Coronavirus: how to implement teleworking?

Author: Catherine Mairy (Legal Expert)
Date:

Teleworking is part of the measures decided by the National Security Council on 17 March 2020 to combat Covid-19.

As a reminder, teleworking is mandatory in non-essential companies for all employees whose position is suited to teleworking. In other companies, it should be made use of to the extent possible.

How can teleworking be implemented in the current context?

Principles

Teleworking requires the prior agreement of both the employer and the employee:

  • in the case of regular (structural) teleworking, this agreement must be in writing;
  • in the case of occasional teleworking, this agreement may be oral or, preferably, in writing.

The provision of the equipment that is required for teleworking by the employer and the payment, by the employer, of the costs (connections, communications, etc.) related to teleworking:

  • are mandatory in the case of regular (structural) teleworking;
  • are left to the discretion of the parties in the case of occasional teleworking.

As part of the government's 'Covid-19' measures

The company making use of teleworking as part of the Covid-19 government measures informs the employees concerned. They could not oppose it.

The parties ensure that their agreement and the practical aspects for teleworking (accessibility of the teleworker, technical support, etc.) are recorded in writing.

Among others for the equipment that is required for teleworking and for the costs (connection, communications, etc.) related to teleworking, the following should, in principle, be applied:

  • the rules in force in the company when telework was already being carried out before the decision of the National Security Council;
  • the rules mentioned above when no telework has been carried out in the company prior to the decision of the National Security Council.

Please also refer to our Infoflashes for more information about the position of the National Social Security Office on the granting of an office allowance and the tax regime of the teleworking allowance.

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