Home worker

Definition of homeworker

The homeworker:

• Does work for a COMPANY and not for its own customers
• Carry out this work at home or in premises owned or rented by him
• Benefits from a flat-rate remuneration fixed in advance for the work he was asked to do
• Use of limited aid for carrying out this work.

The homeworker has a contract of employment that binds him to his employer.

The homeworker can work with the help of his or her spouse, partner or Civil partnerships: titleContent, the person with whom he or she is in a common-law relationship or his or her dependent children.

They can also get help from only one other person called auxiliary.

Distinction with other workers

Teleworking

The employee in teleworking is not a homeworker. Indeed, teleworking is a way of organizing work set up in the company.

Self-employed

The worker independent is not a homeworker. He has his own clientele and works on his own behalf.

Employee of the individual employer

The employee of the individual employer is not a homeworker.

Posting obligations

The employer must display the following information in the company:

• Time for completion of work at home
• Clothing prices or applicable wages
• Workshop costs and ancillary costs.

Preparation of a bulletin or workbook

When an employer uses a home worker, he must draw up a report card or a booklet.

Some information is included on this newsletter or notebook at the handover of works to do at home.

Other entries are made on this bulletin or this booklet when delivery of work by the employee.

A copy of this bulletin or booklet shall be kept 5 years by the employer.

Information to be included when handing over work to be done at home

At the time of delivery of the work, the employer must draw up at least two copies of a bulletin or a booklet.

One copy is given to the worker and the other is kept by the company.

When handing over and delivering the work, the booklet or bulletin must include the following information:

• Contact details of the employer (client)
• Reference of the bodies to which the client pays social security contributions
• The registration number under which these contributions are paid
• Registration number at company formalities window
• Nature, quantity of work, date it is given, time of completion, applicable wages
• Nature and value of supplies, workshop costs and accessories imposed on the worker
• Date of delivery of the work.

The information relating to each work is given under a serial number. It must appear on all copies of the bulletin or booklet.

Information to be included when the work is delivered

When the work is delivered, the report card or booklet must contain the following information:

• Delivery Date
• Amount of basic salary, any increases (overtime), paid leave allowance, compensation for holidays or family events, gross and net remuneration.

Keeping of a special account

The employer must keep separate accounts of raw materials and supplies for the home worker.

The records of the accounts shall be kept at the disposal of the labor inspectorate.

Volume of work given by the employer

The employer is not obliged to provide a constant volume of work to the homeworker. A collective agreement or the employment contract may provide for it.

However, the employer cannot make lasting changes without justifying the amount of work entrusted and the remuneration of the homeworker. For example, the employer cannot suspend work for several months.

Remuneration

The remuneration of the home worker is a flat rate. It is equal to the product of the hourly wage by the realization times.

Salaries and completion times are set by the collective agreement or by prefectural or ministerial decree.

The hourly wage may not be less than Smic: titleContent, or €9.74 net.

Workshop and ancillary costs

The home worker's salary is supplemented by workshop costs (rent, heating, lighting of the work space in particular) and ancillary costs.

These costs may be provided for by the applicable collective agreement or by prefectural decree.

In the absence of a collective agreement and a prefectural decree, the workshop costs and ancillary costs are fixed by mutual agreement between the parties.

Overtime pay increase

If the homeworker has to work more than 8 hours of work per business day to meet the delivery deadlines requested, his salary (excluding workshop and ancillary costs) is increased by:

• 25% for the 9^e and 10^e hours,
• 50% from 11^e hour.

The applicable collective agreement or agreement may provide for higher mark-up rates.

Increase in pay for work on Sundays and public holidays

The remuneration of the homeworker is increased when he is obliged to work on a Sunday or a public holiday to meet the delivery deadlines set by his employer.

The amount of the surcharge shall be determined by the applicable collective agreement or agreement.

Increase in salary for paid leave

A home worker shall receive an allowance equal to 10% of his gross salary.