Key points
- Identify when the arrangement falls within the Federal Labour Law's telework chapter.
- Document conditions, equipment, costs and safety measures at the agreed location.
- Coordinate disconnection, proportionate supervision, training and review of changes.
Determine the applicable regime
Article 330-A of the Federal Labour Law covers employment performed for more than forty per cent of working time at the employee's home or a location chosen by the employee, primarily using information and communication technologies. It excludes occasional or sporadic work. Calling an arrangement hybrid does not replace that assessment. [1]
The company needs to understand the actual allocation of time, duties and agreed working locations. An inventory by role can distinguish permanent arrangements from exceptional situations. It also helps identify differences between contracts or policies and actual practice, without assuming that every connection made outside the office amounts to telework.
Document conditions and resources
The law requires written conditions and regulates obligations concerning equipment, maintenance, telecommunications costs and the proportionate cost of electricity, among other matters. Telework must be included in the collective agreement where one exists, or in internal work regulations otherwise. Informal permission is insufficient to organise all these conditions. [1]
For administration, the company should identify equipment supplied, technical support, agreed costs, working hours and communication channels. Documents should align with information security policies and the conditions actually authorised. A change of address, frequency or duties may require the agreement and preventive measures to be reviewed.
Assess health and safety
NOM-037 requires a written telework policy and provides for validation of conditions using a checklist. Physical inspection of the location requires the employee's authorisation; the standard provides an alternative through self-completion of the checklist and, where appropriate, remote verification. Self-assessment does not transfer the employer's responsibility to the employee. [2]
Assessment should address risks at the agreed location and lead to follow-up on the conditions identified. Checks, completed measures and updates following changes should be retained. A photograph of a desk or the supply of a chair, considered separately, does not establish that every applicable element has been addressed.
Coordinate supervision, disconnection and training
The law recognises disconnection at the end of the working day and requires supervisory technology to be proportionate and respect privacy. Cameras and microphones may be used for supervision only exceptionally or where the nature of the duties requires it. Supervision should focus on the work rather than continuous surveillance. [1]
NOM-037 requires health and safety training at least once a year. The company can coordinate follow-up with review of incidents, support arrangements and changes of working mode. Sustaining that coordination enables human resources, IT and health and safety functions to administer telework with clear responsibilities and current supporting evidence. [2]
Sources consulted
- Federal Labour Law Articles 330-A to 330-E, 330-G and 330-I; Article 330-E, paragraphs I, III and VI.
- NOM-037-STPS-2023, Telework—Occupational safety and health conditions Sections 5.1, 5.2, 5.4, 5.5, 5.5.1, 5.9 and 6.1, and chapter 8; first transitional provision.
General information. Application to a particular matter requires assessment of its circumstances and the provisions in force.
