Telework: towards administrative fines for recalcitrant companies?

Announced yesterday by the Prime Minister amid a new round of measures to counter the current epidemic wave, the obligation of telework “at least three days a week”, was discussed today by the Minister of Labor with the social partners. During a videoconference, Elisabeth Borne told them that she wanted “put in place more dissuasive and faster sanctions”, to encourage compliance with this new obligation.

“Feedback from the labor inspectorate”, notes the ministry, “show that some companies remain resistant to the implementation of telework as provided for in the national company protocol (PNE)”. The procedure applied so far, and which involved criminal penalties, is considered too long, and will now give way to “administrative fines”, a faster sanction, for more efficiency.

For Cyril Chabanier, the president of the CFTC who participated in the meeting with the Minister of Labor, “the idea is to put it in place for companies that do not really play the telecommuting game, not when there is a disagreement on a particular function in a department”. As of January 3 and for three weeks, the new version of the PNE will include the obligation of three days of teleworking per week for positions that allow it, and even four “when possible”.

The ministry has also specified on several occasions that this obligation falls under the employer’s duty to ensure the health of its employees, enshrined in the labor code. The labor inspection unions have expressed satisfaction with the tightening of the legal framework, which they have long demanded. However, the amount of the fines was not specified, pending arbitration, even if Baptiste Talbot (CGT) noted that the ministry had referred “to one to an amount of 2,000 euros per employee, by similarity with other types of infringement”.

Last crucial point evoked by Elisabeth Borne during the consultation, the wish of the government, of which “the priority remains vaccination”, of “allow occupational physicians to have access to the list of non-vaccinated persons in their area”.