National intersectoral agreement reached on telework

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In July 2005, the French social partners reached a draft national intersectoral agreement on telework, which was to be ratified by the end of September. The accord transposes the 2002 EU-level framework agreement on telework, the first time that this has been done by collective bargaining in France. The new agreement is seen as practical example of a new approach to social dialogue.

On 16 July 2002, the central EU-level social partner organisations signed a framework agreement on telework (EU0207204F). The signatories were: the European Trade Union Confederation (ETUC); the Council of European Professional and Managerial Staff (EUROCADRES)/European Confederation of Executives and Managerial Staff (CEC) liaison committee; the Union of Industrial and Employers' Confederations of Europe (UNICE)/the European Association of Craft, Small and Medium-Sized Enterprises (UEAPME); and the European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP). The telework accord was the first cross-industry EU-level framework agreement that was to be implemented by the members of the signatory parties rather than by an EU statutory instrument. The agreement was to be implemented within three years of its conclusion.

Following intersectoral negotiations that began in May 2005 (FR0506102N), on 19 July 2005 French trade union confederations and employers’ associations reached a draft agreement on telework that they had until the end of September 2005 to endorse. The agreement is a first in terms of national intersectoral accords in France, as it transposes the EU-level telework agreement into French law through collective bargaining.

On the trade union side, the agreement was signed by the five confederations with representative status: the French Democratic Confederation of Labour (Confédération française démocratique du travail, CFDT); the French Confederation of Professional and Managerial Staff-General Confederation of Professional and Managerial Staff (Confédération française de l'encadrement-Confédération générale des cadres, CFE-CGC); the French Christian Workers' Confederation (Confédération française des travailleurs chrétiens, CFTC); the General Confederation of Labour (Confédération générale du travail, CGT); and the General Confederation of Labour-Force ouvrière (Confédération générale du travail-Force ouvrière, CGT-FO). On the employers’ side, it was signed by: the Movement of French Enterprises (Mouvement des entreprises de France, MEDEF); the General Confederation of Small and Medium-Sized Enterprises (Confédération générale des petites et moyennes entreprises, CGPME); and the Craftwork Employers' Association (Union professionnelle artisanale, UPA).

The signatories are in a position to ask for it to be extended, ie that it be granted the status of a basic general norm applicable to all employees in the various sectors of the economy.

The preamble of the national intersectoral agreement on telework sets outs its objectives: 'telework is both a way for companies to modernise work organisation, and as a way for workers to reconcile work and social life and giving them greater autonomy in the accomplishment of their tasks.'

Teleworkers’ employment status

The agreement uses the concepts of 'telework' (télétravail) and 'teleworker' (télétravailleur) as a basis for a detailed description of the activities and workers concerned.

The agreement defines telework as: 'a form of organising and/or performing work, using information technology, in the context of an employment contract/relationship, where work, which could also be performed at the employer's premises, is carried out away from those premises on a regular basis'. It provides that telework must be 'voluntary for the worker and the employer concerned', and that if teleworking was not a condition of recruitment, then it must be dealt with in a 'rider to the contract'. If teleworking was not a condition of recruitment but an employee has opted for telework, it may be agreed, at the initiative of the employee or the employer, to reverse the decision and return to on-site working. Employees recruited as teleworkers may later apply for all vacant on-site posts corresponding to their qualifications, and be given priority access to such posts.

In other words, the French accord reproduces the provisions of the EU framework agreement by stipulating that teleworkers:

• must have employment contracts; and

• include a priori 'non-office-based' employees. What is meant by 'non-office-based' as applied to employees working outside their companies’ premises, must be defined at sector or company level.

Teleworkers’ employment and working conditions

The French national agreement, in compliance with the EU framework agreement, states that 'teleworkers benefit from the same rights and statutory and collectively-agreed entitlements as comparable workers at the employer's premises'. However, in order to take into account the particularities of telework, specific complementary collective and/or individual agreements may be necessary.

Moreover, the French agreement advocates establishing a set of guidelines governing the conditions of use of the teleworker’s working equipment. It refers to compliance with the prescriptions set out by the National Council for Information Technology and Civil Liberties (Conseil national de l’informatique et des libertés, CNIL). The agreement stipulates that the employer must 'respect the privacy of the teleworker' and that work schedules must be agreed through consultation with the employee. Similarly, it states that 'the teleworker manages the organisation of his/her working time, within the framework of applicable legislation, collective agreements and company rules.' Monitoring and checking are possible through existing channels of information and communication with the works council, or failing that, workforce delegates.

