During the spring containment period, 34% of employees were teleworking, compared with just 3% who teleworked at least one day a week in 2017. In addition to complying with health recommendations, telecommuting offers many advantages, not only for employees, but also for company directors. What are the advantages of telecommuting, and how do you set it up?
Who can benefit from teleworking?
Normally, telecommuting, which consists of employees using information and communication technologies to carry out their duties away from their employer's premises, is voluntary and cannot be imposed on employees.
However, as stipulated in article L1222-11 of the French Labor Code, certain "exceptional circumstances", such as the "threat of an epidemic", may justify the company manager imposing telecommuting, which is then considered "as an adaptation of the workstation made necessary to ensure the continuity of the company's activity and the protection of employees".
Telecommuting is not a right for employees either, and may be refused by the employer, who may decide to implement it only for certain categories of personnel. However, if the employer refuses to allow an employee to telework, he or she must give reasons for the decision. The employee, for his part, may refuse to telework (except in exceptional circumstances), without this being grounds for termination of the employment contract.
Teleworking: benefits and obligations
According to a report on telecommuting by the Direction Générale des Entreprises, telecommuting boostsproductivity and output by 5-30%, partly because employees are more motivated and see their living conditions improve. According to the Commissariat général à l'égalité des territoires, telecommuting can also reduce absenteeism by around 20%, as well as turnover.
For companies, telecommuting is also a source of savings, in terms of premises and running costs (heating, rent, etc.). In addition, employees spend less time commuting, are more focused, more autonomous and better able to manage their working time.
A company director has a number of obligations towards his telecommuting employees. First of all, they have exactly the same rights as when they carry out their duties on their employer's premises.
Secondly, employers have certain specific obligations. For example, they must :
- Set a time slot during which employees can be contacted ;
- Inform them about what they are and are not allowed to do with the equipment provided, as well as the penalties for non-compliance;
- Organize an annual interview with each employee, just like when they work face-to-face;
- Give them priority to take up or return to a non-teleworking position, if it matches their qualifications.
How do I set up teleworking?
Telecommuting can be set up by the company either through a simple agreement between employer and employee (oral or written), or through a collective agreement, or through a charter drawn up by the head of the company with the agreement of the social and economic committee.
When telecommuting is introduced by means of a charter or collective agreement, the following elements must be mentioned:
- Time slots during which the employer may contact the employee ;
- Access to teleworking for disabled workers ;
- Time and workload control procedures ;
- How the employee accepts the conditions of telework ;
- Conditions for switching to teleworking and returning to face-to-face work.
Previously, to place an employee in telecommuting, it was necessary to modify their employment contract. This is no longer the case since the law of September 15, 2017 on strengthening social dialogue.