Telecommuting, temporary work, fixed-term contracts… Diversification of working methods

The employment sector has undergone a number of transformations (flow activities, digital economy), and the Macron ordinances are consequently reforming working methods in the direction of diversification.

What does the future hold for telecommuting? What adaptations should be made to fixed-term and temporary employment contracts? What is the CDI de chantier?

Telecommuting

Telecommuting may be introduced in the company by collective agreement or, failing that, within the framework of a charter drawn up by the employer after consulting the social and economic committee, if one exists.

Would you like to ask your employer to allow you to work from home?

Any employee occupying a position that is compatible with a telecommuting organization may ask his or her employer to authorize occasional telecommuting, by simple agreement between the employer and the employee, without any particular formalities.

In the event of refusal, the employer will be required to give reasons for its decision, although the reform does not provide for any procedure for contesting the decision.

Good to know: Telecommuting employees will be covered for work-related accidents under the same conditions as if they were on their employer’s premises.

Temporary and fixed-term contracts

From now on, a branch agreement or convention will be able to set the total duration of a fixed-term or temporary contract, the maximum number of renewals possible, the waiting period applicable in the event of a succession of contracts for the same position, and the cases in which this waiting period is not applicable.

In the absence of agreement stipulations on these points, the legal provisions will apply.

Permanent works contracts

As of January 1, 2017, it will be possible to use the “CDI de chantier” (“permanent works contract”) not only in sectors where it is customary, but also in companies covered by a branch agreement defining the reasons for its use.

This agreement will then have to set a certain number of applicable criteria (company size, eligible activities, compensation for employees in terms of remuneration and severance pay).

Non-profit workforce loans

Workforce loans between a group or company with at least 5,000 employees and a start-up company less than 8 years old, or a company with no more than 250 employees, will not be considered as profit-making even if the amount invoiced by the lending company to the user company is less than the wages, social security charges and professional expenses relating to the employment of the employee made available.

This loan of labor may not exceed 2 years.

Do you have any further questions about the regulations governing working arrangements? Ask one of the AGN Avocat network’s expert employment law lawyers to help you.