The days of “
100%
”
teleworking
are almost over.
Invited this morning in the morning of
Sud Radio
, the Minister of Labor, Employment and Integration, Élisabeth Borne confirmed the end of systematic teleworking.
The project of the new corporate health protocol, which will be in force from June 9, will be discussed next Monday between the social partners and the Minister of Labor.
"
In what we offer them, employers set, within the framework of local social dialogue, a minimum number of teleworking days per week, for activities which allow it
", highlights the Ministry of Labor.
Read also: When teleworking harms your health
However, a full return to the site is not possible for companies.
At the Ministry of Labor, it is stressed that “
an employer who would ask all his employees to return to 100% as of June 9 would not apply the protocol.
The return of employees who were teleworking must be done gradually
”.
In the public sector, staff will be required to practice it three days a week.
To understand how the new rhythm of teleworking will be decided and implemented in companies,
Le Figaro
asked Nicolas Mancret, lawyer in labor law at the Jeantet firm.
Read also: Teleworking, high-tech, collaborative spaces ... Large groups are preparing post-crisis office life
LE FIGARO. - How do you analyze this new health protocol project?
Nicolas MANCRET.
-
As of June 9, full-time teleworking will no longer be an obligation.
The government wants to encourage companies to bring back employees in person while retaining days in teleworking.
The Ministry of Labor wants the weapon of negotiation to be the main weapon of this return to business.
Is negotiation therefore compulsory?
In all companies where there are union representatives, yes.
Management will have to negotiate with them on the use of teleworking.
However, if no agreement is reached between management and the social partners, the pace of teleworking will then be defined by means of a charter drawn up by the employer.
How does this work for companies that do not have union representatives?
Companies with 11 to 50 employees do not have union representatives but a CSE.
The employer can either inform the CSE of the telework pace chosen for the company or can ask the CSE to negotiate the agreement together according to the specific negotiation methods provided for by the Labor Code.
For companies with less than 11 employees, which do not have union representatives or CSEs, the decision will come unilaterally from the employer.
Can the pace of teleworking vary depending on the jobs performed by the employees?
Yes, it is necessary to define the populations which are eligible for teleworking and those which are not.
The rule must not be discriminatory and must be justified.
An employer who refuses to grant telework when the job is eligible must justify his decision.
The number of days of telework, if it varies from one job to another, must be clearly specified.
To read also: “Postcard of teleworking” with Éléonore Baudry
How much time do companies have to choose their telework pace?
This point will depend on the latest version of the health protocol which will be published next week. For the moment, there is uncertainty around the time allowed for companies to negotiate their pace of teleworking. From June 9, those who have not yet negotiated, will have to compose to manage the period during which teleworking has not yet been implemented by agreement or charter in the company. We are already feeling the tensions between certain companies anxious to bring back very quickly the employees to the office and the employees who would like to register permanently in an almost exclusive teleworking. It is important to report that the health issue is still opposed to a massive return of all employees at the same time to the office.
