The practice is also risky for the employer

Telework would out of the rut While the France is trolling with 8.9 of employees work regularly since their home, compared to 18.3 among its European neighbors, the policy provided, in early June, the subject on the table. At a symposium at the Palace of Luxembourg, in the presence of the Secretaries of State Nathalie Kosciusko-Morizet and Georges Tron, Senator Alain Gournac and a handful of members, including Pierre Morel-A-L'Huissier, author of a report on telework, have promised to roll up their sleeves.

Because the meeting is held more than a year after the vote by the National Assembly of a draft law on telework. "U country of Colbert and Napoleon, only the anointing of the Act may symbolically devote a new social practice", according to Jean-Emmanuel Ray, Professor of law at Paris I Sorbonne and the IEP Paris. However, fish Act proposal, which includes the work remotely, contains other provisions controversial on the loan of labour and the employers including grouping. Balance: the text is still not crossed the barrier of the Senate. At this day, therefore, five years after the signing of the framework agreement national interprofessionnel (ANI) that defines the conditions of its application, telework is always not carved on the Labour Code. "There is a huge legal vacuum," said MP Lozère, Pierre Morel-A-L'Huissier. "Telework is inevitable."

Things could nevertheless settle: a survey of the Credoc indicates that 10 of French workers say ready to telework full-time and 21 part-time. Moreover, businesses and unions seem gradually recognize the virtues of this practice, both for reasons of economies as ecology and life balance. Twenty employers signed agreements in that sense, such as Dassault Systèmes, Microsoft France, Michelin, France Télecom, Renault or even real estate group in favour of workspaces shared grows employees to stay home, "to force did not have access to their Office floating because three other collaborators are affected". However there is no lack of risk. Starting with the absence of any protection against accidents. Moreover, "everything is goodwill manager who, often, himself is not on the spot", continues Jean-Michel Daire.

In General, it is in good understanding between the company and the telecommuter employee. Thus, Jean-Jacques Mahé, "program manager" at Sun Microsystems, is delighted to work two days a week at his home of Boitron, a small village of the Orne: "When I started, three years ago, I worked much more in my home to the Office, observes." Now I forces me to do as in the Office: coffee breaks, chat and nothing with colleagues online, from time to time depart from the computer.

But, over the closures of sites related to the crisis, the trade unions fear go-ahead, as the development of a telework "forced". Moreover, "If there is no written rules, a manager of bad faith can accuse colleagues to be absent," said Jean-Michel Daire.

The practice is also risky for the employer. "Certainly, the company has no legal obligation to negotiate a framework agreement, reminds Nicole Turbé Suetens, but foul specific contract of telework, a disgruntled employee may seize the labor and attack his employer."

Indeed, some teleworkers have already sought - and obtained - repair. April 7, the company Nestlé Waters Marketing and Distribution was sentenced by the Court of cassation to compensate employees on the basis of the partial occupation of their home for professional purposes, which the judges, was "an interference in private life". And the conclusion: "If the employee, who is required or to accept work at his home, or to install its files and its tools, access to the request of his employer, the latter must compensate this hardship particular costs caused by the occupation professional home." This prevented employers.

Such cases led leaders to respond. An agreement is currently under negotiation at Bouygues Telecom. And in HP France, where the closure of five agencies in the provinces is expected with apprehension, a Telework agreement is about to be adopted. It plans to grant to every telecommuter compensation help to install, providing a laptop and a mobile phone, but also, a monthly for ADSL expenses, heating and electricity and an additional premium of insurance benefits.

In addition to purely physical issues, agreement on Telework also allows to fit very specific aspects of everyday life, such as schedules. "The goal is to avoid settling areas of lawlessness, says a spokesman for Renault. If things are not written, such manager may call at any time to his employee. "But the agreement may also benefit all staff:"I know several companies in which it organizes meetings at 19 hours. "The signing of an agreement acts as a developer of such malfunctions and fixed rules of organization and relationships that go beyond the practice" says Nicole Turbé Suetens.

However, if an agreement is a necessary condition, it is not sufficient. In the eyes of experts telework can be beneficial without a training effort in the direction of the managers of proximity, often refractory to the idea of losing sight of their collaborators. "The crux of the problem, it's the management." "Trade of the framework is to mentor, if you tell him he is manager remotely, it understands that you are going to delete responsibilities", note Xavier de Mazenod, founder of the community of teleworkers Zevillage. An internal study conducted by Renault is eloquent: to the question "telework has been the engine of a new way of working." "employees respond"Yes"to 54 and managers"no"to 58. Clearly, admits the leadership, "it remains a cultural work".