Do you have to compensate the teleworking expenses incurred by your employees when performing their tasks outside the workplace (means, equipment, tools, etc.)?
The rise of teleworking in the wake of the pandemic has led to the need for its regulation. Legally, telecommuting or teleworking is considered to be the regime of those who work from home (or the place of their choice) for a minimum of 30% of the working day in a period of three months (or the equivalent proportional percentage depending on the duration of the employment contract).
Teleworking is a voluntary option, both for companies and employees, and an agreement will need to be signed, which can be drawn up at the beginning of the employment relationship or during the employment relationship. Therefore, in the absence of an agreement, you cannot force your employees to telework, nor can they demand it.
Teleworkers must retain the same rights as if they were working on the company’s premises and may not suffer any financial disadvantage (nor should their pay for teleworking be increased). Therefore, they must pay for the costs related to supplies, equipment, tools and means linked to the development of their work activity and guarantee the necessary attention in the case of technical difficulties and the correct maintenance of work equipment.
Collective agreements may regulate how these amounts are to be calculated. In the absence of a collective agreement, the Ministry of Labour has considered that the development of remote work must be covered by the company and may not involve the assumption by the worker of expenses related to the equipment, tools and means linked to the development of their work activity. Most companies are opting to establish an expressly predetermined financial compensation for expenses ranging from 20 to 80 euros per month.
Our professionals will answer all your questions about the telecommuting regime.