Remote Working Legislation, Laws & Regulations in France

Laws, regulations and legal information related to working from home and remote work

  1. Is there any legislation relating to working from home in your country?
  2. How can working from home be implemented in a company, e.g. through collective bargaining agreements, unilateral decision, or employment contracts?
  3. Can an employer force an employee to work from home?
  4. Can an employee force an employer to allow him to work remotely?
  5. Does an employer have to provide the employee with office equipment and supplies for remote working?
  6. Does a company have to reimburse an employee for expenses while working from home?
  7. Does an employer have to grant an employee a specific work-from-home allowance? If so, under what conditions can an employer not pay such an allowance?
  8. Is an employer responsible for ensuring proper working conditions from a health and safety perspective for employees who are working remotely?
  9. Are there any other specific obligations for the employer?
  10. Does an employee need to be insured to work from home?
  11. Is an employee working from home protected by legislation for work-related accidents and illnesses?
  12. Is the employer permitted to charge employee claims for “working-from-home cost reimbursements” against his/her saved expenses (saved expenses could include the employee’s reduced costs for transportation, gasoline, lunches in restaurants and dry-cleaning charge)?
  13. Are there any other specific obligations on the employee?
  14. Have there been any legislative changes, or updates to immigration rules, designed to encourage short-term remote working in your country (compared to the rules normally found in other countries)?
  15. Any other comments?

1. Is there any legislation relating to working from home in your country?

Yes. Since 2017, work from home is regulated by the Labour Code (Articles 1222-9 et seq.).  

Furthermore, we also refer to case law and to national muti-industry agreements from 2005 and 2020 (so-called ANI agreements) to resolve practical questions. The collective bargaining agreement applicable to the industry sector of the company may also provide for specific provisions. 

2. How can working from home be implemented in a company, e.g. through collective bargaining agreements, unilateral decision, or employment contracts?

Work from home is flexible. It can be implemented by a company-level agreement concluded with trade unions or by a policy unilaterally issued by the employers and subject to the opinion of the works council (if any). 

In the absence of a company agreement or policy, it is also possible to conclude an individual agreement with the concerned employee. This agreement can be formalized by any means.

However, in any case, it is highly recommended to set terms and conditions in writing to clearly define the parties' obligations. This is confirmed by the ANI agreement of 2020, which specifies that this represents a vehicle to establish the proof of the agreement of the parties and to inform the employee of the conditions of implementation of the WFH (modalities of report and liaison with the company, workload, work equipment, insurance, expenses, etc).

3. Can an employer force an employee to work from home?

In principle, work from home must be done on a voluntary basis. Therefore, the employer cannot terminate the employment contract if the employee refuses to work from home. 

However, in case of exceptional circumstances, such as a pandemic, work from home can be imposed as a necessary measure for the continuity of business and the protection of employees' health and safety (Article L. 1222-11 of the Labour Code). 

4. Can an employee force an employer to allow him to work remotely?

No, the employer must accept the request of the employee to work from home. Work from home is based on a principle of double voluntariness (except in the exceptional circumstances mentioned above) so that no party can impose work from home on the other.

However, WFH has become a right since 2017. As a result, when an employee asks to work from home, the employer's refusal must be justified by objective grounds (Article L. 1222-9 of the Labour Code): technical impossibility, disorganisation of business, etc. 

5. Does an employer have to provide the employee with office equipment and supplies for remote working?

Work equipment may be the property of the employee or be made available by the company. 

However, when work from home is imposed by the employer, it must provide the employee with the necessary tools.

6. Does a company have to reimburse an employee for expenses while working from home?

In its Q/A issued during Covid-19 lockdown, the Government provided that:

  1. The employer is only responsible for the costs incurred by the employee while he/she works from home if the company agreement or the policy provides for this obligation. 
  2. The employee's usual catering rights are maintained (e.g. the lunch meal).

