COVID-19 – France ends compulsory working from home

Update 12 April 2022

Remote working regulations:

Since 2 February 2022, employers are no longer required to set a minimum number of days of remote working so, legally speaking, employees may return to the office on a full-time basis. However, most companies are taking a cautious/progressive approach as remote working remains recommended.

Employers just set the terms and conditions of how remote working is organised, within the framework of social dialogue (ie with employee representatives). The guidelines remind employers that they must ensure collective links are maintained within the company and prevent the risks linked to the isolation of employees working remotely.

Workplace access and occupancy restrictions: return to the office must be organised in compliance with the collective prevention measures within the company and the barrier measures for protection against Covid-19.

As of 14 March 2022, the National Protocol no longer applies and was replaced by a "Guidebook". As it stands, this Guidebook has lightened the requirements for protective measures and provides that:

• employees may continue to wear a mask, without the employer being able to object
• compliance with hygiene measures is recommended: hand washing, cleaning of surfaces, ventilation of premises
• a reminder of the general principles of prevention.

The decree of 12 March 2022 also removed social distancing from the list of barrier gestures.

Face masks: The decree of 12 March 2022 provides that as of 14 March 2022, the wearing of masks is no longer required in any of the places where it was required, except:

• public transport
• health and medico-social establishments still subject to the health pass, where the mask may be required for people aged 6 or over
• the mask may also be imposed in all the premises accessible to the patients in the places of exercise of medical professions, in the pharmacies, the laboratories of biology.

Vaccination requirements: The Guidebook provides that vaccination is still:

• strongly recommended and may still be performed on the employer's premises with the assistance of occupational health services
• required for employees in health care, medical and social facilities, which do not concern BlackRock.

The decree of 12 March 2022 suspended the vaccination pass since 14 March 2022 in all places and events where it was applied until now (restaurants, cinemas, etc.). This is only a suspension so that the legal framework can allow the government to reintroduce the vaccination pass until 31 July 2022.

Isolation: Companies must remind their employees of the rules applicable to isolation in case they have been in contact with someone who got the virus.

Employees who test positive for Covid-19 must self-isolate and get tested as follows:

• For those with a full vaccination status, isolation is for 7 days with the possibility of performing an antigenic test to lift isolation on day 5. If the test is positive or if no test is performed, isolation lasts until day 7.
• For unvaccinated or incompletely vaccinated persons, isolation is for 7 days. Isolation can be lifted with a negative antigenic or PCR test result. In case of a positive test or no test, isolation is extended to 10 days, ie three additional days.

Employees in contact with Covid-19 do not have to isolate anymore and there is no distinction being made anymore between vaccinated and unvaccinated employees. They should get tested and self-isolate while waiting for the results and continue isolating in case of a positive result only.

Partial activity: Since Monday 27 September 2021, employees and self-employed workers, who cannot work from home and who can justify a particular risk situation attested by a medical certificate, are able on a case-by-case basis to be placed on partial activity or to receive derogatory daily allowances, for instance if they are severely immunocompromised, or if they are in a situation where vaccination is contraindicated.

Update 2 February 2022

Following the Covid-19 Defence Council on 20 January, the French President and his ministers decided to end mandatory remote work as of 2 February 2022.

Remote work is no longer mandatory but is still recommended as a tool to prevent Covid-19-related risks.

The watchword is flexibility: it is up to the employer to set the terms and conditions for the use of remote work within the framework of local social dialogue, taking care to:

• Maintain links within the work group; and
• Prevent risks linked to the isolation of remote working employees.

Update 21 January 2022

From 3 January 2022, the National Health Protocol (see below) applied to companies based in France stating that employers should apply “a minimum number of three days of remote work per week, for those positions that allow it”. Although this was initially applicable for three weeks, mandatory remote working for at least 3 days per week has now been extended for two additional weeks, until 2 February 2022.

