In brief
- Remote work is a form of work organization performed outside the employer's premises, on a voluntary basis.
- It relies on the use of information and communication technologies.
- Implementation can result from a collective agreement, an employer charter, or an individual agreement.
- The employer is required to provide, install, and maintain the necessary equipment at the employee's home.
- In companies with more than 50 employees, the Social and Economic Committee (CSE) must be consulted beforehand.
Who can apply
Any employee in the private sector may benefit from remote work, provided their role is suitable for it. The fundamental principle is voluntariness: an employee cannot be forced into remote work, except in specific exceptional cases detailed below. Conversely, the employer is not obligated to accept all requests but must adhere to certain rules in case of refusal.
Legal framework and implementation
Remote work can be established according to three main modalities, as indicated on the official service-public.fr sheet:
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Collective agreement or charter: The employer may implement remote work via a collective agreement or a charter they develop. This document must specify:
- Conditions for transitioning to remote work (including during pollution episodes).
- Formalities for employee acceptance and return to performing the contract without remote work.
- Methods for monitoring working hours or regulating workload.
- Time slots during which the employer may contact the employee.
- Access procedures for disabled workers, pregnant employees, and caregiving employees.
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Individual agreement: In the absence of a collective agreement or charter, the employer and employee may agree to resort to remote work at any time. This agreement must be formalized by any means (clause in the employment contract or amendment). To avoid disputes, it is preferable for this agreement to be in writing.
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Exceptional cases: In cases of exceptional circumstances (epidemic threat) or force majeure, remote work may be imposed by the employer without the employee's consent.
Frequency and locations
The frequency of remote work is defined in the collective agreement or charter. Two types are distinguished:
- Regular remote work: Offers regularity in scheduling (e.g., 1 to 2 days per week).
- Occasional remote work: Consists of working remotely for a few days or weeks per year.
Regarding locations, the employee may work in any places defined by the collective agreement, the charter, or authorized by the employer. This includes:
- The employee's home.
- A telework center or shared office.
- Any other location for employees who travel frequently.
Employer obligations
The employer has several strict obligations toward the remote-working employee:
Work equipment
When remote work is performed at home, the employer must provide, install, and maintain the necessary equipment. This obligation applies if electrical installations and workspaces are compliant. If the employee exceptionally uses their own equipment, the employer must ensure its adaptation and maintenance.
Data protection
The employer has an obligation to protect data used and processed by their employees, including remote workers. This obligation applies regardless of the equipment used (employer's or employee's).
Information on equipment usage
The employer must inform the employee of any restrictions on the use of IT equipment or electronic communication services. This information must warn the user of sanctions in case of non-compliance with these restrictions.
Workload and annual review
The workload, production standards, and performance criteria required of the remote worker must be equivalent to those of employees in comparable situations working on the company's premises. Identical benchmarks must be provided to the remote worker. Workload and completion deadlines are assessed using the same methods, allowing notably for compliance with rules regarding working hours (maximum duration and rest periods).
Finally, the employer must organize an annual interview concerning the employee's working conditions and workload. This interview is distinct from the professional development interview.
Priority for return
The employer must give priority to the employee to occupy or resume a position without remote work corresponding to their qualifications and skills. They must also inform the employee of any such positions.
Refusal of remote work
Refusal by the employer
The employer may refuse remote work in certain cases:
- If a collective agreement or charter exists: An employer who refuses to grant remote work to an employee holding a position eligible for it must explain the reasons for their response.
- In the absence of a collective agreement or charter: The employer may explain their refusal but is not generally legally required to do so.
- Specific cases: When the request comes from a disabled worker or an employee caring for a child, parent, or close relative, the employer must strictly explain the reasons for their refusal.
Refusal by the employee
The employee may refuse to transition to remote work. This refusal is not grounds for terminating the employment contract. Therefore, the employee remains protected against dismissal or sanction based solely on this refusal.
CSE Consultation
In companies with more than 50 employees, the Social and Economic Committee (CSE), when it exists, must be consulted before implementing remote work. This consultation is a mandatory preliminary step for affected organizations.
Required documents
To formalize remote work, the following documents may be required depending on the context:
- Collective agreement or remote work charter (framework document).
- Amendment to the employment contract or specific clause (for individual agreements).
- Declaration of compliance for electrical installations (if required for installing equipment at home).
Cost
No specific cost is mentioned for the administrative procedure itself. However, the employer bears the costs related to the provision, installation, and maintenance of work equipment, as well as its adaptation if the employee uses their own equipment.
Timelines
Implementation timelines depend on the chosen procedure:
- For a collective agreement or charter, the timeline includes CSE consultation (if applicable) and dissemination of information to employees.
- For an individual agreement, implementation is effective upon signing the amendment or written agreement between the parties.
Pitfalls to avoid
- Lack of written record: Although an individual agreement can be concluded "by any means," the absence of a written trail exposes parties to disputes over implementation conditions. It is strongly recommended to formalize the agreement in writing.
- Non-compliance with schedules: The employer must define contact time slots. The remote-working employee must be able to respect their rest periods; solicitation outside these slots could be challenged.
- Confusion between personal and professional equipment: If the employee uses their own equipment, they must ensure that the employer covers adaptation and maintenance, in accordance with the law.
Official source
service-public.fr Sheet: Remote work in the private sector
The information contained in this guide is extracted exclusively from the official sheet updated on February 28, 2025, by the Directorate for Legal and Administrative Information (Prime Minister).