Distinction between occasional and regular remote working
The former convention of 2006 only applied to regular remote working, excluding the occasional.
The new convention defines occasional teleworking as “remote working carried out to deal with unforeseen events or when remote working represents less than ten percent on average of the home-based worker's normal annual working time”. Remote working is to be considered as regular in other cases.
Remote working should be voluntary and based on a common agreement
Remote working should be based on a common agreement between the employee and the employer.
When the remote working is occasional, the employer should provide the authorised employees with a written confirmation. If the remote working is done on a regular basis, certain points should be defined between the two parties, such as:
The place chosen for remote working;
The hours and days of the week in which the remote working is performed;
The possible compensation of benefits lost and not linked to the presence at the office.
The principle of equal treatment
The offsite and the onsite workers should be treated equally, particularly in terms of:
access and promotion conditions;
access to company’s information;
conditions of professional training and work-life balance.
Concerning the equipment and materials, the employer should provide the necessary means to work remotely, covering its costs such as the ones related to communication fees, for example. It could be a monthly allowance to be determined in writing between the parties.
The return to the classical way of working
The employer or the employee should be able to request a return to the classical work modality at any given time.
When the remote working happens regularly, the return to the onsite work modality should be established in a written common agreement.
The agreements with France, Belgium and Germany concerning the maximum days of home-based working have been extended until 31 December 2020.
The right to disconnection will be studied and discussed during the first quarter of 2021 by the Chambre des Députés in order to address the new challenges caused by remote working.
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