What is teleworking? A closer look at this new way of organising work for employees

Everyone talks about teleworking, but do you know exactly what it means?

Introduced into the French Labour Codein 2012, it has grown rapidly in recent years, finally exploding in 2020 with the Covid-19 pandemic: it is now common practice. Teleworking has become the only way to continue working while protecting employees from the epidemic.

What is the definition of teleworking? Who is entitled to telework, and what are the advantages and disadvantages of this form of organisation? Is it compulsory to telework in 2021? Let's find out!

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What is teleworking? Definition

In Article L-1222-9, the French Labour Code defines teleworking as :

any form of work organisation in which work that could have been carried out on the employer's premises is carried out by an employee away from these premises on a regular and voluntary basis using information and communication technologies within the framework of an employment contract or an amendment thereto.on using information and communication technologies under an employment contract or an amendment thereto.

Code du travail

Teleworking therefore refers to an employee working from a location other than his or her company's premises. It is not a right, but must be agreed between the company and the employee.

Teleworking can be introduced into a company either through :

• a company agreement
• a telework charter drawn up jointly with the works council,
• an amendment to the employment contract,
• an agreement between the company and the employee via any medium.

It can take different forms:

• full remote, i.e. the job is 100% teleworked,
• a certain number of days per week are teleworked,
• flexible, with alternating periods of teleworking on a full-time or mixed basis, or totally within the company,
• more recently, teleworking has been imposed on all posts that could do so, due to health conditions.

👆 Please note: teleworking is distinct from nomadic working, which refers to work carried out outside the company at clients' premises, such as consulting firms, for example.

Who is entitled to telework?

Any profession whose work can be carried out from home using new technologies, without interfering with the normal running of the business, is eligible to telework.

Teleworking is generally well suited to highly digitalised service sector jobs, whether in the private or public sector: developers, web editors, digital marketing, UX designers, graphic designers, accountants, HR professionals, etc.

This corresponds to 4 out of 10 jobs, or around 8 million positions (according to the Ministry of Labour).

In addition to the 'teleworkable' nature of the job, it is also essential that the company agrees, and that both parties agree on the terms and conditions. However, if the employer refuses, he must give a reason.

💡 Please note: except in exceptional circumstances, it is not advisable to offer teleworking for work experience or apprenticeship contracts, as this hinders the opportunity to discover the overall workings of a company.

Teleworking: advantages and disadvantages

Advantages

✅ Here are some of the advantages of teleworking.

For the employer :

• savings by switching to desk sharing or flex office
• Reduced absenteeism and lateness,
• increased productivity, with 86% of teleworkers claiming to be more productive than in the workplace (according to an analysis by Obergo on the impact of teleworking in 2018),
• Removal of recruitment constraints, mainly geographical. Teleworking makes it possible to recruit profiles from different regions or countries, and even makes it easier to recruit a disabled worker who can work from home.
• Improving the employer brand, as teleworking is a sign of trust and attractiveness, particularly among the younger generation,

For the employee :

• Saving time and money by eliminating the commute to the office (according to an IPSOS study, this represents around 80 minutes extra free time per day, and €124 extra purchasing power per month),
• mobility: if the health context and the company allow, it is possible to work from a location other than home,
• improved concentration because you no longer have to deal with the sometimes noisy open-space environment,
• less stress and fatigue, mainly due to the elimination of commuting and the extra sleep time, and sometimes also due to the distance from a stressful work environment,
• more autonomy in organising your schedule and working hours, enabling you to better reconcile your professional and personal lives,
• greater well-being thanks to better conditions and a balance between professional and personal life.

💡 On a more macro level, teleworking helps to revitalise the local area, reduce the carbon footprint and ease traffic congestion.

Disadvantages

❌ Here are some of the disadvantages and risks of teleworking.

For the company:

• increased cybersecurity risks,
• lack of visibility and control, which can lead to abuse or increased surveillance,
• difficulties in communicating with employees,
• sometimes significant investment in tools.

For employees :

• Ill-adapted workstations that damage health,
• a working environment that is not conducive to concentration (animals, family, work, etc.),
• risk of isolation and lack of contact,
• weakening of the boundary between professional and private life when teleworking is carried out from home.

💡 Teleworking is not in itself a good or bad thing. The conditions under which it is set up and organised will either favour the advantages or the disadvantages. As Bertrand Duperrin says in his article XXXX:

Teleworking does not in itself create new problems, but it does highlight all the dysfunctions of the office. Distance reveals an organisation's weaknesses.

Tips for successfully introducing teleworking

Implementing teleworking in your company is a real business project, and one that must not be neglected if it is to succeed.

If, like many companies, you had to introduce teleworking overnight during the economic crisis, it's never too late to put things right and install a more sustainable form of teleworking that promotes well-being and productivity.

Here are a few tips:

• Formalise the teleworking arrangements in writing with your employees,
• take inspiration from our best practices on teleworking,
• make sure you take into account the well-being of your teleworking employees,
• and equip yourself with the right teleworking tools.

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New law on teleworking: Covid-19-related measures

The arrival of the Covid-19 pandemic is one of the cases of force majeure or exceptional circumstances set out in article L.1222-11 of the French Labour Code. In the current situation, teleworking can therefore be imposed by the employer on the employee without his or her prior agreement, as this ensures continuity of activity while guaranteeing the protection of all. Once again, this applies if the position and tasks allow.

In addition, the health protocol is regularly updated as the situation evolves.

The situation in 2021 is as follows:

• full teleworking is the rule, and must be applied whenever the job can be teleworked,
• if only part of the job is teleworkable, telework may be partial,
• since 7 January 2021, employees have had the right to ask to return to the office for 1 day a week (with the employer's agreement),
• action plans must be proposed and implemented in companies in the areas most at risk.

Don't hesitate to keep up to date with changes in legislation and government recommendations, to ensure that your company is well managed while protecting your employees.

And what about you? What have you put in place for teleworking? How often does your company do it?