France has embraced remote work at scale. According to INSEE, around 22% of private-sector employees worked remotely at least once a month in 2024, with that figure rising to 63% among executives and managers. Yet the legal framework governing télétravail remains one of the most detailed in Europe, and for foreign companies with employees in France, getting to grips with it is non-negotiable.
This guide covers the full picture: from the legal foundation and implementation mechanics, to expenses, working time, health and safety, data protection, and the specific considerations for businesses operating without a French entity.
What French Law Says About Remote Work (Télétravail)
The legal definition under the Code du travail (Article L1222-9)
Under French law, télétravail is defined as any form of work organisation in which tasks that could be performed on company premises are carried out, on a regular or occasional basis, at the employee's home or another location, using information and communications technology.
That definition matters for two reasons. First, it covers both regular remote arrangements (e.g. two fixed days per week) and occasional remote work (e.g. a day here and there by mutual agreement). Second, it draws a clear line: the work must be capable of being done on-site. Roles that are inherently field-based do not fall under the télétravail framework.
The core articles are L1222-9 to L1222-11 of the Code du travail, supplemented by the national interprofessional agreement (ANI) of November 2020, which clarified a number of implementation points following the pandemic.
Three ways to implement remote work: collective agreement, charter, or individual agreement
French law gives employers three routes to formalise remote work arrangements:
- A collective agreement (accord collectif) negotiated with employee representatives, the preferred route when a CSE or trade union is present.
- A unilateral telework charter (charte de télétravail) drawn up by the employer after consulting the CSE (if one exists), the most common route for companies without strong union presence.
- An individual written agreement, used for occasional remote work, typically formalised by email or letter, without requiring a charter or collective agreement.
For regular remote work, either a collective agreement or a charter is required. Individual arrangements on an ad hoc basis can remain informal provided they are agreed in writing.
The 2023 update: enhanced protections for disabled workers and caregivers
Law n°2023-622 of 19 July 2023 introduced two notable changes. Employees who are disabled or who act as informal caregivers now have a stronger right to request remote work, and employers who refuse must provide written justification. This does not create an absolute right to work remotely, but it does shift the burden of explanation onto the employer.
Employer Obligations Before Allowing Remote Work
What the telework charter or collective agreement must include
Whether you opt for a charter or a collective agreement, French law requires that the document covers seven specific points:
- The conditions under which remote work is permitted and may be ended
- The methods for determining and reviewing the number of remote-working days
- The employee's working time schedule and the time slots during which they must be reachable
- The equipment provided by the employer (or the conditions under which the employee may use personal equipment)
- Expense reimbursement arrangements
- Health and safety rules applicable at the remote workstation
- The conditions under which the employer can monitor working time and workload
For a company with fewer than eleven employees, no CSE is required, the employer can draft the charter unilaterally. Consulting the CSE is only mandatory when one exists.
Eligible positions: how to define who can work remotely
The charter should set out criteria for eligible positions rather than naming individual roles. Typical criteria include: whether the work can be performed independently without physical presence, whether the employee has adequate equipment and connectivity at home, and whether the role requires regular in-person collaboration.
Eligibility criteria must be applied consistently and objectively. A practical US-based example: an American tech company with three employees in France, all working fully remotely, would need to assess each role individually, a software developer and a customer success manager may both be eligible, but a field technician would not fall under the télétravail framework at all.
What happens when an employer refuses a remote work request
An employer is not obliged to accept a remote work request. However, if the company's charter or collective agreement provides for telework in a given role, and an employee in that role requests it, the employer must justify a refusal in writing. The requirement for written justification is more stringent for disabled workers and caregivers, as noted above.
Equipment, Expenses and Allowances
Who provides the equipment: and who pays for maintenance
As a general rule, the employer is responsible for providing the equipment required for remote work: a laptop, telephone, and any software licences. If an employee uses their own equipment, the employer must cover the additional costs this generates, typically through a flat-rate allowance.
