At the end of a final meeting on Tuesday aimed at making a shared diagnosis on teleworking, especially after confinement, the employers agreed to open negotiations with the unions as they demanded. This diagnosis was validated by three of the five confederations: CFDT, FO and CFE-CGC. Two first negotiation meetings are already scheduled, on November 3 and 23.

Teleworking has both positive and negative impacts on employees.  The shared diagnosis analyzes them.

That’s it. After six meetings, the employers finally announced on Tuesday that they agreed to open negotiations on telework, responding to a unanimous request from the unions and to pressure from the government. “We think there is room for an agreement [au niveau national interprofessionnel], discussions deserve to be initiated ”, told the press the leader of the employers’ delegation, Hubert Mongon, general delegate of the federation of metallurgy (UIMM), at the end of the meeting. Three in five unions said they would sign the shared diagnosis on the topic that has occupied discussions so far.

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No big bang

A priori, however, there will be no teleworking big bang. The employers do not intend to see all the existing rules overhauled. It is both “To recall the applicable law and [de travailler] the new questions that have arisen “, said Hubert Mongon. “Agreement of 2005, law of 2012 [qui l’a partiellement transposé], reform of the Labor Code of 2017… These texts suit us well, nevertheless it is important to help employees and companies to navigate this maquis ”, he said, wishing them to come together in a ” Document synthesis “. He mentioned a second axis of negotiation, on “New practices which do not all stem from legal principles” and which have emerged in recent times and thanks to the coronavirus crisis.

Negotiations could relate to volunteering, the reversibility of teleworking, the anticipation of its implementation, the diversity of workplaces (coworking, third places), the training of managers, managerial practices, the integration of new employees. , the handicap, listed the employers.

But the business leader also insisted on the need to respect “The principle of freedom of negotiation as a priority”, highlighting the 500 or so teleworking agreements signed in companies since the start of the year and the numerous negotiations underway in companies and certain branches. “We want the agreement to be neither prescriptive nor prescriptive”, insisted Hubert Mongon.

Point sensible

A prospect which was immediately welcomed by the Minister of Labor. The announcement of the opening of negotiations constitutes “A real breakthrough”, said Elisabeth Borne. “An agreement will make it possible to respond to a strong societal expectation. With the Covid crisis and the confinement, teleworking had imposed itself on a large part of the employees ”, she stressed, judging that a “Repository” would be “Useful” for companies.

The mandatory nature or not of the provisions included in a possible agreement is however a sensitive point. It will undoubtedly be at the heart of the negotiations which will open in a few weeks while, for example, the unions are unanimous in calling for a 100% ban on teleworking, joined on this point by a party. employers elsewhere.

Two scheduled meetings

“A step is taken”, underlined the president of the CFTC, Cyril Chabanier, but the Christian center will not sign the diagnosis and will pronounce this Wednesday on its participation in the negotiations. The other four confederations have already decided to go but are already contesting the

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“The Medef itself says that this agreement must be useful for all! For that, it must be normative and prescriptive ”, estimated the negotiator of the CGT, Jean-Luc Molins. “There are points on which the agreement will have to be normative”, insists Jean-François Foucard, of the CFE-CGC. “The national framework [que donnera la négociation] must facilitate the work of negotiators in companies that want to set up a teleworking agreement and provide a minimum basis of guarantees in those where there is nothing ”, for her part said in a press release Catherine Pichaut, the national secretary of the CFDT in charge of the file.

Two meetings are already scheduled, November 3 and 23. But others could follow if necessary.

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