As of September 24, 2017, the amendments to telecommuting arrangements introduced by the Macron ordinances shall be effective.
As of that date, the employer must ensure that he concludes a collective agreement or establishes a charter in order to be able to introduce regular telecommuting within the company. Henceforth, a simple agreement (contract or amendment) between the employer and the employee will no longer be sufficient to regulate the use of telecommuting. The charter or the collective agreement governing the telecommuting must be subject to a prior consultation with the competent employee representative bodies.
The charter or the collective agreement shall necessarily provide for the following measures:
- Conditions for setting up the telecommuting and the return to the company’s offices;
- Terms on how to control the working time or regulate the employee’s workload;
- Terms according to which the conditions for implementing the telecommuting are approved.
Please note that the future terms of the collective agreement or charter on telecommuting will substitue automatically, when appropriate, to any conflicting or incompatible clauses currently in force in the employees’ agreements and/or amendments (unless the employee refuses).