Can a remote-work charter be signed electronically?

Yes, without restriction. Art. 1366 of the French Civil Code grants electronic writing the same probative force as paper. The 26 November 2020 ANI explicitly validated remote work and electronic-signature formalisation. No text mandates manuscript signature.

Collective agreement or charter?

The 22 September 2017 reform offers 3 options: (1) company collective agreement (negotiated with representative unions); (2) unilateral charter after works-council opinion; (3) individual agreement (by amendment to the employment contract). Collective agreement is legally more secure but slow to negotiate; charter is faster to implement but requires (non-binding) works-council opinion.

What must the charter mandatorily contain?

Per art. L1222-9: (1) conditions for remote-work entry AND return to on-site; (2) employee acceptance modalities; (3) working-time control modalities; (4) reachability time windows; (5) remote-work access modalities for disabled workers and pregnant employees. The 2020 ANI added: cost coverage, equipment, right to disconnect.

Must the employer cover remote-work costs?

Yes, per art. 7 of the 26 November 2020 ANI. Professional expenses incurred by the remote-working employee must be covered: equipment (computer, screen, headset), internet connection, electricity, phone subscription. URSSAF published an exemption scale (€2.60/day for 2024, capped at €57.20/month).

Can the works council block remote-work implementation?

No. The works-council opinion is CONSULTATIVE, not binding. The employer can override an unfavourable opinion, provided the works council was loyally consulted (project transmission 15 days before the meeting, reasoned response to observations). An unfavourable opinion has no direct legal effect but can be used in labour-inspection or labour-court disputes.

Which signature level: SES, AES or QES?

Advanced signature (AES) is the recommended standard for a remote-work charter. It provides presumption of reliability (art. 1367 CCiv) and SMS OTP identity verification — elements required for labour-inspection or labour-court contestation.

How long should the remote-work charter be kept?

5 years minimum from end of application (art. L1471-1 French Labour Code). In practice, lifelong retention recommended since the charter is the legal basis for each individual opt-in. Certyneo automatically archives 10 years, free of charge.

Is an electronically signed charter enforceable against an employee contesting their opt-in?

Yes. The eIDAS proof PDF of individual opt-in (employee identity, qualified timestamp, SMS OTP) constitutes irrefutable evidence. The employee can only contest their opt-in by demonstrating consent vice (art. 1130 CCiv) — extremely difficult to prove against an eIDAS audit trail.

Art. L1222-9 French Labour Code · 26 Nov 2020 ANI · eIDAS AES

Sign a remote-work charter online, in 2 minutes

Charter or collective remote-work agreement between employer and employees, signed electronically with the same legal value as paper. Compliant with art. L1222-9 to L1222-11 of the French Labour Code (post-2017 reform) and the 26 November 2020 ANI (national inter-professional agreement) — AES eIDAS signature, multi-signers (HR + employee representatives + benefiting employees).

Legal framework: Art. L1222-9 French Labour Code
Signature level: AES eIDAS recommended
Legal archive: 10 years

What is a remote-work charter?

The remote-work charter (or collective agreement) is the document formalising remote-work modalities in the company: eligibility (eligible positions, required seniority), days per week, equipment provided by the employer, cost coverage (art. 7 ANI 2020), right to disconnect (art. L2242-17), reversibility, accidents during remote work. Since the 22 September 2017 reform, remote work can be implemented by collective agreement OR unilateral charter after works-council opinion. The charter is NOT an individual amendment: it applies to all eligible employees, who can then individually opt in.

Why sign a remote-work charter electronically?

Structured multi-level workflow

HR/employer signs the charter → works council issues opinion (members sign) → benefiting employees opt in individually (signature). Our flow handles all 3 levels with individual SMS OTP and global audit trail — enforceable before the labour inspectorate.

Individual employee opt-in tracked

Each employee wishing to work remotely must opt in individually. Our flow generates a personalised link per employee, who signs their opt-in in 30 seconds from their phone. eIDAS audit trail to prove opt-in date.

Works-council opinion built in

Art. L1222-9 requires works-council consultation on the charter before implementation. Our flow generates the opinion form for the works council, signed electronically by elected members. Tracks the opinion (favourable, unfavourable, qualified) in the audit trail — critical evidence for labour-inspection dispute.

5-year archive + easy revision

The Labour Code (art. L1471-1) mandates 5-year retention. The charter is revisable anytime by amendment signed in the same flow. Complete history preserved to reconstruct remote-work policy evolution.

Sign a remote-work charter in 4 steps

From drafting the charter to employee opt-ins, in under 5 minutes per step.

1. Prepare the charter
Upload your PDF or draft from our L1222-9 + ANI 2020 template: eligibility criteria, days per week, equipment, cost coverage, right to disconnect, reversibility, accidents.
2. Works-council consultation
Our flow notifies works-council members and collects their opinion (favourable / qualified / unfavourable) with AES electronic signature. The consultation minutes are added to the charter file.
3. Employer signature + distribution
The employer representative signs the final charter. Our flow automatically distributes it to all eligible employees via personalised opt-in link.
4. Individual employee opt-in
Each employee wishing to work remotely signs their individual opt-in in 30 seconds from their phone. Individualised eIDAS audit trail. Charter + works-council minutes + opt-ins archived for 10 years.

Frequently asked questions

Can a remote-work charter be signed electronically?: Yes, without restriction. Art. 1366 of the French Civil Code grants electronic writing the same probative force as paper. The 26 November 2020 ANI explicitly validated remote work and electronic-signature formalisation. No text mandates manuscript signature.
Collective agreement or charter?: The 22 September 2017 reform offers 3 options: (1) company collective agreement (negotiated with representative unions); (2) unilateral charter after works-council opinion; (3) individual agreement (by amendment to the employment contract). Collective agreement is legally more secure but slow to negotiate; charter is faster to implement but requires (non-binding) works-council opinion.
What must the charter mandatorily contain?: Per art. L1222-9: (1) conditions for remote-work entry AND return to on-site; (2) employee acceptance modalities; (3) working-time control modalities; (4) reachability time windows; (5) remote-work access modalities for disabled workers and pregnant employees. The 2020 ANI added: cost coverage, equipment, right to disconnect.
Must the employer cover remote-work costs?: Yes, per art. 7 of the 26 November 2020 ANI. Professional expenses incurred by the remote-working employee must be covered: equipment (computer, screen, headset), internet connection, electricity, phone subscription. URSSAF published an exemption scale (€2.60/day for 2024, capped at €57.20/month).
Can the works council block remote-work implementation?: No. The works-council opinion is CONSULTATIVE, not binding. The employer can override an unfavourable opinion, provided the works council was loyally consulted (project transmission 15 days before the meeting, reasoned response to observations). An unfavourable opinion has no direct legal effect but can be used in labour-inspection or labour-court disputes.
Which signature level: SES, AES or QES?: Advanced signature (AES) is the recommended standard for a remote-work charter. It provides presumption of reliability (art. 1367 CCiv) and SMS OTP identity verification — elements required for labour-inspection or labour-court contestation.
How long should the remote-work charter be kept?: 5 years minimum from end of application (art. L1471-1 French Labour Code). In practice, lifelong retention recommended since the charter is the legal basis for each individual opt-in. Certyneo automatically archives 10 years, free of charge.
Is an electronically signed charter enforceable against an employee contesting their opt-in?: Yes. The eIDAS proof PDF of individual opt-in (employee identity, qualified timestamp, SMS OTP) constitutes irrefutable evidence. The employee can only contest their opt-in by demonstrating consent vice (art. 1130 CCiv) — extremely difficult to prove against an eIDAS audit trail.

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