However, in our opinion, this position might be challenged because according to the 2005 national agreement and case law the employer must reimburse the employee with any and all expenses incurred during WFH (Supreme Court, 25 February 1998, n°95-44.096).

This is confirmed by the ANI agreement of 2020, which states that: "The principle that expenses incurred by an employee for the performance of his employment contract must be borne by the employer applies to all work situations. As such, it is the responsibility of the company to cover the expenses incurred by the employee for the needs of his professional activity and in the interest of the company, after validation by the employer”.

In any case, the expenses can be reimbursed upon presentation of receipts or as a lump-sum to the employee, within a limit of €.10,40 per month for an employee working from home once a week and then up to €.52  per month (and in case of a fixed allowance per day: 2.60 € per day of remote work, up to 57.20 € per month).

7. Does an employer have to grant an employee a specific work-from-home allowance? If so, under what conditions can an employer not pay such an allowance?

Case law considers that the employee must benefit from an "occupancy allowance" when the company does not have premises where the employee can work and therefore the employee is de facto obliged to work from home (Supreme Court, 8 November 2017, n°12-19.667). 

This WFH allowance should be limited to this specific situation. When WFH is optional and voluntary (as it is in most cases), this extra indemnity is not due. (Only reimbursement of expenses is due).

8. Is an employer responsible for ensuring proper working conditions from a health and safety perspective for employees who are working remotely?

The employer is also subject to a duty of care regarding the employee's  health and safety while working from home. 

In this context, the employer must ensure that the employee's home workspace and equipment are appropriate to safely perform all duties. 

Furthermore, the employer must prevent employee isolation, control workloads and ensure a balance between the worker's private and professional lives (Articles 6 and 9 of the 2005 ANI). 

To do so, the Labour Code notably provides for the obligations (i) to meet at least once a year to discuss the workload and working conditions and (ii) to set down the times of day when the employee can be contacted (Article L. 1222-10). 

9. Are there any other specific obligations for the employer?

The employee working from home has the same rights as an employee working in the company's premises, notably in terms of collective rights.

10. Does an employee need to be insured to work from home?

Yes, the employee must be covered by insurance for his/her professional activity, as well as for the material and equipment made available by the company.

Yes, the employee benefits from the specific regulation applicable to work-related accidents and illnesses (Article L. 1222-9 of the Labour) if an accident occur while working from home.

12. Is the employer permitted to charge employee claims for “working-from-home cost reimbursements” against his/her saved expenses (saved expenses could include the employee’s reduced costs for transportation, gasoline, lunches in restaurants and dry-cleaning charge)?

No.

13. Are there any other specific obligations on the employee?

N/A

14. Have there been any legislative changes, or updates to immigration rules, designed to encourage short-term remote working in your country (compared to the rules normally found in other countries)?

No, there have not been any legislative changes recently; however, we remain vigilant and continue to closely monitor developments in this area.

15. Any other comments?

A national muti-industry agreement (ANI) was adopted on November 26, 2020. It is essentially non-binding and does not provide for any new obligations for companies. It contains provisions on regular work from home and in case of exceptional circumstances.

In a press release, the Ministry of Labor indicates that the ANI allows "completing and clarifying the applicable rules, both regarding regular remote work and in times of crisis". It also states that: "This text will make it possible to encourage the dynamics of branch and company negotiations on work from home, by giving a clear framework on the modalities of its implementation and on the way to negotiate on this subject in companies and in the professional branches”.

Among other points, it should be noted that the ANI considers new issues not previously addressed by the 2005 ANI and the Labour Code, such as adapting managerial practices to work from home, upskilling managers, maintaining social links, preventing isolation, taking into account particular situations such as family carers or employees in fragile situations, etc.

In addition, one chapter is entirely devoted to the implementation of work from home in exceptional situations such as a pandemic, with anticipation measures for the continuity of activity, the possible consultation of the Works Council afterwards, the information of employees, the material organization...

It should be noted that this ANI agreement has been mandatory for all employers and all employees since 2021.