Telework: their employer refuses to strengthen it, these employees and officials tell

By fashionlifeshopping 18/08/2022 887 Views

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Absent barrier gestures, in addition to a minimum telework

If the situation of Fatou* is to be regretted, working conditions are even more dramatic in other small businesses, where barrier gestures to ensure the safety of employees on site are not even assured.This is the case of Nathalie*, an employee in a Parisian communication agency employing around thirty people.Since September, employees have only been entitled one day of telework per week (against three, or even four days before).Above all, "since March 2021, there have been three cases of serious covid in our agency, which have each time caused other contamination in the workplace".Despite this, “despite our close proximity to restricted open spaces in size, despite the absence of a real dining room (we have lunch on a large table in the middle of the open space), the director persists in notNot granting more teleworking, "denounces Nathalie, according to whom“ part of the employees (among the youngest) never respect the instructions for the limitation of convivial gatherings at the workplace.Several afterworks take place every week, within the offices ”.

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In the largest companies too, the policy adopted in terms of telework, but also more generally to ensure the safety of employees, has trouble passing by these.Jordan*, employee of Perial Asset Management, a SCPI management company which employs 180 employees, regrets having the right to one day of telework per week now.A rhythm that has been put in place before the outbreak of the epidemic, and which has not been modified since the government's call to strengthen telework."Our activity in real estate requires face -to -face, especially in the end of the year.Annual fences involve reinforced teamwork, and our new premises allow us to bring them together in good conditions, "defends Chris Hutin, secretary general of the Perial group, before adding that" we have gathered our management committee andWe consulted the social and economic committee last Friday, which validated our policy with one day of telework per week.A new meeting is planned with the CSE in January, we will see at this time whether it is necessary to adapt our policy ”again”.However, for his part, Jordan* tells us that "the CSE regularly claims more days of telework, but these are still refused".

Beyond the telework, this employee of Perial Am denounces the organization in flex office in the offices, in full pandemic, to which is added "a non-compliance with the port of the mask.Nothing is done to oblige employees: we are sent recall emails, but no sanction is taken ".However, on the management side, we assure that “all the barrier gestures are in place: we make freezing, we offer masks to our employees, we had until recently a thermometer at the entrance to take theemployee temperature ”.Regarding the Flex Office, it has been in place “Since September 2020, the date on which we have moved to our new premises.However, we have planned to maintain a fixed position for each employee.Above all, due to the health crisis, we authorize employees not to change space for the moment, and therefore to keep the same position since our move, ”explains Chris Hutin.

The particular case of employees whose profession is traditionally not considered teleworking

For employees occupying a position which, before the crisis, was not considered to be remotely teleworking, the situation is even more delicate.This is the case of Djibril*, employee of Maison Thiriet, brand of frozen, and whose job is to make home delivery as well as sales by phone.“I call my clients for two days and I deliver them the next two days.My calls can very well be made in teleworking, as was made from November 2020 to September 2021.The results were very satisfactory and the employees very happy to telework.However, at the end of the government obligation (on September 1, note), the Thiriet company forced all the employees concerned to return to make their calls to the office in order, according to their words, to have the emulation of asales room and therefore make more figures.Since the recent government recommendations (early December, note), Thiriet categorically refuses to put us back on telework until the government is forcing it, ”he denounces.

Without explaining why he did not decide to put in place a few days of telework in place for the tenders who wish, the group tells us that since “Maison Thiriet intervenes in the field of food, and in particularfood distribution (home delivery and shops), teleworking is not suitable for these trades, which have not been affected by telework or confinement.However, possibilities have been given to teleworking sellers to 2020 in terms of their sales sessions (only 25% of delivery sellers chose this option, given their delivery activities) ”.

For Djibril*, the situation is all the more problematic since in its deposit, “we currently have two cases of Cavid, our premises are poorly ventilated and dilapidated and to top it all are wet (water flowing along the walls at the'Even interior of offices and molds) ”.On the group side, however, it is assured that “the Thiriet house applies strict respect for the health protocol in all establishments.There has been an extremely limited number of Covid cases within the company since the start of the crisis, due to this extremely strict crisis management ”.The management however admits the problematic situation specific to the Djibril deposit."A single establishment has encountered a problem of water infiltration following a violent thunderstorm which generated significant damage.This is a center in Lyon.The technical teams intervene following the tear of the PVC membrane.This is a punctual incident in an isolated center that generates substantial work and in particular the change in the membrane, "we are told.

