TELEWORK. Announcing a reconfinement during his speech Wednesday, 28 October, Emmanuel Macron has, in fact, given the telework on the rails. Jean Castex and Elizabeth Terminal have clarified this Thursday, the health protocol a company has been amended…
Summary Telework in the act Telework in the protocol Covid Telework widespread Telework mandatory Denial of a request for telework Telework is imposed by the employer Teleworking in the public service
telework is expected to be boosted in the coming days in France. A reconfinement was announced by Emmanuel Macron on Wednesday, October 28, in a speech, delivered from the Elysee to 20 hours. The head of State said that the country would again be patched from this Friday, for a minimum period of one month, until 1 December. If this containment has been described as more flexible, telecommuting should again be imposed in the companies, as in the month of march last.
Prime minister Jean Castex has revealed details on the new containment on Thursday, during a press conference at the end of the day, surrounded by several ministers including the minister of Labour Elizabeth Terminal. For the latter, telecommuting “is not an option” in the current context of a resurgence of the epidemic. On the contrary it is a “duty” for those who can, in practice, to exercise their business at a distance. “This obligation will be included in the new version of the national protocol in business”, said the former minister in charge of the Environment.
That said the latest version of the protocol Covid in the company on telework ?
The protocol put in place to assist companies in the fight against the coronavirus is published on the website of the ministry of Labour for several months. The latter was updated at the time of the déconfinement in may, and then on 16 October, with the implementation of the curfew in certain areas and finally the 29th of October, on the eve of the reconfinement. It states that since “telework is a form of business organization which actively participates in the prevention of risk of infection with the SARS-CoV-2 and allows to limit the social interactions in the vicinity of places of work and on the commute to and from work”. “In the current exceptional circumstances, related to the threat of the epidemic, it should be the rule for all of the activities that allow that. In this framework, the time worked telecommuting is increased to 100% for employees who can perform all of their tasks at a distance”, one can read in the document.
“In other cases, the organisation of work to reduce the home-work trips and to accommodate the time of presence in the company for the execution of tasks which cannot be performed in teleworking, to reduce social interactions”, it is written. In the case of telework, the employer must establish the “rules applicable in the framework of the social dialogue at the grassroots, ensuring the maintenance of links in the collective work and the prevention of risks related to the isolation of employees in teleworking”. In the contrary case, they should organize “a systematic smoothing of the schedule of departure and arrival of the employee in order to limit the influx at peak hours”.
telework is-it really became mandatory ?
telecommuting is there really a requirement for businesses now ? Formally, this is not the case. Neither the act nor the labour Code should be changed as such, only the national protocol obliges employers. The framework is, however, very strict. Elisabeth Merely referred to Thursday, October 29 three cases of figure is taken into account during this confinement. In the first, the employee who is able to work remotely will have to opt for telework “5 days on 5”. For “those that can’t perform all their tasks at a distance”, it will be possible to travel to the place of work occasionally. The minister of Labour has cited the case of”a bureau of studies, an engineer, a technician or an architect who has need of specific equipment for work.” These activities “on site” should be grouped “to limit travel”. In the third case finally, the presence in the workplace is essential. It is of the “trades which cannot be carried out at a distance”, as the traders (remaining open), the employees of the CONSTRUCTION industry, the farmers, or “all the stakeholders in the home”.
It is unlikely to see the emergence of more binding rules. It seems difficult indeed for the State to interfere in work contracts. In the 20 hours of TF1 recently, the option of a legal obligation was clearly rejected by Carole Vercheyre-Grard, lawyer specialist in labour law, which equated to a “violation of the freedom to undertake”. “We might have lifted the shields of the companies, and they would be right : it should not be cut off from the reality of the practice of trades, which often may not be exercised at a distance”, continued the specialist. However, for the protocol in the company will have a “significant force,” said Elisabeth Terminal on France Info on Tuesday, October 27. In the absence of express obligation, telework will become “quasi-mandatory” where it can technically be put in place.
telework of the departmental councils, regional…
