Face au Droit Social #2: Teleworking
Supposed to reduce employee stress and help achieve a better work-life balance, telecommuting is nonetheless struggling to gain a foothold in France. Among the obstacles to its more regular implementation is a supposed lack of a clear legal framework to define the parameters of the scheme. A UMP bill is currently being examined by the French Senate, with the aim of encouraging employers and employees to adopt this type of working arrangement. Michael Hayat, Social Affairs Delegate at Syntec Numérique, and Maitre Nicolas Sauvage, Partner at Reed Smith, discuss the dangers of telecommuting.
From accidents in the workplace to the control of working hours and safety standards, our experts decipher the process and explain the dangers involved. Because while telecommuting can be a solution to certain problems, it also creates new ones.
Program produced by Décideurs TV. December 2011.
This archived episode addresses the organisation of work away from an employer’s premises. Teleworking can offer flexibility, but it also raises questions about working time, equipment, occupational risks, information security and equal treatment.
Employers and employees benefit from clear agreements covering availability, privacy, expenses, reporting and the right to disconnect. The legal framework has changed over time, so provisions discussed in an early episode must not be presented as today’s complete rules.
The legal question is inseparable from the conditions in which work or a transaction takes place. An employer or business owner should identify the people affected, review the relevant documents and distinguish mandatory obligations from optional arrangements. Written procedures can reduce uncertainty, but they cannot replace consideration of individual circumstances. Where a dispute is possible, it is particularly important to retain a clear record of the decisions taken, the explanations given and the dates involved. Older legal commentaries offer valuable perspective on why a rule emerged; they should never be relied on without checking subsequent changes.