Remote working is now the norm for many companies, meeting employees' expectations for flexibility and employers' organizational needs. According to Owl Labs' 2024 report on the state of hybrid work, 49% of French workers are adopting a hybrid mode , compared to 47% in 2023. Flexibility is thus becoming a key priority, to the point that 30% of employees would look for a new job if this condition were no longer offered. At the same time, remote working involves additional expenses for days spent in the office, averaging 22 euros per day, pushing employees to favor working from home to limit costs.
This flexible work configuration, although popular, also entails specific obligations , both for the employer and the employee, framed by legal standards aimed at a balanced and productive work environment. This article presents the main obligations in teleworking and provides practical advice for their implementation.
The obligations of the employee working from home 👨💻
1. Respect for working hours and availability
One of the first obligations of the employee working from home is to respect the hours defined in his employment contract. Even remotely, he must be reachable during the time slots agreed with the employer. This is a legal obligation that applies in the same way as for employees present on the company premises. Failure to comply with this rule may result in disciplinary sanctions, such as warnings or even dismissal in the event of a repeat offense.
In practice, employees are advised to structure their working days rigorously, set up a dedicated workspace and ensure that distractions related to the home environment are avoided. Time management is therefore a major issue to ensure that the objectives set are achieved.
2. Use and protection of professional equipment
When an employee works remotely, they are often equipped with equipment provided by the employer, such as a computer, professional software, or even a telephone. The use of these tools must be exclusively professional . The employee is required to ensure their proper use and maintenance. If the equipment is damaged outside the professional framework, the employee may be held liable.
In some cases, the employee may use their own equipment to work. However, the employer has an obligation to ensure that this equipment is compliant with professional needs. This includes adjustments or adaptations (such as installing software or a VPN for security), which is also part of the employer's obligations in teleworking .
3. Data confidentiality and security
Data security and confidentiality are crucial aspects of teleworking. The employee must respect the company's security instructions, especially when accessing computer systems remotely. Implementing protective measures, such as secure passwords, two-factor authentication systems, or firewalls, is essential to prevent any leakage of sensitive information. In addition, it is strongly recommended to avoid public or unsecured networks, such as those in cafes or other public places, to limit the risk of intrusion.
Employer obligations in teleworking 🏢
1. Formalized implementation of teleworking
Teleworking cannot be imposed arbitrarily. The implementation of teleworking must respect a formal framework defined either by a collective agreement, or by a teleworking charter, or by an individual agreement between the employer and the employee. Within the framework of this agreement, the conditions must be clearly established, in particular the working hours, the number of teleworking days , the arrangements for returning to work in person, and the rules of communication between the employee and the employer.
The employer must also consult staff representatives, such as the Social and Economic Committee (CSE), to validate the implementation of teleworking in the company. This formalization ensures that the teleworking framework is clear to all stakeholders.
2. Provision of equipment necessary for teleworking
One of the most important obligations of the employer in telework is to provide the necessary equipment so that the employee can carry out his duties. This may include a computer, an internet connection, software, and other specific tools related to the position. If the employee uses his own equipment, the employer must guarantee its proper functioning for professional use and provide maintenance arrangements.
In the event of a breakdown or failure of the equipment provided, the employer is required to cover the cost of repairs or replacement of the equipment, to enable the employee to continue their work without interruption. This is part of the essential responsibilities to ensure business continuity.
To improve employees' teleworking conditions, the Zenho teleworking desk is an ideal solution. Portable and suitable for small spaces, it folds and stores easily, allowing the work environment to disappear at the end of the day.
3. Monitoring of working time and respect for the right to disconnect
The employer must set up a system to monitor the working time of employees working remotely, in order to verify that the hours are respected and that the workload is not excessive. This monitoring can be done via specific time management software or communication tools used regularly with the team.
Another essential point is respect for the right to disconnect . It is imperative that the employer does not solicit the employee outside of the defined working hours. This right helps protect the employee from overwork and ensures a balance between professional and personal life. Disconnecting is essential to avoid the risk of burnout, especially in a context where the boundary between personal and professional life can be blurred when teleworking.
4. Coverage of costs related to teleworking
The employer is obliged to reimburse the costs that the employee incurs for teleworking. These may include electricity costs, internet connection costs, or heating costs during working hours. These costs may be covered in the form of reimbursement on invoice or via a lump sum compensation. This aims to compensate for the additional expenses that the employee would not have incurred if he or she worked on the company's premises.
Professional expenses are therefore an important part of the employer's obligations when teleworking , and their coverage must be clearly defined in teleworking agreements.
Advantages and disadvantages of teleworking for employees and employers
For a complete presentation of the advantages and disadvantages of teleworking, we invite you to consult our dedicated articles on the blog:
These articles take an in-depth look at the benefits and challenges of teleworking for both employers and employees, with case studies and real-world examples.
Frequently asked questions about telework obligations
Can the employer refuse to implement teleworking?
Can an employer refuse teleworking?
Yes, the employer can refuse a request for teleworking if he considers that the conditions are not met to ensure sufficient productivity or if the tasks cannot be carried out remotely.
How to justify expenses related to teleworking?
How can the employee justify expenses related to teleworking?
The employee must provide invoices detailing the additional costs incurred (electricity, internet, heating, etc.), which the employer must reimburse. The reimbursement terms must be set out in the teleworking agreement.
What happens in the event of an accident while teleworking?
What are the employee's rights in the event of an accident while teleworking?
The employee is covered by the same rights as if he or she were working on the company's premises. An accident occurring during teleworking is considered an accident at work , provided that it occurs within the defined hours and tasks.
Teleworking involves specific legal obligations for both employees and employers. Complying with these rules helps ensure a peaceful and productive work environment, while maintaining a work-life balance. For teleworking to function optimally, it is essential that both parties collaborate and respect the commitments made in teleworking agreements.
