Teleworking has become an essential organizational method in large companies. While this flexibility is an asset for both employees and employers, it relies on a well-defined legal framework.
Here are 5 essential legal pieces of information to know before implementing teleworking in your company.
Teleworking and employment contract: what legal framework ?
A formal agreement is required
Teleworking cannot be imposed by either the employer or the employee. It is based on a dual voluntary nature, as specified in Article L1222-9 of the French Labor Code.
There are three solutions for formalizing teleworking :
- A collective agreement negotiated with social partners
- A company charter, drawn up after consultation with the CSE
- An individual agreement between the employer and the employee
Please note: In exceptional situations (pandemic, natural disaster), the employer may temporarily impose teleworking without prior agreement, according to article L1222-11 of the Labor Code.
Learn more about teleworking obligations.
Is teleworking a right for employees ?
A choice submitted to the employer
Contrary to popular belief, teleworking is not an automatic right for employees. Even if a collective agreement or internal charter governs teleworking, the employer can refuse a request, unless it comes from certain categories of protected employees.
Exceptions for certain profiles
The employer must justify his refusal when it concerns:
- Disabled workers
- Pregnant women
- Caregivers
📌 Please note: If the position is eligible for teleworking according to the company's charter, a refusal must be justified in writing.
🔗 More information on the legal framework for teleworking
Data protection : what precautions should be taken when working remotely?
The employer is responsible for data security
Whether the teleworker uses their own computer or equipment provided, the company must guarantee the confidentiality and protection of data used remotely.
GDPR compliant measures
The use of digital tools in teleworking must comply with the General Data Protection Regulation (GDPR). The company must implement:
- Secure connections
- A strict data access policy
- Raising employee awareness of cyber risks
Good to know: The employer can limit access to certain software and control the use of professional equipment, provided that the employee is informed in advance.
Who should cover the costs associated with teleworking ?
The employer must provide the necessary equipment
Legally, the company must ensure that the employee has the appropriate equipment to work remotely in good conditions:
- Computer, phone, professional software
- Suitable internet connection
- Ergonomic furniture to prevent musculoskeletal disorders
Reimbursement of teleworking expenses
Costs related to teleworking (internet connection, electricity, heating, etc.) can be offset by a lump sum allowance paid by the employer.
Right to disconnect : an essential rule
Managed working hours
The right to disconnect is a fundamental principle for avoiding hyperconnection and ensuring a work-life balance. The company must establish:
- Time slots during which the employee can be contacted
- Clear rules on sending emails and calls outside of working hours
Implementation of a charter on the right to disconnect
Many companies set time slots for unavailable hours to avoid any deviation.
FAQ – Your questions about the law regarding teleworking
What are the main rules governing teleworking?
What are the rules for teleworking?
Teleworking must be formalized by a collective agreement, a charter, or an individual agreement. The company must guarantee data protection, provide the necessary equipment, and respect working hours.
What legal framework applies to teleworking in companies?
What is the legal framework for teleworking?
Teleworking is voluntary (with some exceptions) and follows a framework defined by Articles L1222-9 to L1222-11 of the French Labor Code. The company must comply with specific rules regarding equipment, safety, and the right to disconnect.
Can I freely choose my teleworking days?
Can I choose my teleworking days?
It depends on your agreement with your employer. Some collective agreements or charters define fixed days, while others allow more flexibility.
