Paris (AFP)

The employers have revised their copy on teleworking, responding to requests from unions but not all of their "red lines", which augurs well for a last complex negotiation meeting on Monday around a text supposed to frame a practice that s is widespread with Covid-19.

"There are + moves + of formulation", acknowledged in the morning Fabrice Angéi, of the CGT, who still planned to study as closely as possible the document, sent by the Medef on the night of Sunday to Monday.

"It is not enough to reaffirm existing rights, they must be made effective", adds the negotiator, who warned last week that the CGT would not sign a "minimum text".

For him, the new document does not go far enough, for example on the right to disconnect or the assumption of costs.

Medef, the confederation of SMEs, U2P (local businesses), CFDT, CGT, FO, CFE-CGC and CFTC will discuss this new draft national inter-professional agreement (ANI) from 3:00 p.m., during a session supposed to be the last.

Negotiators are however open to another meeting to refine the formulations.

The document, of which AFP has obtained a copy, contains some changes.

It takes up, as promised by Hubert Mongon (Medef), "points of convergence" found with the unions at the previous meeting, last Tuesday.

The employers no longer propose a relaxation of the legislation on industrial accidents (currently attributable to the employer), which was a "red line" for all trade unions.

"The presumption of accountability (...) also applies in the event of teleworking," the document now indicates.

When teleworking is set up "in the event of exceptional circumstances or force majeure" (pandemic, natural disasters, destruction of a company's premises), there is no longer any question of going back on the consultation deadlines for employee representative bodies, another "red line" for unions.

However, the employers maintain the employer's unilateral decision to resort to teleworking in these exceptional circumstances, whereas for FO this decision is the responsibility of the public authorities.

- "Marks" -

The unions also insisted that any agreement between employer and employee be in writing.

The text continues to indicate that formalization must be done "by any means", but underlines "the usefulness of having recourse to a writing, whatever it is".

Concerning the costs, the employers seem to take a step towards the unions which demanded that this subject be the subject of a negotiation in company: the assumption of responsibility "possible" can be, "if necessary, a subject of social dialogue at the within the company, ”the document says.

But "hard spots" remain unchanged.

On reversibility, which allows an employee to put an end to teleworking, there is no change in the wording.

FO claims that the employee can have the guarantee of being kept in his position, whether he is teleworking or not.

Not a word either on the eligibility of teleworking positions, a "big stumbling block" between trade unions and employers: the latter believe that this subject is the responsibility of the employer, when the former want to have their say. say - through negotiation with a view to a collective agreement in a company.

Nothing either on the binding character at the national level of this possible ANI, the document addressing it from the angle of agreements in company or branches.

"If the employers want us to sign, the agreement must be binding," warns Eric Courpotin (CFTC).

Chance of timing, Jean Castex, the Prime Minister, must receive by videoconference the heads of social and employers' organizations at 7:00 p.m., before a new speech by the President of the Republic on Tuesday at 8:00 p.m. on the management of the Covid crisis.

In the previous one, on October 29, Emmanuel Macron had recommended "two to three days of teleworking per week" in companies where this is possible.

In the process, the health protocol in companies had been modified, making telework "the rule" in companies that can.

Elisabeth Borne, the Minister of Labor, has since repeated that an ANI would give "benchmarks" to employers.

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