The legal framework of teleworking has been modified (Macron Order No. 2017-1387 on the predictability and securing of employment relations).

The reform of the legal framework of teleworking, effective since September 24, 2017, is the opportunity to review your teleworking policy to ensure its compliance with the new rules.

As of now, except in the event of the occasional appeal, teleworking is implemented by a collective agreement or, failing that, as part of a chart established by the employer following the advice of the new social and economic committee.

This agreement (or this chart) must notably specify:

  • the conditions governing the change of status to teleworking and back to a non-teleworking employment contract;
  • the terms of acceptance by the employee of the teleworking implementation conditions;
  • the terms of employment time control or the regulation of the work load;
  • the establishment of timeslots during which the employee can usually contact the teleworking employee.

Note: the law does not provide for the employer to have to bear the costs that arise directly from teleworking. However, according to us, in practice, the collective agreement or chart should cover this point.

In the absence of a chart or collective agreement, only the possibility of resorting to casual teleworking seems to be considered by the order. The agreement between the employer and the employee is then formalized by any means.

Important: as of now, accidents occurring where the teleworking takes place during the course of the professional activity shall be deemed a workplace accident.

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