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Teleworking: recalcitrant companies will be fined up to 1,000 euros per employee

« The government is considering a fine of 2,000 euros per employee for companies that do not apply the new measures relating to teleworking. It’s amazing and so typical of this country where business leaders are often singled out! »Gets carried away Eric Chevée, Vice-President for Social Affairs at the Confederation of Small and Medium-Sized Enterprises (CPME).

With the explosion in the number of contaminations, more than 200,000 cases in the last 24 hours, the government has made telework compulsory in companies from the start of the school year, at a rate of “three days minimum per week and four days when that is possible “. Control procedures will be simplified in order to sanction companies that do not respect this rule.

Minister of Labor Elisabeth Borne has, indeed, announced today on LCI an administrative fine of up to 1,000 euros per employee, up to a limit of 50,000 euros. A measure that greatly worries the employers. “It can ruin a small business. We have the iimpression that business leaders are responsible for all ills when there are very few clusters in business »Continues Eric Chevée.

Pare sure that this measure is reflected in the final text

If the CGT welcomes this news, the union is not convinced of its application. According to the entourage ofElisabeth Borne, an amendment to the bill on the vaccine pass, currently under consideration in Parliament, will be tabled by the end of the week. Objective: to ratify the sanction of recalcitrant companies.

Most “The law will come into force in mid-January while teleworking is compulsory from January 3” notes Baptiste Talbot, member of the CGT executive board. Senator LR Serge Babary, chairman of the business delegation also points to this timing issue: “She is not am not sure that this measure is reflected in the final text ».

For the representative of CPME, rather than forcing teleworking, the government should have called for the responsibility of business leaders. Same story with Senator Touraine: « You have to trust them. The corporate health protocol validated by the social partners and the Ministry of Labor is there to provide a framework for teleworking. »

This document defines the positions teleworkable and those who are not. Business leaders fear that with the new announcements, the government will go beyond what has been circumscribed. Because who says sanction, says control. In this case, it is the labor inspectors who will decide.

« However, the perception of a teleworkable position or not is not the same for a business manager or a labor inspector. »Specifies the chairman of the senatorial delegation to businesses.

And Serge Babary to add that this measure risks creating a problem of intrusion of the inspectors in the work of the leaders, and that will arise, in any case the question of the number of labor inspectors available for this new mission.

Clearly, the translation of the device in the field is not won. CPME intends to demand more flexibility in the indications that will be sent to labor inspectors.

Telecommuting is not a panacea

As for the said corporate health protocol, it was modified this Thursday, November 30 in order to include the obligation of “a minimum number of three days of teleworking per week, for the positions which allow it”. Question of consistency with the three mandatory days in the public service.

The CGT union is skeptical about the notion of obligation. “It is very difficult to set up teleworking in some companies and it is not the answer to everything” criticism Baptiste Talbot. This idea that teleworking is not a panacea makes everyone agree. Especially since only 40% of jobs are affected. Senator Serge Babary even finds that there is an exaggeration: “It’s wrong to believe that teleworking will solve the Covid problem at work. It is a lever but it is not the only one ».

Patrick Martin, deputy chairman of Medef, confided on Tuesday on France info :

“We know that many employees no longer want it, that this creates fractures between” white collar “and” blue collar “, it poses operational problems and it can especially create environmental problems in the company”.

It is precisely because of these difficulties and the consequences for the employees who would suffer from the isolation created by this way of working that the CGT did not sign the national interprofessional agreement (ANI) of November 26, 2020 implementation of teleworking. « It is a necessary device to protect some of the employees but it must be organized in consultation with the staff representatives. »Defends Baptiste Talbot.

« The duration of employee isolation is fundamental »

The other subject that worries employers and unions remains the duration of the isolation of employees. Today, a person positive for covid must isolate yourself ten days from the first symptoms. A period to which can be added 48 hours of isolation in case of temperature on the tenth day. Given the contagiousness of the Omicron variant, a contact case must isolate yourself for seven days (or 17 if they share the home of the infected person), even if you are fully vaccinated.

« More than the fine, it is the duration of employee isolation that is fundamental for the economy ” highlighted Eric Chevée. The company manager offers more simplicity in the isolation of positive employees and contact cases.

« I wait for the doctors to take their responsibility. We can’t agree to lock everyone up for three more weeks » he pleads.

For Serge Babary too, too strict isolation rules would disrupt company life. « In the service, manufacturing, catering or hotel trades, we can’t stop everything like that. It is not manageable. Employees need to work as a team, and to see each other Said Senator LR.

On the union side, the CGT points to another contradiction in government policy. “By anticipating a reduction in the durations of solitary confinement as the employers insist, the government again clearly favors the good functioning of the economy, thus considering to run potential risks as regards the health of the workers. employees and more generally of the population ”denounces the union in a communicated published on its site.

Beyond the desire to fight against the epidemic, Baptiste Talbot sees in the latest government statements “Communication and political display”. For the trade unionist: “The government and employers must take their responsibilities in order to protect all employees, those who will be teleworking but also those who will continue face-to-face. »

“Read also. Teleworking: companies still “cautious” or even “reluctant” according to a study by Anact

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