Telework: towards administrative fines for recalcitrant companies


The government wants to impose administrative fines on companies that are reluctant to set up teleworking, Minister of Labor Elisabeth Borne announced to the social partners.

The government wants to impose administrative fines on businesses that are reluctant to set up teleworking, Labor Minister Elisabeth Borne announced to the social partners during a videoconference on Tuesday. “The minister announced to the social partners that she wished to propose an amendment to the bill to put in place more dissuasive and faster sanctions (of an administrative nature)”, the minister’s office informed after the meeting. the meeting. “Administrative fines for recalcitrant companies will be introduced by amendment into the bill” which will transform the health pass into a vaccination pass, reported Michel Beaugas, Confederal Secretary for the Force Ouvrière.

“When companies do not play the game, today, it involves penal sanctions. It is long and, to simplify this, administrative sanctions will be proposed. The idea is to put it in place for companies which do not really play the teleworking game, not when there is a disagreement on a particular function in a service “, added Cyril Chabanier, president of the CFTC. “The feedback from the Labor Inspectorate shows that some companies remain resistant” to the implementation of telework as provided for in the national company protocol (PNE), underlined the ministry.

An “obligation of teleworking 3 days a week on average”

A new version of it will be published by Thursday, including an “obligation to telework 3 days per week on average for positions which allow it, for three weeks, from January 3,” as the Prime Minister Jean Castex announced on Monday. In addition, “companies that can go further are asked to increase teleworking to 4 days a week when possible,” the ministry said.

As the ministry has emphasized on several occasions, this “obligation” stems from the need for the employer to ensure the health of its employees, enshrined in the labor code, even if its concrete translation in each company is the responsibility of the directorates. companies, if possible within the framework of social dialogue. The CGT-TEFP, the first union of labor inspection officers, has long called for a tightening of the legal framework concerning teleworking, denouncing the weakness of the penalties incurred and the lack of staff to control companies. The minister did not specify what the amount of the fines could be, this question being arbitrated.

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