Maintenance and technical support for employer-provided equipment remain the employer's responsibility. If the equipment fails and the employee cannot work, this is treated as force majeure, not as annual leave or unpaid absence.
The telework expense allowance: flat-rate vs. actual reimbursement (URSSAF rules)
URSSAF (the French social security collection body) sets the framework for how remote work expenses are reimbursed without attracting social security contributions:
- Flat-rate basis: €2.60 per day of remote work, up to a maximum of €57.20 per month, or €10.40 per week of remote work if calculated weekly.
- Actual costs basis: the employer reimburses documented expenses (electricity, internet, ergonomic equipment). This requires justification but has no cap.
In practice, many French employers pay a monthly flat-rate allowance of between €80 and €100, this amount is exempt from income tax up to €580 per year under URSSAF rules. For a practical calculation: an employee working two remote days per week generates €5.20 per week in allowance under the daily rate method, or around €22.53 per month.
Always verify current URSSAF thresholds before setting an allowance, as amounts are updated periodically.
Home office compensation when the company has no French premises
When a foreign employer has no office in France and the employee works from home full-time, the remote work allowance also compensates for the fact that the employee is using personal space for professional purposes. In this context, the allowance takes on additional significance: it covers not just electricity and connectivity but the occupation of domestic space. Several French companies in this situation pay a higher monthly allowance (sometimes up to €150) on an actual-costs basis, with supporting documentation.
Working Time and the Right to Disconnect
The 35-hour working week applies equally to remote workers
Remote work does not alter an employee's working time arrangements. A full-time employee on a standard contract is subject to the 35-hour week, exactly as if they were working on-site. Overtime rules, rest periods, and maximum daily working hours all continue to apply without modification.
For employees on a forfait jours (fixed-day arrangement, common among executives), the same rules apply remotely as on-site: the daily rest period of eleven hours, the weekly rest period, and the annual forfait jours interview on workload and work-life balance remain mandatory obligations. For a deeper look at French working time frameworks, including forfait jours mechanics, see our guide to working time frameworks in France.
Contact time slots: what employers must specify in writing
The charter or individual agreement must define the time slots during which the remote employee is expected to be reachable. This is not just a practical matter, it is a legal requirement. Specifying contact hours serves two purposes: it protects the employer (who can demonstrate the employee was available during agreed hours) and it protects the employee from being contacted outside those hours.
Best practice is to align contact slots with the employee's standard working hours, making clear that availability outside those hours is not expected.
The right to disconnect under Article L2242-17
The right to disconnect (droit à la déconnexion) was enshrined in French law in 2017. Article L2242-17 of the Code du travail requires employers to negotiate provisions on disconnection during company-wide annual negotiations, or, if no agreement is reached, to adopt a unilateral charter setting out how employees can disconnect outside working hours.
In practice, this means employers should communicate clearly that remote employees are not expected to respond to emails or messages outside their defined working hours. This is both a legal obligation and good management practice in a remote-first context.
Health, Safety and Work Accident Coverage
Employer duty of care extends to the home office
The employer's general duty of care (obligation de sécurité) does not stop at the office door. Under French law, it extends to every workstation, including the employee's home. This means employers must take reasonable steps to ensure that remote workers have a safe, ergonomically appropriate workspace.
In practice, this typically involves:
- A self-assessment questionnaire that the employee completes before starting regular remote work (covering seating, lighting, electrical safety)
- Guidance on ergonomic setup
- Access to the same occupational health services (médecine du travail) as on-site employees
Work accident presumption: accidents at home during work hours are covered
This is one of the most significant, and often overlooked, points in French télétravail law. Any accident that occurs at the employee's home during their declared working hours is presumed to be a work accident (accident du travail), unless the employer can demonstrate otherwise.
The practical consequence: if an employee slips in their kitchen while working from home on a Tuesday morning, this is treated as a workplace accident, not a domestic incident. The employer's insurance covers it, and the employee is entitled to the same protections as if the accident had occurred at the office.
