the “quiche lorraine” effect or cropped availability

Social right. With the return to a more normal life, the organization of “hybrid work” is advancing and many companies are renegotiating their teleworking agreement. Decisive negotiation: adopted cold, these rules which also impact the family ecosystem will be difficult to question tomorrow. With two different, even opposing, approaches.

The Copernican revolution: ” Open-work is the employee who chooses his place of personal life, and the company which adapts to this choice “(General mutual). The agreement is then open-ended, with regular teleworking up to three days a week or even two days a month at the employee’s choice: a popular opportunity. Given the ratchet effect of these advantages, it is necessary to be certain of the motivation of the troops, but this approach is decisive in terms of attracting and retaining the best.

Fixed working hours

Managers are less enthusiastic. Their mantra: “ Did you like the 35 hours mess? You’ll love the telecommuting chaos! »Given their certainty of a very individualized management (eg: teleworking per half-day), and the uncertainties on the effects of this organizational revolution, the tendency is rather towards prudence, even to a reversal. In short, a general resynchronization following the inertia observed for the return to the office, thinking of colleagues on site not managing to reach employees sometimes confusing telework and part-time.

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The second approach therefore results, here, in an experimental agreement, for a fixed period, two days maximum per week, or even an annual flat rate according to the activity of the company, with an evaluation every quarter, a large individual reversibility and a novelty: the distinction between ” working hours and, within these, the “Reachability ranges “. Because at home, the temptations are numerous and above all very varied: the working day is certainly lengthened (one hour), but the schedules have sometimes become atypical, disrupting the organization of collective work.

Explicit disciplinary sanctions

While the more or less forced teleworking of 2020-2021 had led many employers to show a lot of understanding, some agreements now provide for explicit disciplinary sanctions. That of Club Med, signed on September 16, 2021, provides thatin consultation with the employee, the manager sets the time slots during which he can contact him. During these periods, the employee will be under the subordination of the employer and will not be able to go about his personal occupations.. “ Problem: apart from the a contrario effect, in law how could the employer verify it?

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