The coronavirus pandemic has encouraged the rise of teleworking, but the government is content for the moment to encourage companies to use it, without forcing them to do so.

On the legal side, employers are wary of disputes that could arise during the current crisis.

DECRYPTION

With the increasingly active circulation of the coronavirus, are companies in the process of massively reintroducing teleworking?

The government, in any case, strongly encourages them to do so, like the Minister of Labor Elisabeth Borne who, in a press release two days ago, said that "in a zone of enhanced and maximum alert, employers and employees should use telework as much as possible ".

But the incentive is not an obligation.

What does the law say on the matter? 

The refusal must be explained

Legally, it is the employer who has control in this area.

If he considers that this is detrimental to the functioning of his business, he can refuse to set up teleworking.

Unless, of course, if an agreement signed with the unions provides otherwise.

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The exception concerns vulnerable employees who may demand to work at home.

An employer has the right to accept telework for some of his employees and to refuse it for others.

But, in this case, he must explain very precisely the reasons for his refusal.

He is liable, if these reasons are not objective, to a discrimination lawsuit.

A responsibility engaged?

So much for the law.

But the health crisis has reshuffled the cards of this situation.

Lawyers who advise companies are starting to warn them about the disputes that could arise if employees who have been refused telework contract Covid-19.

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The link of cause and effect will not be obvious to establish but, according to the lawyers, this will not prevent the implication of the civil and penal responsibility of the employer.

It should be remembered that the latter must protect the health and safety of its employees.