Mandatory teleworking policy: what you need to know

"What does the law say about mandatory teleworking charters?" is a question we are often asked.

The pandemic has brought teleworking to the fore, with it even becoming mandatory during lockdowns. According to a 2021 INSEE study, 28% of employees teleworked on average each week. This phenomenon of teleworking goes hand in hand with the rapid digitalization of businesses. Article L1222-9 of the Labor Code defines it as work "carried out by an employee outside the premises on a voluntary basis, using information and communication technologies." It can be implemented through a collective agreement or, failing that, through a teleworking charter. This is not mandatory, but it provides a framework for its use within a company, in the interests of fairness towards employees.

Mandatory teleworking policy: first step, how to draft it?

There is no standard template for a teleworking policy. It must be tailored to the specific circumstances of each company. However, it must address certain key issues:

Who is eligible for teleworking? Are there criteria for eligibility? The teleworking charter may stipulate certain prerequisites such as seniority, type of job, commute time, autonomy in the position, etc.

• How is acceptance of telework formalized and how can it be terminated? The telework charter outlines the procedure for requesting regular telework.
• How is the duration of telework organized? Is there a minimum or maximum number of telework days per month or per week allowed in the company? The telework charter also defines the hours during which the employee must be available. It determines the actual duration of working time and the means of monitoring it.
• What equipment is needed for teleworking? Who covers the costs? The employer must provide a computer. They are not required to cover expenses related to phone calls or internet connections. The teleworking charter defines the resources made available by the employer at their discretion: office, financial assistance for internet subscription, etc.
• What about the location of telework? Where can employees work remotely: at their primary residence, at a vacation home, or at a coworking space?
• How can security and confidentiality be ensured when working remotely? The remote working charter defines these aspects. What insurance should employees take out? What happens in the event of an accident at work? How can data confidentiality be ensured?

Employees who work remotely and those who work on site have the same rights. This remote working charter sets out the rules. It is drawn up by the employer. The company must seek the opinion of the Social and Economic Committee (CSE), if there is one in the company. The employer is not required to follow its recommendations. Since 2017, teleworking is no longer subject to salary negotiations.

Finally, this teleworking policy must be communicated to all staff, using the means chosen by the company.

Mandatory teleworking policy: update on teleworking—is it mandatory?

The Macron ordinances of 2017 greatly relaxed the conditions for teleworking and established a quasi-right to telework.

Employers are not obliged to accept an employee's request to work remotely. If they refuse, they must provide clear and specific reasons for doing so. There may be a variety of reasons for this:

poor internet connection causing communication problems;

home too far from the company if you need to return urgently;

not enough autonomy in a position to be able to manage on one's own...

The charter clarifies the eligibility criteria for teleworking and avoids treating it on a case-by-case basis.

                                    Please note: Is teleworking mandatory during lockdown?

During the health crisis, the government imposed teleworking without the possibility of refusal on 100% of positions where it was possible.

Is it mandatory to make an amendment for teleworking?

With regard to occasional teleworking, a simple agreement between the employee and the employer is sufficient. It can be formalized by email.

For regular teleworking, the employer must have the employee's consent. The teleworking amendment is not mandatory but provides security. The Macron ordinances have relaxed this point: the obligation to have an amendment has been suspended.

Is working remotely outside the home permitted?

The issue of teleworking outside the home is not covered by the Labor Code. The teleworking charter can specify this. Thus, the employer can refuse to allow an employee to telework if the location does not meet the requirements of the charter. Is this location properly equipped for teleworking? Is there sufficient network coverage to answer the phone and ensure optimal communication? Similarly, coworking spaces can accommodate teleworkers if all the conditions are met.

If the employee disregards this, they risk a warning or even dismissal.

In all cases, the employee must provide their employer with the address of their teleworking location, in particular to facilitate the procedure in the event of an accident at work.

Mandatory teleworking policy: how to organize employee schedules?

It's not easy to keep track of telework schedules. Are employees who are physically absent from the site on vacation, sick leave, or teleworking? Do we need certain profiles to be present on site? How can we avoid accepting telework for everyone at the same time?

To ensure effective monitoring of remote workers, there is relevant HR software available. The QuarksUp absence management solution allows you to see employee schedules at a glance. Teams can easily view which employees are working remotely. This scheduling management tool saves time and improves internal organization.

Although not mandatory, a teleworking policy provides a framework for its implementation and helps prevent any excesses.

The 3 key points to remember:

• The teleworking charter sets out its conditions of application;
• It is not mandatory, but it provides effective guidance.
• The Macron ordinances of 2017 contributed to the democratization of teleworking.