The National Assembly adopted June 9, 2009, on first reading a text on teleworking should be debated in the Senate in October 2009. For
first time the Labour Code will comprise, when the legislation is finally adopted, elements on telework, subject hitherto totally ignored in this code.
This bill features: •
over form: it is very short and is only part of a more general law "to facilitate the maintenance and creation of jobs" (3 articles 13). MPs to visibly telework is not a revolution ...
• on the merits: it contains the outline of the national agreement on telework (ANI telecommuting) signed by the social partners July 19, 2005. It is also considering a diffusion of telework in government, but without defining the terms.
This law will finally give an indisputable legal status of teleworking to reassure businesses and employees wishing to introduce this type of work organization.
But it is much less precise than the text of the 2005 national agreement on a number of protections for the teleworker:
* It does not explicitly account workers "nomads" It does not
* problems period of adjustment, or health issues or training issues or problems with workload, ...
* She does not speak of collective rights: in particular, is not mentioned the need to inform and consult the works council as envisaged in the national agreement.
It is regrettable that this particular law does not regain a very important provision of the Agreement: "Telecommuters are identified as such on the single register of staff". Yet this identification only allows full transparency on the importance of teleworking in the business and telecommuting to reduce "wild" or "gray" (that is to say not explicitly recognized by a contract or an addendum) to the benefit of telework negotiated.
However, this law does not abolish the National Agreement on Telework and employees and their representatives in enterprises covered by the agreement (which has already been the subject of an extension order May 30, 2006 ) can always rely on this agreement. For a
déytaillée anlysis of this law, article by article on my site http://www.ergostressie.com
