Thursday, 20 January, 2022

Teleworking: a second, slightly more open employer project


The employers sent the unions on Sunday evening a second draft agreement on teleworking which will serve as the basis for the negotiation session on Monday afternoon.

The Covid-19 epidemic will have taken the development of teleworking a step forward.

Will this be enough? Answer this Monday at the end of the day. As he had undertaken to do, the employers sent the unions a second draft agreement which “Les Echos” took note of. The text, which arrived Sunday evening in the mailboxes of the heads of delegation, will serve as the basis for the third discussion session which will take place this Monday afternoon.

Between erasures and apparent additions, the changes added a little more than one page to the initial 15 pages. This does not mean, however, that employers’ organizations have thoroughly reviewed their copy. On the other hand, they obviously sought to open a few doors in relation to the comments made by the unions on their first project, as the head of the employers’ delegation, Hubert Mongon, had mentioned at the end of the previous negotiating session. Symbolic only or sufficient for the negotiation to be tied?

Read also:

Teleworking: employers and unions in search of an agreement

Two scarecrows for the unions had been slipped into the initial text. The first was the fact that “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”. It persists but it is added that “the signatory organizations of this agreement nevertheless underline the usefulness of having recourse to a document, whatever it is, in order, in particular, to establish the proof of this agreement if necessary”.

The second scarecrow consisted in asking to review the presumption of imputability of the responsibility to the employer in the event of accident in teleworking. He is abandoned. “Telework being a modality of execution of the employment contract, the presumption of accountability relating to work accidents also applies in the event of telework”, it is written. “This is what the Labor Code explicitly provides, at the risk of posing potential application difficulties”, adds the new text.

A “non-normative” agreement

The employers also stick to the basic principle that they have laid down for a “non-normative” agreement. In the reminder of the “legal framework for the implementation of teleworking” included in its preamble, to the 2005 national inter-professional agreement on the subject and to the changes brought about by the 2017 reform, a reference is added to the case law which “has could ”specify“ the scope ”. The project also includes the possible compromise that could be concluded within the framework set by a framework agreement concluded on 22 June 2020 between Business Europe and the European Trade Union Confederation on teleworking; a framework agreement which must be transposed within three years by the countries of the European Union.

Read also:

Deconfinement: 100% teleworking expected to last at least until the end of the year

Telework and productivity: what the first studies of economists say

Dialogue social

The second project of the employers also sticks to a “non-prescriptive” agreement. The drafting is, however, on a few points more direct. The interest of a social dialogue in the company but also in the branch is underlined but there is still no question of making it a compulsory topic of negotiation. Thus, it is written that “the signatories of this agreement insist on the importance of making the implementation of teleworking a topic of social dialogue at the level of the company” and, it is now added a reference, “Where applicable, at branch level”. The employers have also revised downwards their requests for a relaxation of the operating conditions of the Social and Economic Committee in the event of exceptional circumstances.

Integration into the information that must be sent to the employee is also mentioned. “Preferably in writing” including the “Rules for covering any professional expenses, as defined in the company” ; a theme that “Can be a subject of social dialogue”. Simple recommendations. The discussion promises to be tough.

The employers sent the unions on Sunday evening a second draft agreement on teleworking which will serve as the basis for the negotiation session on Monday afternoon.

The Covid-19 epidemic will have taken the development of teleworking a step forward.

Will this be enough? Answer this Monday at the end of the day. As he had undertaken to do, the employers sent the unions a second draft agreement which “Les Echos” took note of. The text, which arrived Sunday evening in the mailboxes of the heads of delegation, will serve as the basis for the third discussion session which will take place this Monday afternoon.

Between erasures and apparent additions, the changes added a little more than one page to the initial 15 pages. This does not mean, however, that employers’ organizations have thoroughly reviewed their copy. On the other hand, they obviously sought to open a few doors in relation to the comments made by the unions on their first project, as the head of the employers’ delegation, Hubert Mongon, had mentioned at the end of the previous negotiating session. Symbolic only or sufficient for the negotiation to be tied?

Read also:

Teleworking: employers and unions in search of an agreement

Two scarecrows for the unions had been slipped into the initial text. The first was the fact that “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”. It persists but it is added that “the signatory organizations of this agreement nevertheless underline the usefulness of having recourse to a document, whatever it is, in order, in particular, to establish the proof of this agreement if necessary”.

The second scarecrow consisted in asking to review the presumption of imputability of the responsibility to the employer in the event of accident in teleworking. He is abandoned. “Telework being a modality of execution of the employment contract, the presumption of accountability relating to work accidents also applies in the event of telework”, it is written. “This is what the Labor Code explicitly provides, at the risk of posing potential application difficulties”, adds the new text.

A “non-normative” agreement

The employers also stick to the basic principle that they have laid down for a “non-normative” agreement. In the reminder of the “legal framework for the implementation of teleworking” included in its preamble, to the 2005 national inter-professional agreement on the subject and to the changes brought about by the 2017 reform, a reference is added to the case law which “has could ”specify“ the scope ”. The project also includes the possible compromise that could be concluded within the framework set by a framework agreement concluded on 22 June 2020 between Business Europe and the European Trade Union Confederation on teleworking; a framework agreement which must be transposed within three years by the countries of the European Union.

Read also:

Deconfinement: 100% teleworking expected to last at least until the end of the year

Telework and productivity: what the first studies of economists say

Dialogue social

The second project of the employers also sticks to a “non-prescriptive” agreement. The drafting is, however, on a few points more direct. The interest of a social dialogue in the company but also in the branch is underlined but there is still no question of making it a compulsory topic of negotiation. Thus, it is written that “the signatories of this agreement insist on the importance of making the implementation of teleworking a topic of social dialogue at the level of the company” and, it is now added a reference, “Where applicable, at branch level”. The employers have also revised downwards their requests for a relaxation of the operating conditions of the Social and Economic Committee in the event of exceptional circumstances.

Integration into the information that must be sent to the employee is also mentioned. “Preferably in writing” including the “Rules for covering any professional expenses, as defined in the company” ; a theme that “Can be a subject of social dialogue”. Simple recommendations. The discussion promises to be tough.