Remote Work 2026: Legal Rights and Obligations in HR

Remote work is neither a right of the employee nor a favour granted by the employer. It is a way of performing the employment contract that rests on mutual consent: neither party can impose it unilaterally, 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 position is eligible.

Setting it up: three possible avenues

Remote work can be set up through a collective agreement, through a charter drawn up after consulting the works council, or through 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 terms rest on an exchange whose content must be provable in the event of disagreement. A confirmation email specifying the days, the location and the conditions is better than a verbal agreement, and a signed amendment is better than an email.

Where an agreement or charter exists, it must specify the conditions for moving to remote work and returning to on-site work, the terms of acceptance by the employee, the arrangements for monitoring working time, the determination of availability slots, and the arrangements for access for employees with disabilities.

Mutual consent and its exceptions

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

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

Two situations depart from mutual consent. In the event of exceptional circumstances — threat of an epidemic, force majeure — the introduction of remote work can be treated as an adjustment of the position made necessary to ensure business continuity and protect employees. And remote work can be requested as an adjustment of the position for an employee with a disability or a caregiver, with the employer then having to justify any refusal.

Employer obligations

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

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

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

The right to disconnect. It must be organised, with defined availability slots. Its absence is the most frequently noted issue, and it links to the question of recording working time discussed in our article on overtime.

Workplace accidents at home

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

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

It is up to the employer or the fund to rebut this presumption by demonstrating that the accident belonged to the personal sphere. This burden of proof, difficult to discharge, explains why reporting is the rule and challenging it the exception. Formalising working hours is doubly useful here: they are what delimits 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 to employees, consultation of the works council.

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

Permitted monitoring is based on outcomes and progress check-ins, not on surveillance of the workstation. This requirement is in line with that applicable to trackers and data collection, developed in our article on consent to cookies and trackers.

Usage scenarios

Setting up without a collective agreement. Formalise it in writing setting out the days worked remotely, the location, the availability slots and the conditions for reversibility. This last point avoids most disputes when returning to on-site work.

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

Enforced return to on-site work. Reversibility must have been provided for. Failing that, a unilateral change to the agreed terms may constitute a modification of the contract, which requires the employee's consent — a matter linked to the very nature of the engagement, addressed in our article on types of employment contract.

Frequently asked questions

Is remote work a right? No. It rests on mutual consent. Where an agreement or charter exists, however, the employer must justify a refusal given to an employee occupying an eligible position.

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

Must the employer pay the expenses? It must bear the professional expenses 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 work. Rebutting this presumption is for the employer or the fund to do.

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

Is a contract amendment required? It is not mandatory when remote work results from an agreement or charter, but a written record remains highly recommended: it is what establishes the agreed terms in the event of disagreement.

Key takeaways

Remote work hinges on three written records, and their absence explains almost all disputes. A written record on the terms — days, location, availability slots — which also delimits the period covered by the workplace-accident presumption. A written record on reversibility, which prevents a return to on-site work from turning into a unilateral modification of the contract. And a written record on monitoring, informing employees of the devices used.

Everything else — equal treatment, cost coverage, the safety obligation — follows from the general law of employment contracts, which applies at home in exactly the same way as in the office.