Social right. Can an employee telework at the end of his paid vacation from his resort? The answer to this question, which may arise at the start of the summer period and the school holidays, is not simply binary: yes – no.
As we know, teleworking can be set up by collective agreement or, failing that, within the framework of a charter drawn up by the employer after consulting the social and economic committee (CSE), or, in the absence of collective agreement or charter, by direct agreement between the employee and the employer.
These documents can provide for remote work by “nomadic” employees who can collaborate, with the appropriate means, by setting up in a coworking space located outside the company. In this case, the employee must join such a space from his last day of leave, unless he is exposed to disciplinary sanctions.
The agreement, charter or amendment to the employment contract may also provide for teleworking to take place at the employee’s home. Such a “domicile clause” must, having regard to the fundamental right of the freedom to choose one’s domicile, be proportionate and essential to the protection of the legal interests of the company, or justified by reason of the post occupied and the work. required.
Nothing a priori prohibits the employee from teleworking from a place other than his usual and main domicile. The employer can only impose “habitual domicile” if he justifies such a legitimate reason. He may invoke the need to be able to return to the workplace quickly in an emergency, to be available when necessary, for example in the event of leave for other employees.
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But other rules may, where appropriate, expose the employee to disciplinary sanctions. First of all, it is clear that the extended stay at the resort cannot encroach, unless expressly authorized by the employer, on a day defined as having to be a working day in “Face-to-face”, ” on the site “.
The agreement, charter or contract may also provide for an obligation on the part of the employee to indicate to his employer one, or even several places of work: the continuation of work at the place of vacation is then not possible if that – this is not designated beforehand.
If the founding document of the organization of teleworking or an accompanying act does not provide for any such obligation and / or does not define a place of teleworking, resuming its teleworking activity at the place of vacation is possible, while respecting technical normative constraints.
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