For employers, this reinforces the importance of the home self-assessment process and maintaining clear records of working hours.
Annual interview obligation (Article L1222-10)
Article L1222-10 of the Code du travail requires employers to conduct at least one annual interview with each remote employee. The interview must cover:
- Working conditions in the remote setup
- Workload and its management
- Maintaining a work-life balance
- Career development (to ensure that remote working does not disadvantage the employee professionally)
This interview is separate from any performance review and should be documented.
Data Protection and IT Security Obligations (RGPD / CNIL)
Employer responsibility for employee data processed remotely
Under the GDPR (implemented in France as the RGPD), the employer remains the data controller for all personal data processed by employees in the course of their work, regardless of where that work takes place. This responsibility does not diminish when an employee works from home.
Practically, this means the employer must ensure that remote work arrangements do not create new data protection risks: unencrypted connections, unsecured home networks, or the use of personal devices for professional purposes without adequate controls.
CNIL guidance: what surveillance is permitted: and what is prohibited
The CNIL (France's data protection authority) has issued specific guidance on employee monitoring in remote work contexts. The key principle is proportionality: monitoring tools must be limited to what is strictly necessary for a legitimate professional purpose, and employees must be informed in advance.
Permitted: keystroke logging for specific security purposes (with prior notice and CNIL registration), checking that employees are connected during working hours, monitoring access to professional systems.
Not permitted: continuous video surveillance of remote workers, real-time screen capture without explicit justification, tracking of employees' physical movements at home. The CNIL has sanctioned employers for disproportionate remote surveillance, with a published decision involving a €40,000 penalty for a company using excessive screenshot monitoring. The lesson is not that surveillance leads to penalties, it is that proportionate, declared monitoring protects both parties and keeps the relationship working smoothly.
Practical security measures to communicate to remote workers
As part of the employer's duty under the RGPD, the following should be communicated in writing to all remote workers:
- Use employer-provided VPN for all professional connections
- Lock the screen when stepping away from the workstation
- Do not use personal email accounts for professional data
- Store professional files on secure employer systems, not personal cloud storage
- Report any security incident immediately
These measures should be incorporated into the telework charter or a separate IT security policy, and employees should acknowledge receipt in writing.
Remote Work for Foreign Companies Employing in France
Does French law apply when there is no French entity?
Yes. French employment law applies to any employee who habitually works in France, regardless of where the employer is incorporated. This is established by EU Regulation No. 593/2008 (Rome I) and confirmed by French case law.
A US, UK, or Australian company employing a French resident who works from home in France cannot apply its home-country employment law in lieu of French law. The employee benefits from the mandatory protections of the Code du travail in full, including the télétravail framework described throughout this guide.
Cross-border telework and EU social security framework (50% rule)
For employees who split their remote work between France and another EU country, for example, a French resident who spends two days per week working from a home in Belgium, the EU framework agreement on cross-border telework applies. In force since 1 July 2023, the agreement allows an employee to remain affiliated to their country of residence's social security system even if they perform up to 49.9% of their working time in another EU member state.
The practical implication: if an employee works more than 50% of their time in France, French social security applies, and the employer's URSSAF obligations remain unchanged. If the employee crosses the 50% threshold in another country, a certificate of coverage (A1 form) may be required and social security contributions may need to be split. This is a specialist area, and one where getting the setup right from the start avoids administrative complexity down the line.
Getting Remote Work Right in France
The French télétravail framework is detailed, but it is workable. The core obligations, a written charter or agreement, clear expense reimbursement, defined working hours and contact slots, and an extended duty of care, are all manageable with the right processes in place.
For foreign employers, the additional layer of complexity comes from applying French law without always having in-house French HR expertise. Whether you are structuring a remote arrangement for a first hire in France or reviewing your existing practices against the 2023 updates, a clear understanding of the rules is the foundation for a smooth, sustainable remote work policy.
