introducing teleworking or the teleworking clause in the employment contract must specify the computer equipment provided that is necessary for the teleworking employee to carry out his/her duties. This computer equipment will include a visual device to ensure contact with the company.
The teleworking employee will receive information on the setting up, use and maintenance of this equipment, which remains the company’s property.
He undertakes to take care of it, to inform the company immediately of any anomaly or malfunction, not to use it for personal purposes and to ensure that no third party has access to it.
The teleworking employee shall be informed of any installation enabling remote control of the computer and of any remote control device.
The maintenance, repair or replacement of the equipment is the responsibility of the employer.
The equipment is returned to the company as soon as the teleworking arrangement is terminated.
10/ Process for ending teleworking
There are several ways in which the employer and employee can agree to end teleworking:
- A simple agreement between the employer and the employee, by any means (oral agreement, e-mail, letter, etc.);
- A collective agreement;
- A charter drawn up by the employer, after consulting the social and economic committee (if there is one).
In short, it is possible to organise the employee’s return to the company premises by following these procedures.
To conclude, teleworking has become an inescapable reality in the world of work. It offers many advantages, such as flexibility, less travel and a better work-life balance. However, it also presents challenges, particularly in terms of communication, isolation and time management. It is essential that companies and employees find a balance to make the most of teleworking while maintaining their well-being and efficiency.
If you have any further questions or would like more information on this matter, please do not hesitate to contact us.
