Teleworking is back: not mandatory, it is however recommended by the government to try to slow the progression of the coronavirus epidemic in France.

But seven months of health crisis have not made it possible to dispel all the doubts of employees about the legal framework of this organization. 

Teleworking is now recommended for companies where it is possible: faced with the increase in the various indicators of the progression of the coronavirus in France, the government indicated this this week.

Not mandatory, therefore, this organization of work has been emulated since the end of confinement.

But for employees, the legal framework that surrounds it is not always clear.

Details from lawyer Roland Perez. 

>> Find the chronicles of Roland Perez in podcast and in replay here 

At least an internet connection

However, it has been a long time since the French Labor Code introduced this possibility of working from home, on behalf of a company, obviously being equipped with computers as necessary, with at least an internet connection.

As for the hours and availability of the employee, he must be reachable during the opening hours of the company, until its closure, except of course during the lunch break. 

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 Important point: all employees have the right to telework, including those who are part-time.

However, the employer can refuse to set up remote work to a particular employee by justifying it objectively, with regard to the positions held and the need to be physically present in the company.

The control methods fixed in advance

Generally, a collective agreement or a charter put in place by the employer organizes the conditions for teleworking in the company - in particular the methods of controlling working time and the time slots where the employee can be contacted so that we can 'ensures that he is in front of his computer.

Of course, teleworking cannot be imposed on an employee, as it cannot be on an employer, except in the case of a health crisis.

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Finally, last point which is important: the employer must regularly meet with his teleworking employee to ensure that he is doing well morally and professionally, especially as new agreements are being negotiated between unions and employers or branch activity, to establish teleworking more sustainably in companies.