French Labour Code
In forceI.-Without prejudice to the application, where applicable, of the provisions of this code protecting homeworkers, telework refers to any form of work organisation in which work that could also have been carried out on the employer's premises is carried out by an employee away from these premises on a voluntary basis using information and communication technologies.
A teleworker within the meaning of this section is any employee of the company who carries out telework as defined in the first paragraph of this I, either on recruitment or subsequently.
Telework is implemented within the framework of a collective agreement or, failing that, within the framework of a charter drawn up by the employer after consulting the social and economic committee, if there is one.
In the absence of a collective agreement or charter, when the employee and the employer agree to use telework, they formalise their agreement by any means. When the request to use telework is made by a disabled worker mentioned in article L. 5212-13 or an employee caring for a child, a parent or a close relative, the employer shall give reasons, where appropriate, for its decision to refuse.
II. -The applicable collective agreement or, failing that, the charter drawn up by the employer specifies:
1° The conditions for switching to telework, in particular in the event of a pollution episode as referred to inarticle L. 223-1 of the Environment Code, and the conditions for returning to performance of the employment contract without telework;
2° The procedures for acceptance by the employee of the conditions for implementing telework;
3° The procedures for monitoring working time or regulating the workload;
4° Determination of the time slots during which the employer may normally contact the teleworking employee;
5° The arrangements for disabled workers to have access to a telework organisation, in application of the measures provided for in Article L. 5213-6;
6° Arrangements for pregnant employees to have access to a telework organisation;
7° Arrangements for employees helping a child, parent or relative to have access to a telework organisation.
III.-Teleworkers have the same rights as employees who work on the company's premises.
If an employer refuses to grant the benefit of telework to an employee who occupies a position eligible for a telework organisation under the conditions provided for by a collective agreement or, failing that, by the charter, the employer must give the reasons for its decision.
Refusal to accept a position as a teleworker is not grounds for termination of the employment contract.
An accident occurring at the place where the telework is carried out during the teleworker's professional activity is presumed to be an accident at work within the meaning ofarticle L. 411-1 of the Social Security Code.
