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 be willing, except in cases of exceptional circumstances or force majeure.
• Implementation relies on a collective agreement, a charter, or an individual agreement between the employer and the employee.
• The employer has strict obligations regarding equipment, data protection, and workload.

Who can take the initiative

Any employee in the private sector can benefit from remote work, provided their position is suitable for it. The system also applies to disabled workers, pregnant employees, and employees caring for a child, parent, or relative, who have specific access formalities mentioned in the collective agreement or charter.

Remote work is defined as a form of work organization in which work that could have been performed on the employer's premises is carried out by an employee outside those premises. The employee must use information and communication technologies to perform their duties.

Steps

The implementation of remote work follows several modalities depending on the existence of a collective agreement or charter.

1. Collective agreement or charter

Remote work can be implemented within the framework of a collective agreement or a charter developed by the employer. This document must specify the following elements:

• The conditions for transitioning to remote work (notably in case of pollution episodes, for example).
• The formalities for the employee's acceptance of the conditions for implementing remote work and returning to a work contract without remote work.
• The formalities for monitoring working hours or regulating workload.
• The determination of time slots during which the employer can usually contact the employee working remotely.
• The formalities for access to remote work for disabled workers.
• The formalities for access to remote work for pregnant employees.
• The formalities for access to remote work for employees caring for a child, parent, or relative.

In companies with more than 50 employees, the social and economic committee (CSE), when it exists, must be consulted before implementing remote work.

2. Agreement between the employer and the employee

In the absence of a collective agreement or charter, the employer and the employee can agree to resort to remote work at any time. They formalize their agreement by any means. This agreement can take various forms, such as a clause in the employment contract or an amendment to the contract. To avoid disputes, it is preferable that this agreement be in writing.

3. Frequency of remote work

There are two frequencies of remote work, specified in the collective agreement or charter:

• Regular remote work: This allows for consistency in the schedule (1 to 2 days a week, for example).
• Occasional remote work: This consists of working a few days or weeks per year remotely.

4. Places of work

When working remotely, the employee can work in all locations defined by the collective agreement, the charter, or authorized by the employer. These locations can include:

• At home.
• In a telecenter or shared office.
• Any other location for employees who travel frequently.

Documents

• Collective agreement or charter developed by the employer.
• Clause in the employment contract or amendment to the contract (recommended in writing).
• Written information from the employer regarding restrictions on the use of equipment.

Cost

This information varies depending on the situation.

Deadlines

This information varies depending on the situation.

Pitfalls to avoid

• Employer's refusal without reason: If remote work is implemented by collective agreement or charter, the employer who refuses to grant remote work to an employee in a position that allows it must explain the reasons for their response. Similarly, when the request is made by a disabled worker or a caregiver, the employer must explain the reasons for their refusal. In the absence of a collective agreement or charter, the employer can explain their refusal but is not obligated to do so.
• Employee's refusal: The employee can refuse to transition to remote work. This refusal is not a reason for terminating the employment contract.
• Unilateral imposition: Except in cases of exceptional circumstances (such as a threat of an epidemic) or force majeure, remote work cannot be imposed without the employee's agreement.
• Non-compliance with material obligations: When remote work is performed at home, the employer must provide, install, and maintain the necessary equipment for remote work. This obligation must be respected if the electrical installations and workspaces are compliant. If, exceptionally, the remote worker uses their own equipment, the employer is responsible for its adaptation and maintenance.
• Work overload: 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 to those used in the company are provided to the remote worker. The workload and deadlines are evaluated using the same methods as those used for work done on the company's premises. They must, in particular, allow the remote worker to comply with rules regarding working hours, especially the maximum working time and rest periods.
• Lack of annual review: The employer must organize an annual review that addresses the employee's working conditions and workload. This review is distinct from the professional interview.
• Data protection: The employer has an obligation to protect the data used and processed by their employees, including the remote worker. This obligation applies whether the remote worker uses the employer's equipment or their own.
• Information on usage: The employer informs the employee of any restrictions on the use of equipment or IT tools or electronic communication services. The information must warn the user of the penalties for non-compliance with these restrictions.
• Priority for return: The employer must give priority to the employee to occupy or resume a position without remote work that corresponds to their qualifications and professional skills. They must also inform them of any such positions.

Official source

Fiche service-public.fr Verified on February 28, 2025 - Service Public / Directorate of Legal and Administrative Information (Prime Minister)