Some employees will return to the office on Monday, while others will continue to work from home: despite the start of the deconfinement process, the government encourages companies that can, to continue teleworking to continue curbing the epidemic of coronavirus. A question then arises: what about the costs incurred, internet and electricity bills when purchasing supplies? Lawyer Roland Perez takes stock.
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An obligation in containment as in post-containment
The law is clear. Employers remain required to bear these costs, in application of the general principle established by case law: the company must reimburse the professional costs incurred by the employee. No exemption is provided in the event of compulsory teleworking. This obligation therefore applies both during the confinement and post-confinement period, with regard to both regular and occasional teleworkers.
The employer has three options if no company agreement settles the issue: either directly cover the costs, or reimburse the employee upon presentation of supporting documents, or, finally, pay him a lump sum allowance up to the limit of 10 euros per month for one working day per week in telework (i.e. a maximum limit of 50 euros for a full-time teleworker).
No home occupation allowance
The Court of Cassation also requires the employer to pay an indemnity for occupying the home to the employee, which is intended to compensate for the interference in his private life that constitutes the establishment of telework. The amount of this compensation varies between 50 and 100 euros per month.
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However, in view of the current pandemic circumstances and insofar as the employer had no other choice than to impose on those for whom this was possible telework, the allowance for occupying the home should not not find vocation to be paid.