1. How is teleworking defined and agreed upon in France?
Teleworking in France is voluntary work performed outside the employer’s premises using communication technologies. It can be agreed upon through a collective agreement, charter, or mutual agreement. Teleworkers must have equal rights compared to on-site employees, including protections for accidents during work.
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2. What must a teleworking agreement or charter include in France?
The teleworking agreement or charter in France must outline conditions for starting or ending telework, workload monitoring, contact hours, and access for eligible employees. It should be transparent and ensure safe working conditions, especially for disabled, pregnant, or caregiving workers.
3. What rights do teleworkers have in France compared to on-site employees?
Teleworkers in France must have the same rights as on-site employees. Employers must justify any refusal of teleworking arrangements for eligible positions. If accidents occur during telework, they are considered work-related, ensuring teleworkers receive equal social protection and coverage for work-related accidents.
4. What obligations do employers have toward teleworkers in France?
Employers in France must inform teleworkers about equipment restrictions, offer equivalent non-teleworking roles, and conduct annual interviews on workload. Employers must ensure teleworking arrangements replace conflicting contract clauses, unless the employee objects. These obligations ensure fairness, safety, and communication in remote work environments.
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5. When can teleworking be imposed in France due to exceptional circumstances?
Teleworking can be imposed in France during exceptional circumstances, such as epidemics or force majeure events. It becomes necessary to ensure business continuity and employee safety. Pre-existing contract clauses may be overridden, but the employee must be informed and given a reasonable period to refuse.
6. Who can request a period of safe voluntary mobility in France?
Employees in France with at least 24 months of seniority in companies with over 300 employees may request voluntary mobility. With employer consent, they can temporarily work elsewhere, suspending their contract. After two refusals, they may be eligible for specific professional development leave.
7. What must the mobility addendum include in France?
The mobility addendum in France must detail the purpose, duration, start and end dates, and a deadline for notifying the employer of non-return. It should also include early return rules, ensuring clarity and understanding between the employer and employee about mobility expectations.
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8. What happens when employees return from safe voluntary mobility in France?
Employees returning from voluntary mobility in France must be reinstated in their previous role or a similar position with equivalent pay and qualifications. They retain their job classification and receive a professional development interview, supporting their reintegration after gaining external experience.
9. What happens if an employee chooses not to return after mobility in France?
In France, if an employee decides not to return after voluntary mobility, their contract is treated as a resignation. The notice obligation follows what was specified in the mobility addendum, offering flexibility for employees to continue their new role without typical resignation procedures.
10. What must employers report about mobility requests in France?
Employers in France must report mobility requests to the social and economic committee every six months, including outcomes. This provides transparency, helping monitor fairness and offering employee representatives visibility into mobility opportunities and decisions made by the employer within the organization.
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