In brief
- Remote work is a form of work organization carried out outside the employer's premises, using information and communication technologies.
- The employee must voluntarily agree to remote work, except in cases of exceptional circumstances or force majeure.
- The implementation can result from a collective agreement, a charter developed by the employer, or a direct agreement between the employer and the employee.
- In companies with more than 50 employees, the social and economic committee (CSE) must be consulted before implementing remote work.
Who can take the initiative
Remote work is aimed at employees in the private sector. The fundamental principle is that the employee must be willing. No employee can be forced to accept remote work, except in specific situations defined by law.
Certain categories of employees receive special attention regarding access to remote work:
- Disabled workers;
- Pregnant employees;
- Employees caring for a child, parent, or relative.
For these groups, the employer must specify in the collective agreement or charter the procedures for accessing remote work. Additionally, if a disabled worker or a caregiving employee requests remote work, the employer who refuses must provide valid reasons for the refusal.
Steps
1. Determine the legal framework
The implementation of remote work follows three possible paths:
A. Collective agreement or charter The employer can establish remote work through a collective agreement or a charter that they develop. This document must specify:
- The conditions for transitioning to remote work (especially in case of pollution episodes);
- The procedures for the employee's acceptance of the implementation conditions and return to a non-remote work contract;
- The procedures for monitoring working hours or regulating workload;
- The determination of time slots during which the employer can typically contact the employee;
- Specific access procedures for disabled workers, pregnant employees, and caregiving employees.
B. Agreement between the employer and the employee In the absence of a collective agreement or charter, the employer and the employee can agree to remote work at any time. They formalize this agreement by any means. Although the law allows for various formats, it is preferable for this agreement to be in writing to avoid disputes. This can take the form of a clause in the employment contract or an amendment to the contract.
C. Consultation of the CSE In companies with more than 50 employees, the social and economic committee (CSE), when it exists, must be consulted before implementing remote work.
2. Define practical arrangements
Work locations The employee can work in all locations defined by the collective agreement, the charter, or authorized by the employer. These locations include:
- The employee's home;
- A telecenter or shared office;
- Any other location, especially for employees who travel frequently.
Frequency There are two types of remote work frequencies specified in the collective agreement or charter:
- Regular remote work: This allows for consistency in the schedule (for example, 1 to 2 days per week).
- Occasional remote work: This involves working a few days or weeks per year remotely.
3. Handling refusals
Refusal by the employer The employer can refuse remote work in certain cases:
- If remote work is established by a collective agreement or charter, the employer who refuses to grant remote work to an employee in a position that allows for it must explain the reasons for their response.
- In the absence of a collective agreement or charter, the employer can explain their refusal but is not legally obligated to do so.
- However, as mentioned earlier, the refusal must be justified if it concerns a disabled worker or a caregiving employee.
Refusal by the employee The employee can refuse to transition to remote work. This refusal is not a valid reason for terminating the employment contract. The employee retains their job under the original conditions.
Exception: Exceptional circumstances In cases of exceptional circumstances (such as a threat of an epidemic) or force majeure, remote work can be imposed without the employee's agreement. This provision overrides the principle of voluntariness.
Documents
The documents formalizing remote work vary according to the chosen framework:
- Company or branch collective agreement;
- Charter developed by the employer;
- Clause in the employment contract;
- Amendment to the employment contract;
- Any other written support formalizing the agreement between the employer and the employee.
Cost
This information varies depending on the situation and internal agreements, but the official source specifies the following financial obligations:
- When remote work is performed at home, the employer must provide, install, and maintain the necessary equipment for remote work.
- If, exceptionally, the remote worker uses their own equipment, the employer must ensure its adaptation and maintenance.
- These obligations are met if the electrical installations and work locations are compliant.
Deadlines
The mandatory annual interview must be organized each year by the employer. This interview focuses on the employee's working conditions and workload. It is distinct from the professional interview.
Pitfalls to avoid
- Neglecting data protection: The employer has a strict obligation to protect the data used and processed by their employees, including remote workers. This obligation applies whether the remote worker uses the employer's equipment or their own.
- Overlooking information on equipment usage: The employer must inform the employee of any restrictions on the use of equipment or IT tools or electronic communication services. This information must warn the user of the penalties for non-compliance with these restrictions.
- Ignoring workload equivalence: The workload, production standards, and performance criteria required of the remote worker must be equivalent to those of comparable employees working on-site. Identical benchmarks used in the company are provided to the remote worker. The workload and completion deadlines are evaluated using the same methods as those used for work done on the company's premises. They must allow the remote worker to comply with the rules regarding working hours, including the maximum working time and rest periods.
- Forgetting the priority of return: The employer must give priority to the employee to occupy or return to a non-remote position that corresponds to their qualifications and professional skills. They must also inform them of any such positions.