Remote Work 2026: Legal Rights and Obligations in HR

Remote working is neither a right of the employee nor a favour granted by the employer. It is a way of performing the contract that relies on a dual voluntary basis: neither party can impose it, except in exceptional circumstances. This simple principle has an important practical consequence — an employee's refusal does not constitute misconduct, and an employer's refusal must be justified where the role is eligible.

Setting it up: three possible routes

Remote working is set up by collective agreement, by a charter drawn up after consulting the works council, or by a simple agreement between the employee and the employer, formalised by any means.

This last route is the most flexible but also the most fragile: in the absence of an agreement or charter, the arrangements rest on an exchange whose content must be capable of being established in the event of disagreement. A confirmation email setting out the days, the location and the conditions is worth more than a verbal agreement, and a signed amendment is worth more than an email.

Where an agreement or charter exists, it must set out the conditions for moving into remote working and returning to on-site work, the arrangements for the employee's acceptance, the arrangements for monitoring working time, the setting of hours during which the employee must be reachable, and the arrangements for access for workers with disabilities.

Dual voluntary basis and its exceptions

An employee's refusal to accept a remote-working role is not grounds for termination of the contract. Conversely, the employee cannot demand to work remotely.

Where an agreement or charter provides for remote working, an employer who refuses the request of an employee occupying an eligible role must justify the response. The justification need not be convincing, but its absence is in itself open to criticism.

Two situations depart from the voluntary-basis principle. In the event of exceptional circumstances — the threat of an epidemic, force majeure — the implementation of remote working may be regarded as an adjustment to the role made necessary to ensure continuity of activity and to guarantee the protection of employees. And remote working may be requested by way of a job adjustment for a disabled worker or a family carer, in which case the employer must justify any refusal.

The employer's obligations

Equal treatment. The remote worker has the same rights as an on-site employee: pay, training, appraisals, career progression, access to trade union information, meal vouchers where the conditions for granting them are met.

Covering costs. The employer no longer has a general legal obligation to cover all expenses, but the case-law obligation to bear the professional costs incurred by the employee in the company's interest remains. In practice, a flat-rate allowance is paid, within the exemption limits for social security contributions set by the social security authorities.

Health and safety. The safety obligation applies in full at home. The employer must inform the employee of the risks, particularly those linked to prolonged screen use and to isolation, and the single risk-assessment document must incorporate remote working.

The right to disconnect. It must be organised, with defined hours during which the employee must be reachable. Its absence is the point most frequently raised, and it ties in with the question of recording working time covered in our article on overtime.

Accidents at home while working remotely

This is the point most widely misunderstood, and the most favourable to the employee.

An accident occurring at the remote-working location and during the performance of professional duties is presumed to be a workplace accident. The presumption applies in the same way as on site.

It is up to the employer or the social security fund to rebut this presumption by demonstrating that the accident fell within the personal sphere. This burden of proof, which is difficult to discharge, explains why reporting is the rule and challenging it the exception. Formalising working hours is doubly useful here: it is precisely these hours that define the period covered.

Monitoring and surveillance

The employer retains its power of oversight, but it must be exercised within the same limits as in the office: proportionality, prior information for employees, consultation of the works council.

Permanent surveillance devices are prohibited — continuous screen capture, activation of the webcam, keystroke logging. These tools have led to sanctions from the data protection authority, on the grounds that the monitoring was disproportionate.

Permissible monitoring is based on results and on progress check-ins, not on surveillance of the workstation. This requirement ties in with that applicable to trackers and data collection, covered in our article on consent to cookies and trackers.

Usage scenarios

Setting up without a collective agreement. Formalise matters in writing covering the days worked remotely, the location, the hours during which the employee must be reachable, and the conditions for reversibility. This last point avoids most disputes when returning on site.

Individual request refused. Check whether an agreement or charter exists. If the role is eligible under it, the refusal must be justified in writing.

Enforced return on site. Reversibility must have been provided for. Failing that, a unilateral change to the agreed arrangements may constitute a variation of the contract, which requires the employee's agreement — a matter linked to the very nature of the employment relationship, covered in our article on types of employment contract.

Frequently asked questions

Is remote working a right? No. It relies on a dual voluntary basis. Where an agreement or charter exists, however, the employer must justify a refusal given to an employee occupying an eligible role.

Can an employee refuse remote working? Yes, and such a refusal constitutes neither misconduct nor grounds for termination.

Must the employer pay the costs? It must bear the professional costs incurred in the company's interest. In practice, a flat-rate allowance is paid, within the exemption limits allowed by the social security authorities.

Is an accident at home a workplace accident? It is presumed to be one if it occurs at the location and during the hours of remote working. Rebutting this presumption falls to the employer or the social security fund.

Can a remote worker be monitored? Monitoring remains possible but must be proportionate and preceded by notice. Permanent surveillance devices are prohibited and have led to sanctions.

Is a contract amendment required? It is not compulsory where remote working results from an agreement or charter, but a written document remains strongly recommended: it is what establishes the agreed arrangements in the event of disagreement.

Key takeaways

Remote working hinges on three written documents, and their absence explains almost all disputes. A written record of the arrangements — days, location, hours during which the employee must be reachable — which also defines the period covered by the workplace-accident presumption. A written record of reversibility, which prevents a return on site from turning into a unilateral variation of the contract. And a written record of monitoring, informing employees of the devices used.

The rest — equal treatment, covering costs, the safety obligation — follows from the ordinary law of the employment contract, which applies at home exactly as it does in the office.