Go from recommendation to obligation. This will be the mission of the Minister of Labor, Elisabeth Borne, from Tuesday, December 28, concerning teleworking. Prime Minister Jean Castex theannounced Monday evening, December 27, at the end of the Sanitary Defense Council : From the start of the school year, recourse to teleworking will be compulsory in all companies and for all employees for whom it is possible for a minimum of three days and if possible four days.
Elisabeth Borne is therefore responsible for bringing together the social partners from this Tuesday in order to implement this measure. for a period of three weeks
, as of January 3, 2022.
The employers’ fears
The employers dragged their feet, fearing that it would be a brake on productivity. If we have to start again, it’s the virus that commands, it will put a mess not possible in organizations
, protested a few days ago Benoît Serre, vice-president of the National Association of HRDs. But the employers’ unions balk even more at the hypothesis of establishing a health pass in the company, envisaged last week by the government.
Also read: Covid-19. Gauges, teleworking, curfew … How the government can still act against Omicron
Why is it not so simple
Make teleworking compulsory will however require a new regulatory framework. Wednesday December 21, lMinister of Labor Élisabeth Borne, called on companies to move up a gear in terms of teleworking. But since the start of the Covid-19 epidemic, the government has taken no text to include it in law, to the chagrin of the unions of labor inspectors. He had preferred to include this obligation in health protocols. These are a set of recommendations, writes the Council of State. Without legal value therefore.
At the height of the crisis, they had nevertheless been widely followed by employers. But, since September 2021, the corporate health protocol no longer provided for the obligation for employers to set a minimum number of days of teleworking per week. And it had largely eroded. The Ministry of Labor had therefore reintroduced it into the health protocol amended on December 8, 2021. Obviously the effects had not been sufficiently present.
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