The government is calling for telework to be maintained for as long as possible during deconfinement. Overview of the rules that govern this way of working.
To maintain or not to telework? In these times of déconfinement, if it is not obligatory it is strongly recommended by the Ministry of Labor. What are the rules surrounding it today? Here are some answers. Despite the current pandemic, the choice of work organization still rests with the company. “There is no recourse, explains Me Flavie Hourtolou, a lawyer specializing in labor law. It is the employer who decides whether to continue teleworking partially or not, and the employee cannot oppose it”. An obvious rule at first sight but whose responsibility takes on a new dimension at the time of deconfinement. “Since March 17 and until further notice, teleworking must be systematically preferred, insist the services of the Ministry of Labor. The employer must therefore demonstrate that presence in the workplace is essential to the functioning of the activity”. An injunction which also prevails in the departments less affected by the virus.
Negotiate teleworking
If the employee wants to continue working from home against the advice of his superior, he will have to negotiate. “It is not enough to say that we are afraid of Covid-19 to assert our right of withdrawal, assures Me Flavie Hourtolou. He must go to the site at least once and find that the measures taken by his company to ensure his safety are not sufficient. The risk of contagion inside public transport is also an argument in favor of remote working. “Many companies are afraid of being responsible for a scenario similar to that of asbestos and therefore of being held responsible for contamination or chronic health problems among their employees because of Covid-19”, she says. However, the assessment of the danger is once again up to the employer. Me Hourtolou also recalls that “vulnerable” people as well as people living with them can obtain partial unemployment.
Respect it well
The proper application of telework is a less easy task than it seems. “Telework poses in particular the problem of monitoring working time, assures Me Flavie Hortolou. Failure to follow up can lead to numerous disputes such as the claim for overtime or the use of teleworking during a period of partial activity, which prohibits and can lead to sanctions”. The teleworker benefits from the right to disconnect and retains his advantages such as obtaining meal tickets or holiday vouchers. Often, the practice of telework is framed by charters or collective agreements. “Each company can set its own rules, recalls Me Hortolou, such as for example prohibiting the sending of email after 8 p.m. or on weekends, or setting up a connection protocol to avoid computer security problems”. If this approach is strongly recommended, nothing however forces companies to clarify their policy on remote work according to the lawyer.
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