Thursday, 20 January, 2022

Telework: the employers sent the unions a draft agreement


The employers sent the unions on Monday evening a draft agreement on teleworking which they will look into this Tuesday afternoon during their new negotiating session. Its content bodes well for difficult discussions.

An employee teleworking.

It’s done. The employers sent the unions a draft agreement on teleworking. Promised for last Thursday evening, on the eve of a third meeting canceled at the last minute, it was sent this Monday evening. It is around this fifteen-page document that the new negotiation session initiated on November 3 will start this Tuesday at 3 pm.

As announced, following the plan in seven chapters submitted to the unions at the start of the discussion, it embraces the whole subject, from regular teleworking to working from home in the event of force majeure to hiring on a position involving work. at home, from the integration of teleworking into the operation of companies to the issue of the careers of employees practicing it, including the adaptation of social dialogue.

«Neither prescriptive nor normative»

The project, which begins by laying down the basic principles, in particular that of double volunteering, also mixes, as announced, reminders of existing legal rules and advice and recommendations. The objective of the agreement is twofold, specifies the preamble: it is a question of“Explain the legal environment applicable to teleworking and offer social actors in the company, and where applicable in professional branches, a tool allowing them to promote the successful implementation of telework”.

He is faithful in this to the principle displayed since the beginning of the discussions by the employers of an agreement «Neither prescriptive nor normative». Source of a fundamental disagreement with the unions who want an agreement that imposes rules going beyond the existing, this principle permeates the entire text and augurs for difficult debates.

Two sprains

The employers’ organizations are however twisting it twice, but this will not facilitate the discussions. The 2017 reform of the Labor Code now allows great flexibility in its formalization in the event of exceptional teleworking. Medef, CPME and U2P wish to extend it. “In the absence of specific provisions provided for by a collective company agreement or a charter, the employer and the employee formalize their agreement by any means”, is it written in their project.

The three employers’ organizations also wish to jointly ask the unions for the government to review the regulations governing accidents at work, which are now identical in face-to-face and teleworking, and more particularly on “Presumption of accountability” to the employer which also applies today in the event of an accident at home.

Read also:

Reconfinement: these companies that telework à la carte

The text also addresses a very sensitive issue highlighted during the reconfinement with the government’s desire to develop 100% teleworking when possible to limit the spread of the virus: who has control over the definition of teleworking positions? The CFDT in particular wants the subject to be the subject of a dialogue with employee representatives. It is “no” for the employers. Hubert Mongon, the leader of the employers’ delegation, said so during the second negotiating session. The draft agreement clearly states: this subject is “Necessarily the responsibility of the employer and his power of direction”. Suffice to say that after the cancellation of the third negotiating session, scheduled for last Friday, the session on Tuesday promises to be tense.

Read also:

DOSSIER Covid: the figures for the epidemic and the health response in France

DOSSIER> Reconfinement: what you need to know

The employers sent the unions on Monday evening a draft agreement on teleworking which they will look into this Tuesday afternoon during their new negotiating session. Its content bodes well for difficult discussions.

An employee teleworking.

It’s done. The employers sent the unions a draft agreement on teleworking. Promised for last Thursday evening, on the eve of a third meeting canceled at the last minute, it was sent this Monday evening. It is around this fifteen-page document that the new negotiation session initiated on November 3 will start this Tuesday at 3 pm.

As announced, following the plan in seven chapters submitted to the unions at the start of the discussion, it embraces the whole subject, from regular teleworking to working from home in the event of force majeure to hiring on a position involving work. at home, from the integration of teleworking into the operation of companies to the issue of the careers of employees practicing it, including the adaptation of social dialogue.

«Neither prescriptive nor normative»

The project, which begins by laying down the basic principles, in particular that of double volunteering, also mixes, as announced, reminders of existing legal rules and advice and recommendations. The objective of the agreement is twofold, specifies the preamble: it is a question of“Explain the legal environment applicable to teleworking and offer social actors in the company, and where applicable in professional branches, a tool allowing them to promote the successful implementation of telework”.

He is faithful in this to the principle displayed since the beginning of the discussions by the employers of an agreement «Neither prescriptive nor normative». Source of a fundamental disagreement with the unions who want an agreement that imposes rules going beyond the existing, this principle permeates the entire text and augurs for difficult debates.

Two sprains

The employers’ organizations are however twisting it twice, but this will not facilitate the discussions. The 2017 reform of the Labor Code now allows great flexibility in its formalization in the event of exceptional teleworking. Medef, CPME and U2P wish to extend it. “In the absence of specific provisions provided for by a collective company agreement or a charter, the employer and the employee formalize their agreement by any means”, is it written in their project.

The three employers’ organizations also wish to jointly ask the unions for the government to review the regulations governing accidents at work, which are now identical in face-to-face and teleworking, and more particularly on “Presumption of accountability” to the employer which also applies today in the event of an accident at home.

Read also:

Reconfinement: these companies that telework à la carte

The text also addresses a very sensitive issue highlighted during the reconfinement with the government’s desire to develop 100% teleworking when possible to limit the spread of the virus: who has control over the definition of teleworking positions? The CFDT in particular wants the subject to be the subject of a dialogue with employee representatives. It is “no” for the employers. Hubert Mongon, the leader of the employers’ delegation, said so during the second negotiating session. The draft agreement clearly states: this subject is “Necessarily the responsibility of the employer and his power of direction”. Suffice to say that after the cancellation of the third negotiating session, scheduled for last Friday, the session on Tuesday promises to be tense.

Read also:

DOSSIER Covid: the figures for the epidemic and the health response in France

DOSSIER> Reconfinement: what you need to know