Teleworking 2026: Legal Rights and Obligations

Teleworking 2026: Legal Rights and Obligations

Teleworking has become permanently established in the French professional landscape. In 2026, nearly 40% of employees in the tertiary sector will benefit from at least one day of teleworking per week. This method of organization, governed by articles L.1222-9 to L.1222-11 of the Labor Code, requires both employers and employees to respect a precise legal framework. Recent legislative and jurisprudential developments from 2025-2026 have strengthened obligations in terms of the right to disconnect, coverage of professional expenses and equal treatment. HR services must now master these new requirements to secure their practices and prevent labor disputes.

The legal framework for teleworking in 2026Since the ordinance of September 22, 2017 and the ANI of November 26, 2020, teleworking is based on the principle ofdouble volunteering ⬥⬥⬥. Its implementation can be carried out by collective agreement, unilateral charter after consultation with the CSE, or simple formalized agreement between the employer and the employee (email, amendment). In 2026, the case law of the Court of Cassation (Cass. soc., March 12, 2025) confirmed that a refusal of teleworking by the employer must bedouble volunteering ⬥⬥⬥. Its implementation can be carried out by collective agreement, unilateral charter after consultation with the CSE, or simple formalized agreement between the employer and the employee (email, amendment). In 2026, the case law of the Court of Cassation (Cass. soc., March 12, 2025) confirmed that a refusal of teleworking by the employer must bejustified in writing ⬥⬥⬥, under penalty of presumed discrimination.

The eligibility conditions must beobjective and non-discriminatory ⬥⬥⬥: compatibility of the position, sufficient autonomy, minimum seniority. The agreement must specify the time slots for reachability, the methods of controlling working time, and the conditions of reversibility.The employer's obligations

The employer retains all of its obligations towards the teleworker. He must in particular:

The employer retains all of its obligations towards the teleworker. He must in particular:

• Pay professional expenses ⬥⬥⬥: electricity, internet connection, supplies. In 2026, URSSAF admits a flat rate of €2.70/day (€10.70/week) exempt from contributions.Provide and maintain the necessary
• equipment (computer, software, secure access).Guarantee health and safety ⬥⬥⬥: risk assessment in the DUERP, prevention of PSR linked to isolation.
• Respect the right to disconnectRespect the right to disconnect
• (article L.2242-17 CT), with reinforced sanctions in the event of repeated requests outside of working hours.Ensure equal treatment ⬥⬥⬥: identical access to training, promotion, social benefits.
• The rights of the teleworking employeeThe teleworker benefits from the

The teleworker benefits from the

same rightsas the face-to-face employee: working hours, rest, leave, remuneration. They also have the right to return to face-to-face work and priority access to positions without teleworking. Since the law of July 19, 2023 reinforced by decree in 2026,caring employees, parents of children under 12 years old and disabled workersbenefit from a presumption of eligibility: their refusal must be specially motivated.An accident occurring at home during teleworking periods is

An accident occurring at home during teleworking periods ispresumed to be a work accident(article L.411-1 CSS), reversing the burden of proof to the detriment of the employer.

Sanctions and litigation

Failure to comply with the legal framework exposes the company to civil (refund of expenses, damages) and criminal sanctions. In 2025, industrial tribunals issued more than 3,200 decisions relating to teleworking, mainly on unreimbursed professional expenses and breaches of the right to disconnect. Average compensation ranges between €3,000 and €15,000.