risks exclusion induced by forcing the development of telework (continued)
Telecommuting employee at home = a new vision of the wage contract
The French employment contract is a contract "to time "and not" to the task. " The employee is not a slave, whose working time is unlimited, nor a paid hack for the task (see the book I wrote with Peter Mathevon, occupational physician "Quality of life and health" - presentation on http://qualite.vie.travail.free.fr/ ).
is the fruit of the labor struggles of the nineteenth and twentieth centuries: the employee "sells" a portion of his time against his salary. This working time should be measured because it is limited and the employee is not "exploitable" at leisure, since the Act of March 22, 1841 is the first law regulating the working hours of an employee. While the employee has an obligation of means (for the time contract work) and subordination (follow the instructions of the employer) but no performance requirements, unlike the self-employed or professional that has an obligation of results, but is not "subordinate" to his client.
It is obvious that the time control of telecommuting is almost impossible, except for very special cases (telemarketing, call center ...). Control would be too picky indeed rejected by many telecommuters. Therefore we find that most telecommuters are "day pass" the contract stipulates a number of days (eg 215 days of work per year) and not a number of hours (eg 35 hours per week).
We also note that the control of working time is almost always replaced by controlling the activity with the tools of "management by objectives."
Telecommuting employee = accept home management by objectives
Be aware that telecommuters are teleworkers are those who accept the management by objective and this ambiguity in their employment contract: indeed the teleworker is close self-employed because it is always subordinate to the employer, it becomes is liable to a result that is to say, to achieve goals. Moreover, many salaried non-teleworkers are already subject, good or ill will, management by objective. It is far from pleasing to all, because the management by objectives is often based on numerical indicators very questionable!
What happens if the employee refuses the dictatorship measurable indicators?
But all employees in jobs "teleworkers" will they be forced to accept not to work "in time" (calculated by year and not per day or per week) by "objective." Will they have to have a core of self-employed? Do they not likely to be excluded while managing "time" is the basis of French labor law?
course, there are other risks of exclusion if it accelerates the development of carelessly telework (self-sufficiency, trusting relationship with the company ...) which will be discussed.
Agree or disagree with our analysis, if you have not already done so much to join our online survey on telecommuting ( http://teletravail.enquete.free.fr ).
Invite please, other teleworkers to participate as well.
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