New Regulations on Working From Home or Telecommuting

A recent order, regarding employees who work from home or telecommute has established responsibilities for employers and broadened the definition of telecommuting to encompass both regular and occasional arrangements.

The new law provides that employers and employees can adopt either regular or occasional arrangements that can remain informal. However, in practice, businesses may want to formalize the arrangements in writing.

Formal telecommuting arrangements can be put in place by either a collective agreement or through a charter that the employer creates after consultation with the European Economic and Social Committee.

If a business has union representatives, the employer is obligated to try to seek agreement with the union on any formal telecommuting arrangement. In the absence of reaching an agreement the employer can resort to the charter. If a business does not have union representatives, the employer can either seek a charter following consultation with the European Economic and Social Committee or seek a collective agreement negotiated with elected representatives.

The agreement, whether a collective agreement or a charter drawn up by the employer, should specify several points, notably:

• any restrictions on positions eligible for telecommuting,
• any maximum number of telecommuting days per week or month,
• any terms and conditions applicable to issues like time and workload monitoring; and
• determined time slots during which the employer can contract an employee who is telecommuting.

All employees in non-excluded roles can request a telecommuting arrangement, but employers may reject requests when they have good reason to do so. An employer that refuses an employee’s request must provide justification for this decision. However, an employee’s refusal to telecommute does not constitute a breach of contract.

An employee who telecommutes enjoys the same rights as those who work at the company’s premises. Notably, these benefits include social benefits such as luncheon vouchers.

When an employee has an accident while working from home during the time slots allocated for telecommuting, there is a rebuttable presumption that the employer is responsible, requiring the employer to provide evidence to the contrary.

Written by Marie Millet-Taunay of Ogletree Deakins