According to the Minister of Labour Elisabeth Borne, the Government is hoping that this will be the “final push” to fight the spread of Omicron and that the health indicators would then allow for ”a return to a recommendation only, with a target of two to three days of homeworking per week”. Therefore, from 2 February, and subject to any further change, remote work will no longer be compulsory but will remain recommended, leaving it up to companies to maintain the right balance between remote work and presence in the office, still within the framework of their internal social dialogue.

Update 4 January 2022

A new national protocol applicable to companies applies with effect from 3 January 2022.

The health rules applicable within companies have been considerably strengthened.

• The major change is compulsory homeworking for a minimum of three days per week, if the role of the employee allows his/her tasks to be performed remotely. In this context, homeworking can be imposed on employees. This number can be increased to four days a week if suitable. This measure is applicable for a period of at least three weeks. The Labour Inspector will be able to impose sanctions of up to €1,000 per employee concerned on companies who "does not comply" with the new homeworking rules and there should be some controls.
• Social gatherings that bring employees together in the workplace are suspended.
• Ventilation is recommended by opening doors and windows (if possible) permanently or at least ten minutes per hour, with CO2 sensor devices installed in some cases.

The health protocol remains very strict concerning the compliance with barrier gestures, in particular the wearing of a mask in all enclosed collective workspaces (except for employees sitting alone in an office) and the compliance with 1m of distance between individuals. Employees are also encouraged to be vaccinated as part of the vaccination strategy (but no obligation as yet though a current debate at the Parliament is likely to impose a Vaccination Pass for almost all social activities, albeit not in the workplace)

The rules about isolation for Covid positive vaccinated employees have also been shortened a bit from seven days from first symptoms or test to five days with a negative test.

Update 26 November 2021

Although it was already mandatory to wear masks inside buildings, (in practice there had been a tolerance where the health pass was mandatorily used (concerts, cinemas etc), it will now be more strictly enforced.

For employers the rules have not changed (ie masks at all time except when alone in an office). There is no mandatory working from home at the moment, but the ministry has suggested refraining from having drinks and parties etc.

A new protocol may be issued next week.

Update 3 September 2021

On 1 September 2021, a new protocol was published by the French Labour Ministry removing the obligation for employers to set a minimum number of days of homeworking in order to fight the Covid-19 pandemic. However, many French companies are planning to make homeworking permanent, at least for a few days a week, in order to meet demand from their employees. To do this, a collective company agreement must be signed, or a unilateral charter must be published, following consultation of the Social and Economic Committee (CSE) (there are various specific requirements for this document).

Update 15 July 2021

President Macron made new announcements regarding the lifting of Covid restrictions and the increase of the Delta Variant in France on the 12 July. The following measures were announced:

• Vaccination becomes mandatory for all care workers or home-help in contact with persons at risk in hospitals, clinics, care homes or in disability centres. From the 15 of September, controls in force and penalties imposed in case of failure to comply. Border controls strengthened: all travellers and nationals not vaccinated will have to self-isolate.
• From the 21 July, a health pass is required to access all cultural venues welcoming more than 50 people. It will be extended in August (subjected to approval in parliament) to all hospitality venues (restaurants, shopping centres, airports and train stations, hospitals and care homes…).
• PCR test no longer free from October onwards (except under medical prescription).
• No changes in relation to working from home or return to the office, the National Protocol of the 30 June (below) still applies. However, there may be some changes in the autumn on vaccination status, depending on the situation then.
• The aim of the Economic Recovery Plan is to get back to the employment rate pre-pandemic and full employment. In order to recover economic independency, investment to create new jobs, decreasing taxes on production and corporate taxes will continue. (An investment plan is to be confirmed later).
• A professional training and requalification plan for long-term unemployed is to be expected in early September. A reform on unemployment insurance is planned for October.
• The retirement reform will be undertaken once the pandemic is under control. Consultation with social partners will begin in September. At the moment it is planned to suppress all special schemes and to increase the departure date of retirement (taking into consideration life expectancy and arduousness of the work).

Update 1 July 2021

The National Protocol for the Health and Safety of Workers to face the Covid-19 epidemic has been updated.  The new version is applicable from 30 June 2021.

