Is the company obligated to offer teleworking so that the employee can reconcile?
The company is not obligated to grant telework to the employee who requests it along with a reduction in working hours. In today's work environment, the balance between work and family life has taken on a crucial role.
One of the most frequent questions our clients ask is whether the company is obligated to offer teleworking to its employees to facilitate this balance.
In this circular, we will analyze the legal and practical aspects related to this issue.
Reduction of working hours: rights and procedures
Fewer hours, less salary.
If a worker requests a reduction in working hours for legal guardianship, they can work fewer hours with a proportional reduction in salary, for a specified period depending on the age or situation of the person to be cared for.
For example, the employee can request this reduction for the direct care of a child up to twelve years old, whether biological, adopted, or in simple, permanent, or pre-adoptive foster care.
Notice and documentation.
The worker must notify at least fifteen days in advance (or as determined by the applicable collective agreement), specifying the start and end date of the reduction in working hours, as well as the new schedule.
The company can request the employee to justify compliance with the requirements, such as the family book to verify the existence of a child under twelve years old or a medical certificate proving the incapacity of a family member.
Obligation to accept.
If the reason for the reduction is justified, the company cannot refuse to grant it, even if the worker is the only one in a certain position. To cover the unworked hours, the company can resort to an interim contract. It can only be denied if two or more workers request the reduction to care for the same person.
Schedule specification.
It is up to the worker to specify the period of enjoyment of the reduction and the schedule of the new working day, which must be within their ordinary daily working hours. The company must accept the specification if it is within the ordinary working hours.
Telework: not mandatory for the company
Telework and reduction of working hours.
The mode of service provision, whether in-person or remote, is not part of the specification of the reduction of working hours. Therefore, if a worker requests teleworking along with a reduction in working hours for legal guardianship, the company is not obligated to grant it.
Adaptations and reconciliation.
A worker can request to work remotely through an adaptation for reasons of work-life balance. Unlike the reduction in working hours, this is not an absolute right of the employee, even if they have children under twelve years old in their care. In case of disagreement, a fifteen-day negotiation period must be opened. The company can deny the request if it adequately justifies it.
Ordinary request.
Teleworking is voluntary for both the company and the worker, so it cannot be unilaterally imposed by either party. It is essential that both parties explicitly agree on this mode of work.
Consequences of non-compliance
Absenteeism and sanctions.
If a worker decides not to report to the workplace, believing that they are entitled to work remotely without having previously agreed with the company, they may be disciplinarily sanctioned for absenteeism. Depending on the number of days of absence and the provisions of the collective agreement, it could even lead to dismissal.
In short, the possibility of teleworking to reconcile work and family life is a relevant and complex issue. It is essential that both employees and employers understand their rights and obligations to avoid misunderstandings and conflicts. The reduction of working hours for legal guardianship is a worker's right that must be respected by the company, while the mode of teleworking remains a voluntary option, subject to specific agreements between both parties.
