Telework: the government (again) toughens the tone

“From next Monday, for a period of three weeks, recourse to teleworking will be made compulsory, I mean compulsory, for all companies and for all employees for whom it is possible”, announced the Prime Minister, Jean Castex, this Monday, December 27 during the press conference held at the end of the health defense council. And this, three days a week, or even four for trades that allow it. The Ministry of Labor received, this Tuesday at the end of the morning, the trade unions and employers to discuss this new rule, with the objective of publishing a new version of the health protocol in companies this Thursday, for an application Monday, January 3.

The Minister of Labor, Élisabeth Borne, had already prepared the spirits just before Christmas. Wednesday, December 22, on Europe 1, she had indeed called on companies to “accelerate” the use of teleworking in the face of Covid-19, asking them to prepare “from now” to “strengthen” it at the start of the school year, with a target three to four days a week. But this was only a strong recommendation at the time. Faced with the outbreak of the epidemic, the executive has therefore chosen to return to an “obligation”.

Soon heavier sanctions against refractory employers?

Note that in reality, the corporate health protocol is not a legal text, so it has no binding value, but only a recommendation. When it speaks of “obligation” to resort to remote work, the government is in fact based on its interpretation of the labor code. The latter “obliges the employer to protect the health of its employees. The concrete translation is the rules that are in the health protocol in the company”, explained Élisabeth Borne on March 30.

Moreover, “concerning the application of the protocol, the feedback from the labor inspectorate shows that some companies remain resistant”, notes the entourage of the Minister of Labor. During the meeting with the social partners on Tuesday, Élisabeth Borne announced to the social partners that she wanted to propose an amendment to the draft law on the vaccine pass “to put in place more dissuasive and faster sanctions (of an administrative nature). ) “against companies that do not respect the protocol, said the cabinet of the rue de Grenelle, without giving further details.

As a reminder, currently, the company health protocol provides that “employers set, within the framework of local social dialogue, the methods of recourse” to telework, adding that “in the context of epidemic recovery, the target must be two to three days “per week.

This strengthening of teleworking will also apply in the public service. “From January 3, for three weeks, we make teleworking in the civil service compulsory three days a week. I also invite public officials to telework four days a week if they can. example, I will be very vigilant! “, tweeted the Minister of Transformation and Public Service, Amélie de Monthchalin, on Monday.