Telework of the employee in the private sector
Verified 14 August 2026 - Public Service / (Prime Minister)
Additional cases ?
Teleworking is a form of work organization in which work that could have been carried out on the employer's premises is carried out by an employee outside these premises. The employee must be voluntary. It uses information and communication technologies. The implementation of teleworking must respect certain rules. We're taking stock of the regulations.
Warning
The employee placed in a teleworking position is not a home worker.
Teleworking can be set up as part of a collective agreement or a charter drawn up by the employer.
In the absence of a collective agreement or a charter, the employer and the employee may agree to telework.
Collective agreement or charter
The collective agreement or charter developed by the employer must specify the following:
- Conditions for working remotely (in particular in the event of a pollution episode) and conditions for returning to the realization of the employment contract without telework
- Formalities of acceptance by the employee of the conditions of implementation of telework
- Formalities for controlling working time or regulating workload
- Determination of the time slots during which the employer can usually contact the employee in telework
- Formalities for access to telework for disabled workers
- Formalities for pregnant employees to telework
- Formalities of access of employees assisting a child, a parent or a close relative to an organization in telework.
Agreement between employer and employee
The employer and the employee may agree to telework at any time.
They formalize their agreement by any means. For example, this agreement may be a clause in employment contract or a endorsement to the contract.
To avoid disputes, it is preferable that this agreement be written.
Please note
In exceptional circumstances (e.g. threat of an epidemic), telework can be imposed without the employee's consent. This provision shall also apply in the case of force majeure.
In companies with more than 50 employees, CSE: titleContent , where it exists, must be consulted before teleworking is introduced.
When teleworking, the employee can work in all the places defined by the collective agreement, the charter or authorized by the employer. This can be for example:
- At home
- In a telecentre, shared desktop
- Any other place for employees making many trips.
There are 2 teleworking frequencies: regular teleworking and occasional teleworking.
The frequency of teleworking is specified in the collective agreement, in the charter drawn up by the employer.
In the absence of an agreement or charter, the frequency of telework is determined by agreement between the employer and the employee (employment contract or endorsement for example).
Regular telework
Teleworking regular makes it possible to have a regularity in the schedule (1 to 2 days per week for example). This arrangement is specified in the collective agreement or in the charter drawn up by the employer.
Casual telework
Teleworking occasional for example, it consists of working from home for a few days or weeks a year.
Yesin some cases, the employer may refuse telework.
No collective agreement or charter
In the absence collective agreement or charter, the employer may explain its refusal, but is not obliged to do so.
Please note
Where the request for telework is made by a disabled worker or an employee assisting a child, parent or close relative, the employer must explain the reasons for its refusal.
Telework set up by collective agreement or charter
An employer who refuses to grant telework to an employee in a position in which telework is available must explain the reasons of his answer.
Yes, the employee may refuse to switch to telework.
The refusal of the employee to agree to switch to telework is not a reason for termination of the employment contract.
Please note
In exceptional circumstances (e.g. threat of an epidemic), telework can be imposed without the employee's consent. This provision shall also apply in the case of force majeure.
Occupational health and safety
Telework is a form of work organization that can be the subject of an occupational risk assessment. This risk assessment can include risks related to the employee's distance from the work community and the use of digital tools.
This risk assessment shall be included in the single occupational risk assessment document (DUERP)).
Accident at work
Teleworking is a form of implementation of the employment contract. The procedures to be carried out in case of accident at work are the same as for other employees of the company.
Work equipment
When teleworking is carried out at home, the employer must provide, install and maintain the equipment necessary for teleworking.
This obligation must be met if the electrical installations and workplaces comply.
If, exceptionally, the teleworker uses his or her own equipment, the employer shall adapt and maintain it.
Data protection
The employer has an obligation to protect of data used and processed by its employees, including the teleworker.
This obligation applies whether the teleworker uses the employer's equipment or his own equipment.
Information on the use of equipment
The employer informs the employee of any restrictions on the use of computer equipment or tools or electronic communication services.
The information must warn the user of sanctions in case of non-compliance with these restrictions.
Priority to access to a workstation without telework
The employer must give priority to the employee to occupy or resume a position without telework that corresponds to his professional qualifications and skills. He must also inform him of any position of this nature.
Control and regulation of the employee's workload
The workload, production standards and performance criteria required of the teleworker must be equivalent to those of comparable employees working on the premises.
Benchmarks identical to those used in the company are given to the teleworker.
Workload and lead times are assessed using the same methods as those used for works made on company premises. They must, in particular, enable the teleworker to comply with the rules relating to working hours and, in particular maximum working time and rest periods.
Annual maintenance
The employer must organize an annual interview that includes the employee's working conditions and workload.
This interview is separate from the evaluation interview and career path maintenance (EPP).
General rights
The teleworker is a company employee.
It therefore enjoys the same individual and collective rights as all employees, in particular:
- Rights to training
- Respect for privacy
- Occupational health and safety
- Access to company social activities, trade union information, social benefits (restaurant vouchers, holiday vouchers for example).
Right to training
Teleworking employees have the same right to training and career development opportunities as if they were not teleworking.
In addition, employees who work remotely on a regular basis receive appropriate training. It focuses on the technical equipment at its disposal and on the characteristics of this form of work organization.
Stopping teleworking
The employer and the employee may, by mutual agreement, agree to stop teleworking and organize the employee's return to the company's premises.
Special conditions for returning to the fulfillment of the contract without telework may be provided for by the collective agreement or the applicable charter in the company.
These special conditions may provide for the formalities for terminating telework without the agreement of the other party.
The teleworker has priority to occupy or resume a position without telework that corresponds to his professional qualifications and skills.
His employer must inform him of the availability of any position of this nature.
Accident at work
An accident at the place where telework is carried out while the teleworker is engaged in his professional activity shall be presumed to be a accident at work.
The teleworking employee has the same obligations as any other employee.
He must respect the instructions of the employer, the clauses provided in the collective agreement, the charter or the employment contract.
For example, they must respect the working hours or the conditions of use of the equipment provided by the employer.
As with any other employee, the employer can control his work.
Telework-related costs
The employer must bear the costs incurred by an employee in the context of the performance of his employment contract.
As such, it therefore covers the costs incurred by teleworking.
This can be done in one of the following ways:
- Reimbursement on the basis of the expenses actually incurred by the employee and justified (invoices supporting)
- Or a lump sum payment.
Transportation costs from home to work
Employees who use public passenger transport or public bicycle rental services to get to their workplace are covered by the employer.
Please note
Only subscription cards are supported by the employer. They can be annual, monthly or weekly.
Tickets purchased individually are not refundable.
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Administrative information by telephone - Allô Service Public
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