In brief
- Remote work is a form of work organization carried out outside the employer's premises, based on voluntariness.
- It relies on the use of information and communication technologies.
- Implementation can result from a collective agreement, an employer charter, or an individual agreement.
- The employer is obligated to provide, install, and maintain the necessary equipment at the employee's home.
- In companies with more than 50 employees, the social and economic committee (CSE) must be consulted beforehand.
Who can take the initiative
Any employee in the private sector can benefit from remote work, provided their position is suitable for it. The fundamental principle is voluntariness: the employee cannot be forced to switch to remote work, except in exceptional cases specified below. Conversely, the employer is not obliged to accept all requests but must adhere to certain rules in case of refusal.
Legal framework and implementation
Remote work can be established according to three main modalities, as indicated on the official service-public.fr sheet:
Frequency and places of work
The frequency of remote work is defined in the collective agreement or charter. Two types are distinguished:
- Regular remote work: It offers regularity in the schedule (for example, 1 to 2 days per week).
- Occasional remote work: It consists of working a few days or weeks per year remotely.
Regarding locations, the employee can work in all places defined by the collective agreement, the charter, or authorized by the employer. This includes:
- The employee's home.
- A telecenter or shared office.
- Any other location for employees who travel frequently.
Employer obligations
The employer has several strict obligations towards the employee working remotely:
Work equipment
When remote work is performed at home, the employer must provide, install, and maintain the necessary equipment. This obligation applies if the electrical installations and work locations are compliant. If the employee exceptionally uses their own equipment, the employer must ensure its adaptation and maintenance.
Data protection
The employer has an obligation to protect the data used and processed by their employees, including remote workers. This obligation applies regardless of the equipment used (the employer's or the employee's).
Information on equipment usage
The employer must inform the employee of any restrictions on the use of computer equipment or electronic communication services. This information must warn the user of the penalties in case of non-compliance with these restrictions.
Workload and annual review
The workload, production standards, and performance criteria required from the remote worker must be equivalent to those of comparable employees working on the company's premises. Identical benchmarks must be provided to the remote worker. The workload and deadlines for completion are evaluated using the same methods, allowing compliance with the rules regarding working hours (maximum duration and rest time).
Finally, the employer must organize an annual review regarding the employee's working conditions and workload. This review is distinct from the professional interview.
Priority for return
The employer must give priority to the employee to occupy or resume a position without remote work that corresponds to their qualifications and skills. They must also inform them of any such positions.
Refusal of remote work
Refusal by the employer
The employer can refuse remote work in certain cases:
- If a collective agreement or charter exists: The employer who refuses to grant remote work to an employee in a position that allows it must explain the reasons for their response.
- In the absence of a collective agreement or charter: The employer can explain their refusal but is not legally obligated to do so.
- Specific cases: When the request comes from a disabled worker or an employee caring for a child, parent, or relative, the employer must explain the reasons for their refusal.
Refusal by the employee
The employee can refuse to switch to remote work. This refusal is not a reason for termination of the employment contract. The employee remains protected against dismissal or sanctions based solely on this refusal.
Consultation of the CSE
In companies with more than 50 employees, the social and economic committee (CSE), when it exists, must be consulted before implementing remote work. This consultation is a mandatory preliminary step for the concerned structures.
Necessary documents
To formalize remote work, the following documents may be required depending on the context:
- Collective agreement or remote work charter (framework document).
- Amendment to the employment contract or specific clause (for individual agreements).
- Declaration of compliance of electrical installations (if required for the installation of equipment at home).
Cost
No specific cost is mentioned for the administrative process itself. However, the employer bears the costs related to providing, installing, and maintaining work equipment, as well as its adaptation if the employee uses their own equipment.
Deadlines
The implementation deadlines depend on the chosen procedure:
- For a collective agreement or charter, the deadline includes consulting the CSE (if applicable) and disseminating information to employees.
- For an individual agreement, implementation is effective upon signing the amendment or written agreement between the parties.
Pitfalls to avoid
- Lack of written documentation: Although the individual agreement can be concluded "by any means," the absence of written evidence exposes parties to disputes over the implementation conditions. It is strongly recommended to formalize the agreement in writing.
- Non-compliance with schedules: The employer must define contact time slots. The remote employee must be able to respect their rest times; any solicitation outside these slots could be contested.
- Confusion between personal and professional equipment: If the employee uses their own equipment, they must ensure that the employer covers the adaptation and maintenance, in accordance with the law.
Official source
Service-public.fr sheet: Remote work in the private sector
The information contained in this guide is extracted exclusively from the official sheet updated on February 28, 2025, by the Directorate of Legal and Administrative Information (Prime Minister).