Télétravail : leur employeur refuse de le renforcer, ces salariés et fonctionnaires racontent

Other profiles of employees for whom it is particularly complicated (if not impossible) to obtain telework now: bank advisers.The proof with two concordant testimonies, of two agency advisers at LCL."We have laptops, VPN to work at home, a landline phone on the computer, and all the processes to work remotely.However, my employer refuses to put telework, we had in the first confinements, forced and forced.But the HR service argues the policy implemented by the group (mask, social distancing, cancellation of events ...) ”, denounces Karim*, advisor to LCL Banque.

In the immediate future, the LCL group therefore does not plan to use telework for agency advisers.“Currently, negotiations concerning telework are underway between management and unions.And this, for the whole business.These negotiations, in the continuity of an existing agreement, began before the latest government announcements.Pending the finalization of negotiations, the current remote work organization is this: for support functions, back office and LCL centers my contact, two days of remote work per week, with respecta rigorous health protocol in the premises;and 100% face -to -face for the network with also application of a rigorous health protocol (barrier gestures, masks available, etc.) ”, explains the group.What to tense and cause the misunderstanding of agency advisers.“We have received an email from our HRD indicating that this time, only the support and back office functions will be affected by the telework.While in agency, we have teleworked during the first confinements while doing our work correctly, with remote meetings, in Visio in particular ”, deplores Pierre*, private customer advisor.

Public employers are far from good students

Supposed to be exemplary in this area, some public employers are also pointed out.However, in a question/answer document dedicated to employers and updated on December 8, the Ministry of Public Transformation and Function is clear: “In the context of epidemic recovery, the target is three days in the functionstate public."An instruction that is not followed by all public employers.Sandra*, administrative assistant within the Ministry of National Education and therefore State official, has no right to any day of telework, while her administrative tasks would however lend themselves to it."Our hierarchical superiors are ostrich, they do not approach the subject and are even against telework," she denounces.

Alban*testifies for his wife, who is a state official within one of the Departmental Services of National Education (DSDEN) attached to the Academy of Normandy, and who could televail three toFour days a week.She did not manage to obtain one day of teleworking (excluding sanitary measure) and “her management (secretary general) has just refused her a second day of health teleworking in the context of current health measures (refusal to all the service, this is not a personal measure) ”.But between the Ministry of National Education and the Academy of Normandy, we refer the ball.Contacted, the Academy of Normandy thus directs us to the Ministry of National Education, because it is at its level that the instructions are given.For its part, the ministry asks us to see with “the services directly, as close as possible to the agents”, and refuses to react to personal and specific situations.

At the National Center for Spatial Studies (CNES), a public organization which employs people with employee status and not civil servants, some employees could still telework three days (or even more) per week until the beginning of December, whilethat others did only two days.But since then, this pace has been revised, with two days of telework per week for all.At a time when the government is calling for teleworking, this decision goes wrong with employees who could teleworking more, even if it remains in the target of the executive.“So we have to come on site while the activity is 100% teleworked for most of us and we do nothing more on site.This generates situations at risk on the health level, but also on the nervous and psychological level.If even a state organization goes against common sense and the directive to increase telework, how to hope that the private follows ”, alerts Jamil*.

On the CNES management side, Pierre Ulrich, director of human resources, admits that there was, in fact, "a bad timing" in the implementation of this new policy.Let us put back in context.Throughout the summer of 2021, a transitional regime with three days of telework per week, or even more depending on the situation, was set up for the employees who could.Others on the other hand only remotely remotely tied up two days a week.During this period, "we decided to renegotiate with union organizations our" classic "telework agreement, outside the period of health crisis.We found that some employees could teleworking three days a week, while others could only do it two days.The trade union organizations therefore preferred to set up a cruise regime with a uniform right, with two days of telework per week for all ”, details Pierre Ulrich.In September, a new meeting was organized with the social partners to decide the date from which this cruise regime would come into force."At that time, the health situation was quieter than at present and we decided to apply it from the beginning of December," said the CNES HRD.

The implementation of this new agreement, which reduces the pace of teleworking for certain employees, which intervened at the same time as the government, has been reflected in reinforce the teleworking from two (or more).."But we stay completely online with what he asks, namely a target of two or three days of telework," defends Pierre Ulrich, before adding that "we have once again brought together union organizations, to knowIf it was necessary to suspend the application of the new agreement.We all admitted that it was difficult to review our organization, especially since in less than a week, we will close our two centers, from Paris and Toulouse, for the holiday season.If the health situation gets worse, we will have all the time to take new measures in January ”.

