On 26 November 2020, a draft national inter-professional agreement on telework was drawn up. It oversees all issues relating to the practice of telework,which is widely implemented within French companies. The purpose of this agreement is to clarify and list all applicable rules already in place in previous legislation and agreements. With the arrival of the COVID-19 pandemic, the implementation of this “distancing” operation was no longer an option. To preserve the health of its employees, and to continue its activity, the employer must use it. A practice that companies do not seem ready to give up, given the health changes…
The role of everyone in telework, the point of the National Interprofessional Agreement
Ahead of the introduction of telework in a more sustainable way in a company… The manager defines all the activities of his company that can be done remotely,or not. This allows for a simplified implementation,without a shadow area for employees. For the latter, in particular, their position may change in part if certain tasks cannot be carried out remotely. The National Interprofessional Agreement distinguishes between employees who can use telework, and those who cannot, because of their industry.
As a result, the health professions, construction sites and retail sectors cannot be teleworked. For others, the national inter-professional agreement expresses the legal environment applicable to telework. It also complements the ANI of 19 July 2005, as well as on articles L.1222-9, L.1222-10 and L.1222-11 of the Labour Code. This new agreement does not create new rights,but frames, specifies and complements the previous texts.
This national inter-professional agreement also aims and above all to define the roles of each,and how telework will take place. Thus, it serves as a support for social dialogue and negotiation, and aims to preserve social cohesion within the company. In particular, it specifies the importance of the balance between distance work and present- Because companies are not yet ready to return to a traditional rhythm, given the current situation. At the heart of this new ecosystem, managers are the creators of social ties… To keep this relationship and contact between the different collaborators.
The National Inter-Professional Agreement lays the groundwork for new labour relations
Although for many employees, the introduction of telework since March 2020 is a novelty… They retain the same rights as when they are in their “physical” workplace. New job openings can now be mentioned in the operation of telework. Thus, an employer who wishes to set up telework in his company but who did not practice it before can set up an “experimental phase”. It allows him to prepare, define and supervise the proper implementation of telework in the company, and then to take stock of the results.
Basic access to telework is based on a dual volunteering between the employee and the employer. However, telework is imperative in exceptional circumstances or in cases of force majeure, as is currently the case with the COVID-19 pandemic. In both cases, the employer specifies the frequency of work performed in-person or remotely,as well as the working hours. In the event that the employer refuses its employees access to telework, if their tasks are possible remotely… It must justify its decision, in accordance with Article L.1222-9 of the Labour Code.
The national inter-professional agreement also provides that, in the context of telework, the employer controls the hours of work of the employee… To ensure that the contract is within the scope of the contract. It can therefore, within the framework of working hours, set time slots with the employee during which he contacts him. The opportunity to exchange, to get feedback, and to take stock of the progress of the work. Because working remotely does not allow the same interactions between employees as in person.
Telework, a special operation for companies and employees
Telework is well entrenched in business habits. The national inter-professional agreement only clarifies all the intricacies. Among them, the cost of telework, provided by the employer. In this context, only “expenses incurred by the employee for the purposes of his professional activity and in the interest of the company after validation of the employer are covered”. The terms of this care can be the subject of social dialogue in the company.
In addition, the national inter-professional agreement also specifies that thelump sum allowance paid by the employer to reimburse the employee is exempt from social contributions within the thresholds provided by law. When setting up telework, the employee receives instructions, good practices so that the work takes place in good conditions. This is so that no data about the company emerges, while protecting the employee’s personal data. The employer must also communicate about the penalties to which employees who do not respect good practices are exposed. Finally, the company can provide its employees with communication tools, collaborative tools to carry out its work remotely in the best conditions… Without abandoning social dialogue.
Sources:
- Telework: what the new national inter-professional agreement provides, Social Links release published on 30 November 2020
- Article L1222-9 – Labour Code
- Law L1222-10 – Labour Code
- Article L1222-11 – Labour Code
- ANI of 24 November 2020 for a successful implementation of telework
