Is telework compulsory for the employer during the lock-down?
The French Ministry of Labour has updated its question-answer by providing details on the modalities and consequences of the employer’s refusal to grant telework during the sanitary crisis.
To justify its decision, the employer will have to demonstrate that the presence of the employees concerned in their workplace is essential to the functioning of the company and the exercise of its activity.
An employer who refuses to set up telework, even though its activity is suitable for it, may be held liable under its obligation to protect the health and safety of its employees. (Ministry of Labour’s « Telework » Q&A, updated November 3, 2020).