Syntec adopted four new endorsements at the end of 2022, all of which have now come into force and been extended. One of them establishes a very precise framework for the organization of telecommuting. The aim of this rider is to ensure that the rights of teleworking employees are respected, while ensuring the continuity of the company’s business. This rider does not apply to companies with fewer than 50 employees, which already have a teleworking charter. On the other hand, these provisions will be fully applicable to them as soon as this charter is abolished or modified.
What teleworking situations are covered by the new amendment to the Syntec Agreement?
The new agreement covers all possible teleworking situations:
- Hybrid work, which consists in regularly sharing a presence in the company
- Teleworking in exceptional circumstances
- Permanent teleworking
- Telecommuting from abroad
How do you set up teleworking in companies covered by the Syntec Agreement?
Telecommuting can be introduced by negotiating a company-wide agreement, or by drawing up a charter that complies with the provisions of the collective bargaining agreement. It is also possible to institute telecommuting in these companies through individual agreements with employees. In the absence of a company agreement, if your organization has a CSE, it must be consulted on decisions concerning the conditions for implementing teleworking.
Please note: if telecommuting is introduced via a charter or collective agreement, this text must contain certain mandatory clauses:
- Conditions for switching to teleworking and conditions for returning to a non-teleworking contract
- How the employee accepts the conditions under which telecommuting is to be implemented, as well as how working time is to be monitored or the workload regulated.
- Determining the time slots during which the employer may contact the employee
- Access to teleworking for pregnant employees and disabled workers
Important: employees must be informed of the stipulations of the company agreement or charter. As the introduction of teleworking is voluntary for both the employer and the employees concerned, the latter must formalize their agreement by any means. It is preferable to ensure that this agreement is in writing. If telecommuting is introduced without a company agreement or charter, employees will need to be informed of the general framework surrounding the implementation of telecommuting.
This information will cover:
- Syntec’s collective framework
- Hybrid work practices, such as workload assessment, reporting and liaison with the company.
- How telework can be combined with work on the company’s or customer’s premises, taking into account in particular the need to maintain social ties and the quality of collaboration with other employees.
- Equipment, rules for use, costs, insurance, etc.
- Rules for covering business expenses, as defined by the company
- Means of communication between employees and employee representatives
What are the concrete terms of teleworking in the Syntec rider?
- A mandatory adaptation period
- Authorized teleworking locations
- Eligibility to telework
- Teleworking, a working method subject to double voluntary action
- The frequency of teleworking
- Cases of suspension and modification of telework
- The reversibility of teleworking
- Working hours for employees teleworking under the Syntec agreement
- Work equipment and supplies
- Commuting expenses
- Business expenses and luncheon vouchers
- Special procedures for supporting workers in specific situations (disability, pregnancy, accident, illness)
- Safety measures to be implemented for teleworking employees
- The right to disconnect for teleworking employees under the Syntec agreement
- Monitoring the working time and workload of teleworking employees
DESRUMAUX AVOCATS is at your disposal should you require further information on this rider, or more generally should you wish to set up or reorganize teleworking within your company.
