Telework : the government is alert, the labour inspection to the rescue ?

infection with the SARS-CoV-2 and allows you to limit the social interactions in the vicinity of places of work and on the commute to and from work". "In the

Telework : the government is alert, the labour inspection to the rescue ?
infection with the SARS-CoV-2 and allows you to limit the social interactions in the vicinity of places of work and on the commute to and from work". "In the current exceptional circumstances, related to the threat of the epidemic, it must be the rule for all activities that allow that. In this framework, the work time telecommuting is increased to 100% for employees who can perform all of their tasks at a distance", can we read in the document.

"In other cases, the organization of work to reduce the travel from home to work and organise the time of presence in the company for the execution of tasks that cannot be completed in teleworking to reduce social interaction", is it written. In the case of teleworking, the employer must set the "rules applicable in the framework of the social dialogue proximity, maintaining links in the collective work and the prevention of risks related to the isolation of the employees teleworking". In the contrary case, they must organize "a systematic smoothing of departure times and arrival of the employee in order to limit the crowd during peak hours".

telework is it really became mandatory ?

telework is it really a requirement for businesses now ? The term has been repeated several times by the minister of Labour, but formally, this is not the case in the texts. As stated by the Council of State, in a notice dated October 19, the protocol anti-Covid does not have the force of law. However, neither the act nor the labour Code have been modified in view of the reconfinement. The incentive, however, is highly supported and require telework or, conversely, the work "on site" have been specified. Elizabeth Merely referred to Thursday, October 29, three cases of figure is taken into account during this confinement. In the first, the employee who is able to work remotely will have to opt for telework "5 days on 5". For "those who can't perform all of their tasks at a distance", it will be possible to travel to the place of work occasionally. The minister of Labour has cited the case of a"bureau of education, an engineer, a technician or an architect who has need of special equipment for work." These activities "on site" will be grouped together "to limit the movement". In the third case of figure finally, the presence in the workplace is essential. This is the "trades which cannot be carried out at a distance", as the traders (still open), employees in the CONSTRUCTION industry, farmers, or "all stakeholders in the home".

It is unlikely to see the emergence of more binding rules. It seems indeed difficult for the State to interfere in the work contracts. In the 20 hours of TF1 recently, the option of a legal obligation was clearly ruled out by Carole Vercheyre-Grard, attorney specializing in employment law, which equated to a "violation of the freedom of entrepreneurship". "We could be lifted shields companies, and they would be right : it is not necessary to cut off from the reality of the practice of the trades, which often may not be exercised at a distance", was the specialist. Still, the protocol in a company will have a "significant force", said Elisabeth Terminal on France Info radio on Tuesday, October 27. In the absence of explicit obligation, telecommuting becomes a "quasi-mandatory" where it can technically be put in place.

That said, today the law on the telework ?

today, in addition to the protocol in the enterprise, it is the labour Code, which lays down the rule in telework (articles L1222-9 L1222-11 of the labour Code). It is occasional or regular, it must be decided via a "collective agreement" or "in the framework of the charter developed by the employer, after obtaining the opinion of CHE". The absence of such agreement, the employee and the employer can formalise the agreement by any means. The employer may refuse to grant the telework to an employee but shall give reasons for the answer.

See the file

Telework : what are the rights and duties of the employee ? And those of the employer ?

can An employer deny a request to telework ?

An employer may, therefore, now totally refuse a request for telework employee. In a document released at the time of the déconfinement, the ministry of Labour stated, however, that this refusal would have to be "motivated". "Since march 17 and until further notice, the telework must be systematically privileged. The employer must, therefore, demonstrate that the presence in the workplace is vital to the operation of the business", said then the card. The employer must also ensure from the déconfinement that "the conditions for the resumption of activity are consistent with the safety instructions" on the place of work. With the reconfinement and the speech now very clear to the government in favour of a telework total, his responsibility in the event of a refusal could be committed.

can An employer impose telework to employees ?

If it can refuse to telework, the employer also has the power to impose on its employees. It is possible, according to the labour Code, in the case of "exceptional circumstances". A pattern which can easily be relied on for the coronavirus and containment. Article L. 1222-11 of the labour Code also mentions explici

Date Of Update: 06 February 2021, 11:57

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