The draft agreement plan on telework sent by the employers to the unions which will be discussed this Tuesday morning only provides for a “reminder of the legal provisions” on subjects such as the right to disconnect or the assumption of costs. professionals. The employee organizations want to reopen these files.

The preservation of the working relationship with the employee or the support of employees and managers are among the subjects included in the negotiation program on teleworking.

He had promised it for Friday. The employers took a little delay and finally sent this weekend to the unions its project of “Agreement plan” which should serve as a common thread for the negotiations on teleworking that it has resolved to open and which resumes this Tuesday morning.

Basically, the commitment has been kept: it is indeed a simple outline which details the subjects to be treated grouped into seven chapters. Its length – five pages – makes it possible to measure the scope of the project, which the employers and unions have set themselves the objective of completing on 23 November.

Arm wrestling in sight

But behind its arid form, this very comprehensive document confirms the showdown that will be played out in the next two weeks on the enactment, or not, of rules that would be imposed on employers. The Medef has said it, the current legal base suits it well and if there is a national inter-professional agreement, it should not be «Neither prescriptive, nor normative».

The expression of CPME is even more closed. “It is out of the question to go back on the freedom given by the reform of the Labor Code of 2017 to both companies and employees”, insists its negotiator Eric Chevée, accusing the inter-professional agreement concluded in 2005 of being responsible for the non-development of teleworking until now. These positions are found in the employer’s document, which fixes as « ambition » d’“Explain the legal environment applicable to teleworking”.

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“Preservation of the contractual relationship, working time, control of working time, rest time, respect for private life and the right to disconnect, use of digital tools (including data-related issues), support for professional expenses , right to training ”: these themes are at the heart of trade union concerns. They are present in the employers’ project, but in the form of a simple “Reminder of the applicable legal provisions”, where all employee representatives want to discuss it in substance.

Tense discussions

Suffice to say that the discussions promise to be tense. Jean-François Foucard of the CFE-CGC, is not going four ways: “This text is the employer’s guide to teleworking for dummies, we have two weeks to make it something worthy of a national inter-professional agreement. “

“There are quite a few things in the text but a certain number of doors are not open”, regrets Béatrice Clicq, in charge of negotiations at the management of Force Ouvrière, pointing out the absence of a chapter “Reminder of the fundamental rights around the employment relationship” with, in particular, the right to disconnect. “The questions of the consolidation of rights and new rights […] are not there “, deplores Fabrice Angéi, his counterpart from the CGT.

“We did not leave the inn! At this rate … “, for her part, warns Catherine Pinchaut, the negotiator of the CFDT.

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