Remote work or telework is work carried out wholly or partially outside the company's premises, either from home or remotely. Details can be set up through a collective agreement, a charter drawn by the employer or individually agreed on terms between the employer and the employee.
Employees in roles that allow them to carry their tasks out at a distance can request to work from home. They can inform their employer of their intention either verbally or in writing, and the employer who refuses must justify their reason. Employers do not need to make changes to the employment contract to allow an employee to telework.
Employers must specify the following elements when allowing some or all employees to work from home:
Employers allowing workers to work remotely have the following obligations:
Employers are responsible for accidents at home during telework performance, just like they are in the office premises. Therefore, employers must treat home offices as an extension of the company's office and address risk assessment and prevention and inform employees of risks they might be exposed to when working from home, both physically and mentally.
Since the employer's access to the employee's home office is limited, it's the employee responsibility to comply with the provisions and instructions relating to health and safety at work and immediately inform the company in the event of an accident. The employer or the SEC may have access to the home office to ensure health and safety with prior consent and employee notification. The employee can also request an inspection visit.
Employers are responsible for their employee's data security, including when it is stored in data centers where they have no physical or legal control.
The National Commission of Informatics and Freedom (CNIL) lists the best practices for remote workers to protect the exchange of company and personal data at work:
Employers must take all reasonable steps to ensure the employee's workstation is correctly set up, safe, comfortable and easy to use to reduce potential injuries as indicated in the health and safety measures. In turn, employees must care for their health and safety and follow any reasonable policies or directions their employer gives them.
An appropriate workstation will include the following:
Employees working from home must enjoy the same individual and collective rights as all employees. This includes access to training, respect for their private lives, health and safety at work, access to the company's social activities, union information, and social benefits, such as restaurant vouchers.
Employers must first inform employees if they want to set up a monitoring system for employees working from home, consult the Works Council (CSE), and meet the requirements imposed on personal data processing. A permanent monitoring of employees through constant surveillance or screen sharing and requiring employees to prove their presence behind the screen constantly is prohibited.
The 35 working hours per week must also be respected and daily and weekly resting hours, and overtime worked (overtime worked at the employer's request only).
Recommendations for employees working from home: