Telecommuting: am I covered by my home insurance?
Do you work from home? Are you wondering whether or not you need to be insured specifically for teleworking, whether it is occasional or frequent? In this article, we take stock of whether you are properly covered for teleworking.
What situations qualify as teleworking?
With broadband and the development of collaborative tools (instant messaging, online document sharing and modification, etc.), teleworking has become easier. Faced with the multiplication of situations, the public authorities have undertaken to supervise teleworking.
Definition of telework
Teleworking in the private sector is defined as "a professional activity carried out in whole or in part outside the premises of the company at the request of the employee or the employer" according to the official website Service-public.fr. (1)
There are generally two forms of teleworking:
Regular teleworking (for example, two days of teleworking and three days of presence on site per week)
Occasional teleworking (for example, between two business trips or in the event of a sick child).
Telework supervision
The public authorities have supervised the implementation of teleworking in companies over the past few years. The deployment of teleworking is thus defined either by the conclusion of a collective agreement or by the establishment of a charter by the employer after consulting the Social and Economic Committee (CSE).
The collective agreement or, failing that, the charter drawn up by the employer must specify a certain number of points among which:
The modalities for switching to telework and the conditions for returning to the execution of the employment contract without teleworking;
The terms of acceptance by the employee of the conditions for implementing teleworking;
The conditions for controlling working time or regulating the workload;
The setting of the time slots during which the employer can usually contact the employee by teleworking;
The support offered to disabled workers in the specific context of teleworking.
Good to know
It is possible to use teleworking in the company even if one of these two conditions (the collective agreement or the charter drawn up) is not met. Teleworking can indeed be set up by mutual agreement between the employer and his employee. The two parties then decide to formalize this agreement by any means.
The rights of the employee in a telework situation
Teleworking is not an employee's right. It may therefore be that the profile of a position is not compatible with teleworking, while other professional categories may benefit from it within the same company. However, the employer is required to justify its decision in the event of a refusal to telework.
At the same time, the teleworker is deemed to have the same rights as the employee present in the premises of the company. This means that the employer must respect certain obligations, such as that of informing his employees of the restrictions in the use of the IT equipment and tools made available to them. If such restrictions exist, the employer must also specify to its teleworking employees the nature of the sanctions to which they are exposed. In addition, it is up to the employer to set, with his employees, the time slots during which they can be contacted. An annual interview should be organized with each of them. This interview relates in particular to the employee's working conditions and his workload.
Should I be insured in the event of teleworking?
In full development, teleworking generates new questions. Is an accident occurring at home during a period of teleworking considered an accident at work? What are the necessary insurance guarantees from the employee's point of view?
What employer insurance covers
Your company's professional multi-risk insurance can intervene to compensate for an industrial accident. This concept is specified in article L-1222-9 of the Labor Code: "An accident occurring at the place where teleworking is carried out during the exercise of the professional activity of the teleworker is presumed to be a work accident at meaning of Article L. 411-1 of the Social Security Code. In other words, employer insurance can compensate you if it is proven that you have suffered a loss in the context of teleworking. The employer's insurance can also intervene in the event of damage caused to professional equipment in the context of teleworking.
Your employer's professional insurance covers you, for example on your devices, if the computer provided by your company is stolen during a burglary or if the screens
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