Teleworking and employment law: what HR managers need to know in 2025

Telecommuting has established itself as an essential organizational mode in the French business landscape. Spearheaded by the health crisis of 2020, it is now favored by many employees and employers alike, offering greater flexibility and a better quality of life. However, its widespread adoption raises a number of legal and organizational issues for HR departments.

What are companies' legal obligations? What are the legal risks to avoid? How can you ensure compliant and efficient teleworking? This article gives you a complete overview of the rules to be respected and the best practices to adopt in 2025.

Over the past few years, labor law has evolved to provide a framework for telecommuting and prevent abuses. In 2025, HR managers need to master several essential rules.

Employers have a number of responsibilities towards teleworking employees:

✅ Formalizing teleworking: A collective agreement or charter is mandatory to organize teleworking within the company. It must specify the conditions of eligibility, the frequency of teleworking, the procedures for monitoring working time and the equipment provided.

✅ Ensuring employee health and safety: The employer must ensure that the employee's workstation is suitable and ergonomic. He must also prevent psychosocial risks linked to isolation.

✅ Respect the right to disconnect: Since the 2017 Labor Law, companies must implement measures to ensure that rest and disconnection times are respected.

✅ Provide and maintain the necessary equipment: The employer must ensure that the employee has the appropriate computer equipment and cover, where applicable, certain teleworking-related costs (internet connection, electricity, etc.).

Telecommuting employees enjoy the same rights as those working face-to-face. These include:

Right to equal treatment: A teleworking employee cannot be discriminated against in terms of pay, bonuses or career development.

Right to social protection: If an accident occurs while teleworking, it is recognized as an accident at work.

Right to privacy: Employers may not excessively monitor remote employees. Any monitoring measures must be proportionate and justified.

While telecommuting offers many advantages, it also presents legal risks that need to be anticipated.

 The risk: The absence of a clear framework can lead to unpaid overtime or make it difficult for employees to separate their professional and personal lives.
 

✅ Solution : Set up working time monitoring tools and remind employees of their working hours. Introduce time limits for sending work-related e-mails.

 The risk: A telecommuting employee may injure himself at home. How do you determine whether the accident is really work-related?
 

✅ Solution: Require an affidavit from the employee concerning the adaptation of his or her workstation, and provide ergonomic and safety recommendations.

 The risk: Teleworking increases the risk of data leakage and cyber-attacks.
 

✅ Solution: Train employees in good cybersecurity practices, impose the use of VPNs and secure connections, and restrict access to sensitive information.

HR managers have a key role to play in the implementation of efficient and secure teleworking. Here are a few best practices to follow:

A well-constructed charter must specify :

Conditions of access to telework (eligible positions, frequency, terms and conditions)
Obligations of employees and employers
Rules for managing working time and disconnection
Work and communication tools used

Teleworking can lead to isolation and an increased mental workload. It is essential to : 

✔️ Organize regular meetings to maintain social ties.
✔️ Encourage the right to a break and limit excessive videoconferencing
✔️ Offer mental health and wellness resources

Poor management can quickly turn telecommuting into a source of stress. To avoid this:

 Trust employees: Avoid micromanagement and introduce results-based management rather than surveillance.

Promote transparent communication : Use collaborative tools and encourage regular exchanges.

Define clear objectives : Give precise missions with realistic deadlines to avoid misunderstandings.

Teleworking is no longer an option, but an enduring reality in the professional world. Companies must now fully integrate it into their organization and adapt to current legislative changes.

By 2030, we can expect :

A stricter framework for the right to disconnect
Broader recognition of hybrid teleworking
More stringent cybersecurity obligations

HR departments need to anticipate these developments now, and put in place appropriate teleworking policies to guarantee both legal compliance and employee well-being.