Remote Work 2026: Legal Rights and Obligations for HR

Remote work is neither a right of the employee nor a favor granted by the employer. It is a method of performing the employment contract that rests on mutual consent: neither party may impose it, except in exceptional circumstances. This simple principle has an important practical consequence — an employee's refusal does not constitute misconduct, and the employer's refusal must be justified when the position is eligible.

Setting it up: three possible avenues

Remote work is put in place 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, formalized 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 a dispute. 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 switching to remote work and returning to on-site work, the terms of acceptance by the employee, the methods for monitoring working time, the determination of availability windows, and the arrangements for access by 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 holding an eligible position must justify the response. The justification does not need to be persuasive, but its absence is in itself open to criticism.

Two situations depart from the requirement of mutual consent. In the event of exceptional circumstances — threat of an epidemic, force majeure — implementing remote work can be treated as a workplace adjustment made necessary to ensure business continuity and protect employees. And remote work can be requested as part of a workplace adjustment for an employee with a disability or a family caregiver, in which case the employer must justify any refusal.

The employer's obligations

Equal treatment. The remote employee has the same rights as an on-site employee: pay, training, performance reviews, career advancement, access to union information, meal vouchers where the eligibility conditions are met.

Covering costs. The employer no longer has a general legal obligation to cover all expenses, but the obligation established by case law 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 contribution-exemption limits set by the French social security administration.

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

The right to disconnect. It must be organized, with defined availability windows. Its absence is the point most frequently flagged, and it ties in with the question of tracking working time discussed in our article on overtime.

Workplace accidents at home

This is the most misunderstood point, and the one most favorable 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 does on-site.

It is up to the employer or the insurance fund to rebut this presumption by showing that the accident belonged to the personal sphere. This burden of proof, difficult to meet, explains why reporting the accident is the rule and challenging it the exception. Formalizing work 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 notice to employees, consultation of the works council.

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

Permitted monitoring is based on results and progress check-ins, not on surveillance of the workstation itself. This requirement echoes the one applicable to trackers and data collection, addressed in our article on consent to cookies and trackers.

Usage scenarios

Implementation without a collective agreement. Formalize it in writing, covering the days worked remotely, the location, availability windows, and the conditions for reversibility. This last point avoids most disputes when returning to on-site work.

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

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

Frequently asked questions

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

Can an employee refuse remote work? Yes, and that refusal is neither misconduct nor grounds for termination.

Must the employer pay expenses? The employer 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 French social security administration.

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 falls to the employer or the insurance fund.

Can a remote employee 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 mandatory when remote work results from an agreement or charter, but a written document is still strongly recommended: it is what establishes the agreed terms in the event of a dispute.

Key takeaways

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

The rest — equal treatment, expense coverage, the duty of safety — follows from the general law governing employment contracts, which applies at home exactly as it does in the office.