© - ATH all rights reserved - Edition 2024 68 EMPLOYER’S GUIDE 2024 DEFINITION Remote working is a way of organising work in which work that would ordinarily be carried out in the employer’s premises is voluntarily carried out by an employee outside said premises using computing and communication tools. Remote working may be regular, for all or part of the week, or occasional. It is voluntary and reversible for the employee and the employer. Teleworking is governed by the French Employment Code, the national interprofessional agreement of 19 July 2005 which is compulsory for employees in the professional sector represented by the Medef, CGPME or by the national interprofessional agreement of 26 November 2020, extended on 2 April 2021. IMPLEMENTATION Remote working is implemented : • Under the terms of a collective agreement, or • Under the terms of a policy developed by the employer after consulting the social and economic committee, if one exists. In the absence of a policy or collective agreement, when the employee and the employer agree to use remote working, they formalise their agreement by any means, a written document being recommended. Drafting a clause in the employment contract or an addendum to the contract is no longer required for remote working. The occupational doctor may recommend remote working as a means of redeploying an employee who has been declared unfit for work. If remote working is compatible with the employee's duties, the employer cannot rule it out, even if the company does not practise remote working. ORGANISATION OF WORK The collective agreement or policy established by the employer stipulates : • The conditions of switching to and stopping remote working, • The terms under which the employee accepts the conditions of remote working, • The terms under which working hours are monitored or workload regulated, • The determination of the time periods during which the employer can usually contact the remote working employee, • The terms under which disabled workers, pregnant employees and career employees can access remote working. Ask us about the clauses of the agreement or the policy best suited to your company, particularly those relating to the reimbursement of costs arising from remote working. REMOTE WORKING 33 What you need to know : Remote working allows employees to work outside company premises using computing and communication tools. This form of working can be arranged when the employee is hired or subsequently, in accordance with certain rules. Remote working employees benefit from specific guarantees.
RkJQdWJsaXNoZXIy MjQ1OTI5OA==