Courier du travail: “My company has stopped teleworking with us, what should I do?”

Giulia’s question

Hi Stefania,

Shortly after Covid, our company implemented teleworking 1 day a week. But since the start of the school year, it has been taken away from us, almost overnight… I have loved having this little bubble of flexibility in the middle of the week, what can I do?

Julia

The response from our HR director

Dear Giulia,

Your company has suddenly stopped working from home. My advice: go fast and far! Very effective in forgetting a toxic boss! No, I have better: arriving every morning an hour late, in pajamas – but yes, that’s the game of public transport! Or your computer has been stolen 3 or 4 times on the way home/to work, that should calm you down…

More seriously! As is often the case, the answer is: it depends!

In fact, everything depends on how teleworking was established. The more legally structured the appeal, the less freedom the employer has to terminate it without consulting the employees (and obtaining their consent).

Finally, three scenarios are possible:

Negotiated agreement or statute : if the TT (let’s call it by its nickname, eh) was established through a collective agreement or a charter, the rules are generally specified in the document: number of days of teleworking, categories of employees concerned, or even professions entitled. This document must also contain a reversibility clause, which specifies the conditions that allow a return to this organization.

Contractual agreement : when the TT is integrated into the employment contract, it is in principle formalized. The terms of implementation and withdrawal are therefore clearly defined.

In these first two cases, if the employer respects the formality of the reversibility clause, then he can personally impose the return, Refusing to return to the office may expose you to disciplinary action up to and including dismissal..

Informal setup : if the TT has been established by a simple exchange of emails or even verbally without further clarification, the employer, depending on the duration of this arrangement, generally cannot terminate it without the agreement of the employees concerned. In other words, employees have the right to refuse to no longer use teleworking without this refusal constituting a fault.

This is for the purely legal aspect. Now, to make communication Sometimes often miracles, I recommend you raise the topic directly with your employer.

His decision is already clear: is it a response to a problem encountered, to a need of the company, perhaps a lack of trust or even a lack of skills to manage teleworking?
Depending on the context of this decision, you will surely have arguments to negotiate, argue or reassure!

Come on, good luck to you!