New Ways of Working

Explore and keep track of key legal and compliance considerations for multinational employers as new ways of working become increasingly embedded as the pandemic begins to recede. Learn more about the response taken in specific countries or build your own report to compare approaches taken around the world.

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01. Has the government introduced any laws and/or issued guidelines around remote-working arrangements? If so, what categories of worker do the laws and/or guidelines apply to – do they extend to “gig” workers and other independent contractors?

01. Has the government introduced any laws and/or issued guidelines around remote-working arrangements? If so, what categories of worker do the laws and/or guidelines apply to – do they extend to “gig” workers and other independent contractors?

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France

  • at Proskauer Rose
  • at Proskauer Rose
  • at Proskauer Rose

The first French law on teleworking was adopted on 22 March 2012. It was subsequently modified by an ordinance dated 22 September 2017. Today, three articles of the labour code cover the implementation and the functioning of teleworking (articles L. 1222-9 to L. 1222-11). In addition, two national collective agreements were concluded between employers' representatives and trade unions in 2005[1] and 2020.[2]

The definitions of teleworking given by article L. 1222-9 and by the agreement of 19 July 2005 provide that the rules on teleworking only apply to employees with an employment contract. These rules do not apply to self-employed workers.


[1] National collective agreement on Teleworking – July 19, 2005

[2] National collective agreement for a successful implementation of teleworking – November 26, 2020

Last updated on 21/09/2021

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Ireland

Ireland

  • at Littler

The General Scheme of the Right to Request Remote Working Bill 2022 (the “General Scheme”) was published in January 2022 (see here).  Once enacted, the legislation, will introduce a legal framework in Ireland for employees to request remote working arrangements.

The General Scheme provides an overview of what is likely to be contained in the Right to Request Remote Working Bill.  It is proposed that all workplaces will be required to have a remote working policy, specifying the manner in which remote working requests will be managed, the time frame in which a decision will be made and the specific terms which will apply to remote working arrangements.  Failure to do so may result in a fine of up to €2,500.  It is proposed that employers will be required to bring this policy to the attention of employees on commencement of employment and at least annually thereafter, or when amended.  

The General Scheme provides that employers will be permitted to decline a request for remote working were satisfied that, in its view, the request is not suitable on business grounds.  The General Scheme sets out a list of non-exhaustive business grounds.  It is proposed that employers will be required to respond to requests within 12 weeks.

In line with most Irish employment protections, it is anticipated that this right will be limited to employees only, and so will not extend to independent contractors or “gig” workers who are not employees.

The legislation is expected to be finalised and implemented later this year, with plans to develop a code of practice to provide employers with further guidance.  In the meantime, the government has introduced guidance for working remotely (see here) and a remote working checklist for employers (see here).

Last updated on 16/08/2022

02. Outline the key data protection risks associated with remote working in your jurisdiction.

02. Outline the key data protection risks associated with remote working in your jurisdiction.

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France

  • at Proskauer Rose
  • at Proskauer Rose
  • at Proskauer Rose

Employers must ensure the protection of their company’s data but also of employees’ data.

According to article L. 1222-10 of the French labour code, the employer must inform the teleworking employee of the company's rules regarding data protection and any restrictions on the use of computer equipment or tools. Once informed, the employee must respect these rules.

The collective national agreement of 26 November 2020, provides more details in article 3.1.4. It is the employer's responsibility to take necessary measures to protect the personal data of a teleworking employee and the data of anyone else the employee processes during their activity, in compliance with the GDPR of 27 April 2016 and the rulings of the National Commission for Technology and Civil Liberties (the CNIL).

The CNIL said in its 12 November 2020 Q&A on teleworking that employers are responsible for the security of their company's personal data, including when they are stored on terminals over which they do not have physical or legal control (eg, employee's personal computer) but whose use they have authorised to access the company's IT resources.

The National Agreement of 26 November 2020 recommends three practices:

  • the establishment of minimum instructions to be respected in teleworking, and the communication of this document to all employees;
  • providing employees with a list of communication and collaborative work tools appropriate for teleworking, which guarantee the confidentiality of discussions and shared data; and
  • the possibility of setting up protocols that guarantee confidentiality and authentication of the recipient server for all communications.
Last updated on 21/09/2021

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Ireland

Ireland

  • at Littler

The Data Protection Commissioner has issued guidance on the protection of personal data when working remotely (see here).

The key risks identified relate to protecting and preventing access to laptops, USBs, phones, tablets and other devices; emails; using unsecured networks to transmit data or to access company networks; and ensuring the security and confidentiality of hard-copy documents.

Employers should update data protection policies to take account of remote working and should also consider any data protection issues that may arise from an employee moving to work outside of Ireland.

Last updated on 21/09/2021

10. Are there some workplaces or specific industries or sectors in which the government has required that employers make access to the workplace conditional on individuals having received a Covid-19 vaccination?

10. Are there some workplaces or specific industries or sectors in which the government has required that employers make access to the workplace conditional on individuals having received a Covid-19 vaccination?

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France

  • at Proskauer Rose
  • at Proskauer Rose
  • at Proskauer Rose

Please see above (questions 8 and 9) regarding the workplaces and specific industries concerned by making the access to the workplace conditional on individuals having received a Covid-19 vaccination.

Last updated on 21/09/2021

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Ireland

Ireland

  • at Littler

No.  However, guidance issued by the Data Protection Commissioner (see here) provides that vaccination may be considered a necessary safety measure in certain circumstances, including the provision of healthcare services.  The HSE (the largest employer of healthcare workers in Ireland) has been permitted to seek information about employee’s vaccination status to assess any potential risk to patients and other employees.

Last updated on 16/08/2022