No law to impose telework

But how can we explain that so many employers, public and private, at the head of small or larger structures, do not follow the government's instructions in terms of teleworking to the letter?The argument that comes up regularly on the side of employers who categorically refuse to strengthen the work at a distance (see to put it back in place) is that they have in reality no obligation to do so.This is the case in the company of Roland*, project manager in computer science in Nantes, who could telework 100%."With the latest government recommendations, the discourse (from management, note) it is" no obligation, no additional telework ", he regrets.

Likewise for Sophie*, management controller within an SME in the industrial sector: “My post could easily be on telework four days a week.I also stayed in teleworking during all the containment phases in 2020.Only today, my employer takes refuge behind the "no obligation for the employer", deplores our employee, however asthmatic, a pathology that makes her a more risk person.Or Vincent*, employee of an SME specializing in nuclear maintenance: "a third of the staff performs" office work "(administration, support services)" and could therefore telework, at least partially.Until now, the company followed "more or less" the government recommendations, "by reluctant", he testifies."But today, the speech is as follows:‘ The government's recommendations are only recommendations, and have no legal value.""

And indeed, on this point, their employer is (unfortunately) not wrong."The health protocol in business has only a recommendation value, and not obligation," said Anne Leleu-summer, founder and partner of the Axel Avocats firm.In order to really impose telework, the government should, as required by certain trade union organizations and labor inspectors, go through law or a decree.What has never been done.When he speaks of "obligation" to resort to remote work, the government is in fact based on its interpretation of the labor code.The latter "obliges the employer to protect the health of his employees.Concrete translation is the rules that are in the health protocol in business, "explained Elisabeth Borne, on March 30, at the microphone of Europe 1.

How to act in the face of this situation

An interpretation of the executive which is therefore not really shared by all employers.If you are an agent of the public service and if your employer refuses to establish a minimum of days of telework and/or if he does not take concrete measures to ensure your safety (control of compliance with the port of the mask, made availablefrost, offbeat times, respect for physical distancing, etc..), you can alert unions on your situation, or even seize a social dialogue body (the joint administrative committee or the joint advisory committee) to try to obtain more days of teleworking.

In the private sector, you can alert representatives of your business staff (if there are any), who are "the first employee interlocutors", reports Anne Leleu-summer.They will then be able to try to put pressure on your employer, or go directly to report the situation to the labor inspection.If there are no staff representatives in your company or if they are not responsive enough, you can always contact the labor inspection yourself (and anonymously).On December 7, Elisabeth Borne announced the strengthening of the action of labor inspectors this month, to control respect for barrier gestures and the remobilization of companies on teleworking.In October, less than 1.000 checks have been operated on, according to the Minister of Labor.The goal is to now reach a rhythm of 5.000 checks per month.Since this announcement less than ten days ago, already “3.500 checks ”were carried out by the labor inspectorate, wanted to report Elisabeth Borne, this Thursday, December 16, on CNEWS.

"The labor inspectorate has the power of injunction (by carrying out an observation letter, editor's note), of formal notice, or even sanctions in the most extreme cases", explains Anne Leleu-summer.Labor inspectors can indeed go so far as to seize the judicial judge in summary proceedings to put an end to the risk, or even draw up a report of offense, which will be sent to the public prosecutor.But the labor inspectorate is faced with two problems: a lack of workforce first, with only 1.800 agents allocated to controls, according to a recent report from the Court of Auditors, and a vague legal framework, since the health protocol has no law.The proof with the Macif at the start of the year.The labor inspectorate was not satisfied with a formal notice and, last March - period at which the government was still called to resort to 100% telework when possible - it had assigned the mutual oflegal insurance to force him to use teleworking in agency more.But in a decision rendered in April, the Chalon-sur-Saône judicial court finally agreed to the Macif regarding its telework policy.

Note that in the worst case, if there is a real relaxation in terms of compliance with barrier gestures in your business (no freeze or mask order for several months, no telework set up, no schedulesoffbeat, etc..), you can go to the right of withdrawal, whether you are an employee or agent of the public service.In this context, if you believe that your situation at work exposes you to a serious and imminent danger for your health, you can leave your post.You must then inform your employer.If the right of withdrawal is justified and if the risk is recognized, you will be able to continue to perceive your remuneration normally and your employer must implement the actions necessary to put an end to the risks to which you were exposed.A resumption of teleworking activity can possibly have been offered, if your job allows.

* The first names have been modified.

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