The employer is responsible for providing, installing and maintaining the equipment necessary for telework (assuming that the electrical installations and workstation are suitable, where telework is performed at home). If, in exceptional cases, the teleworker uses his/her own equipment, the employer is responsible for its adaptation and maintenance. In any event, the employer meets the costs directly caused by the work, in particular those relating to communication. The employer must provide the teleworker with an appropriate technical support facility. The employer has responsibility, in accordance with the regulations in force, regarding costs for loss and damage to the equipment and data used by the teleworker. In the event of breakdown or malfunctioning of work equipment, the teleworker must immediately notify the employer. The teleworker must take good care of the equipment provided to him/her.

On the issues of collective rights, vocational training, and health and safety at work, the agreement states that all statutory and collectively-agreed provisions applying to employees in general are likewise applicable to teleworkers. Moreover, it stipulates that the employer, employee representatives with responsibility for health and safety, and the relevant authorities have access to the teleworking site under the conditions laid down in French legislation. Teleworkers enjoy the same trade union rights as other workers. They are therefore eligible to vote and stand in the workplace elections for staff representative bodies. They are listed, as teleworkers, on the same staff register as other employees.

While the employers did not wish to make compliance with the new agreement obligatory (ie ruling out all exemptions from it), the insistence of the trade unions during negotiations led to most of the provisions being made mandatory.

Reactions

The Minister for Employment, Gérard Larcher, acknowledged the agreement on 20 July 2005, adding that he found it doubly important because it enabled:

• a framework agreement reached at EU level to be transposed in France; and

• working conditions to be given formal protection at a time when teleworking is expanding.

After final session of bargaining in July 2005, the MEDEF negotiator, Denis Gautier Sauvagnac, welcomed the agreement, which he said 'took account of craft industry and SME employers’ concerns' as well as those of employees, 'as shown by the concluding remarks made by the union delegations'. He stated that the agreement offers 'an opportunity for extra recruitment'. Before concluding that, in his opinion, 'compromise is what negotiation is all about', he stated that the telework agreement is very important, setting out 'provisions to break the isolation that is a constant risk in this type of work'.

The trade unions have expressed their regret that certain clauses of the agreement were made advisory rather than binding. However, in CFDT’s opinion, 'this agreement is a very practical illustration of the steps forward that employees can expect from the construction of a social Europe'. This union confederation felt it important that 'the voluntary nature of teleworking was reiterated, regulated and protected by the agreement' with obligatory provisions. CFE-CGC stressed that 'the French agreement is a step forward from the EU framework agreement, as it sets out clearer and more protective provisions for workers', even if it feels the 'agreement could have gone further'. CFE-CGC 'also sought to eliminate the risks for employees generated by refusing to switch to teleworking by demanding that the agreement stipulate that such a refusal cannot lead to either disciplinary action or redundancy'. The CFTC negotiator made a plea for the 'agreement to be implemented after due consideration and through negotiation, in a secure and appropriate context', and stressed the importance of 'combating social isolation in order for the employee to feel part of a group'. The CGT national representative also endorsed the agreement, which, in her estimation, should make it possible 'to renegotiate some company-level agreements like that at France Télécom, which is less favourable to workers'. CGT-FO considered that 'the talks had enabled most of the obstacles to be lifted by making 13 of the 14 articles into norms', and asked its affiliates to keep it informed 'about any negotiations on teleworking that might begin at branch or company levels'. It expressed its satisfaction at the prospect of the agreement being extended to all industries.

Commentary

This national transposition of an EU framework agreement through collective bargaining is a significant development in French industrial relations.

Although jurists and trade union experts are happy with the advances made in the national intersectoral agreement vis-à-vis the European framework agreement on telework, the fact that, in contrast to the EU-level text, there is no provision for monitoring arrangements at the national level may be seen as surprising. Similarly, considering the subject of the agreement and what this implies in terms of information technology equipment, it might have been expected that innovative provisions would be included dealing with the negotiation of agreements for the electronic exchange of information, the circulation of union statements etc (ie via intranet and extranet).

The agreement on teleworking is quite a good omen at a moment when bargaining is currently under way between employers and unions on arduous work and/or working conditions and on the employment of older workers, and a further round of talks on the UNEDIC unemployment insurance system is due to open before the end of 2005. (Benoît Robin, IRES)