Teleworking "is not an option" indicated Elisabeth Borne, the Minister of Labor.

But what does the Labor Code say?

The employer can impose this way of working on his employees, but the converse is not true.

Lawyer Roland Perez provides an update on Europe 1. 

DECRYPTION

As France begins a new period of confinement for at least four weeks, remote work must become generalized within companies.

Telework "is not an option" but an obligation for all workers who can exercise their activity remotely, insisted Thursday the Minister of Labor Elisabeth Borne.

But can this practice be imposed by the employer?

Yes, according to the Labor Code, in exceptional circumstances.

The Covid-19 epidemic is one of them.

Roland Perez, lawyer, takes stock of Europe 1. 

>> Find all of Roland Perez's reviews in podcast and replay here

The implementation of telework may be imposed on the employer.

But the latter can also impose this form of work on his employees or on those he considers to be the most exposed because for example:

  • distance from his home to the business site;

  • about his age ;

  • their medical history, if known; 

  • or its proximity to a person who is fragile or more vulnerable to the virus.

Recommended, but not required

On the employee side, the situation is different.

An employee cannot impose on his employer the decision to stay at home to work remotely.

The latter can also refuse teleworking if he considers that it harms the smooth running of the company, its organization, its profitability or if it creates an imbalance with other employees wishing to work on site.

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In cases where teleworking is possible and if one or more of the employees eligible for teleworking request it, the employer must justify its refusal.

Teleworking is not explicitly compulsory but highly recommended with the added bonus of returning the certificate of travel for professional reasons.

President Emmanuel Macron has also urged the French to support businesses by reminding them that "the economy should neither stop nor collapse".

And Jean Castex added Thursday before the National Assembly, that "poverty and unemployment can also kill".