“Teleworking will be generalized wherever possible,” announced Emmanuel Macron on Wednesday evening during his televised address.
The option was already on the table of measures envisaged on October 14 to fight against the second wave, but President Emmanuel Macron had not chosen it at the time.
Here is what you need to know.
Are companies forced to apply it?
As during the confinement of last March, teleworking is now essential: "All teleworkable tasks must be teleworked", indicates the Ministry of Labor, which will once again have to adapt the health protocol.
According to our information, the latter will be put online in the next few hours.
But it is not without asking a number of questions.
While traditional teleworking is based on voluntary service, imposing it during normal periods could come up against, from a legal point of view, constitutional principles relating to individual freedoms and freedom of enterprise.
But the state of health emergency changes the situation.
"By pronouncing it, the state indirectly obliges companies to apply teleworking," explains Muriel Pariente, lawyer in social law.
The employer is all the more required to apply it since he has an obligation to prevent the psycho-social and physical risks of his employees.
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But if my employer still forces me to come to work, can I object?
“Employers must respect the law and government provisions,” continues Muriel Pariente.
An employee can tell his employer that there are instructions and that his manager is bound by a safety obligation.
The company is liable for criminal liability if the latter has the opportunity to telework his employees, if he does not do so and an employee contracts the Covid.
In this case, his employee will argue for recommendations from the government and may go to court.
What happens to the right to disconnect?
"It continues to apply," says Deborah Attali, labor lawyer.
The employer and the employee have schedules to respect, as in a company.
The employee therefore has the right to shut down his computer and switch off his telephone at the time at which he usually finishes.
His boss is not allowed to call him outside of his paid hours.
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What expenses can the employer reimburse?
In the context of traditional teleworking, there is a principle of equality between the employees present and those who are teleworking, for meal vouchers and compensation for transport costs.
And during confinement?
"All professional costs, such as reams of paper, ink, computer and even the office chair are the responsibility of the employer", details Béatrice Pola, lawyer in social law.
On the other hand, nothing is provided for the occupancy allowances (heating and water bill for example) and the Internet bill.
These provisions are the subject of negotiations at national level between unions and employers and should be concluded at the end of November.