• The wearing of a mask remains mandatory: except for employees working alone in an office who are not required to wear a mask, each employee must have sufficient space to be able to respect the distance of at least 1 metre from another person, associated with the mandatory wearing of a mask. Where it is impossible to wear a mask, the distance is increased to at least 2 metres. This applies, for example, to employees working in workshops/factories.  Employees working in offices may not be considered as unable to wear a mask - the obligation to wear a mask therefore remains.

• Access to vaccination must be facilitated: employers are expected to allow their employees to be absent from work during working hours to facilitate access to vaccination. The employee should approach their employer to determine how best to arrange their absence.

• No number limit on social events: strict compliance with barrier procedures (including wearing a mask) must be maintained in social events but these are no longer limited to a limit of 25 people. However, it is still recommended to hold them in outdoor areas.  In addition, the Ministry of Labour's guidelines on company restaurants no longer stipulate a maximum capacity.

• Maintenance of a minimum number of days of work from home: the Protocol continues to provide that employers should set a minimum number of days of work from home per week in the context of the social dialogue, for those activities that allow it.

Update 4 June 2021

The national Protocol for the health and safety of workers in the wake of the Covid-19 pandemic has been updated. Please note that this new version will apply as of 9 June 2021. This means that the current version of the Protocol (dated 18 May) remains in force until then.

Below is a complete summary of the measures contained in the updated version of the National Protocol. Please note that these measures should be adopted within the framework of social dialogue:

Protective measures for employees

• Employers must take measures to ensure compliance with barrier gestures and hygiene practices.

• Home-office: From 9 June 2021, working from home five days a week will no longer be the rule. However, the Protocol reiterates that remote working is one of the best measures against the spread of the virus. That is the reason why employers will have to set a minimum number of days of home-office per week within the framework of social dialogue.

  Please note that a measure allowing employees to come back to the office every day will be considered a breach of the Protocol.

• Return to office: The Protocol confirms that returning to the office must be organised in compliance with barrier and social distancing measures (ie mask, social distancing of at least one metre between employees, ventilation of premises and offices, hand-sanitiser, etc.). From 9 June 2021, moments of conviviality will be authorised, as long as they are held in compliance with barrier gestures. The Protocol recommends to organise these events outside, with a maximum of 25 people.

  The Protocol also allows employers to limit the number of people in one room (an indication given is to allow 4 sqm per person).

Protection of employees

• Wearing a mask: All employees must wear a mask within the company. Wearing a mask forms part of the barrier gestures and cannot be used as a substitute for other rules, such as social distancing. Employees working alone in their office (or room) are however allowed to remove their mask when they are alone.

Screening tests

• The Protocol reiterates that companies have a role to play in the national screening strategy. Employers are therefore invited to take the following measures:

  • Inform employees of messages released by public health authorities;

  • Offer screening tests on a voluntary basis and in compliance with medical confidentiality;

  • Offer self-tests on a voluntary basis and in compliance with medical confidentiality.

Covid-19 vaccine

• Vaccination cannot be made mandatory.

• Employees who chose to can be vaccinated by the occupational health service. Employers are therefore invited to inform their employees of such possibility and conditions applicable.

• If an employee decides to get a Covid-19 vaccine by the occupational health service, they are authorised to leave work, without the need to take a sick leave.

• However, outside of vaccination by the occupational health service, employees have no right to leave work. Employers are nonetheless invited to facilitate employees' access to vaccination.

Symptomatic employees

• Taking care of symptomatic employees is based on the following measures:

  • Isolation;

  • Protection; and

  • Identification of severe Covid-19 symptoms.

• In case of severe symptoms, call an ambulance.

• After taking care of a symptomatic employee, employers should contact the occupational health service and follow their instructions, including for cleaning and disinfecting the workplace and the follow-up of employees who have been in contact with the symptomatic one.

Temperature check

• Companies are allowed to check the temperature of their employees before they enter the office. Please note that such control is in no way mandatory, nor recommended, and that employees are allowed to refuse it.

Return to office

• The return to office must be organised in compliance with preventive measures against Covid-19 and barrier gestures.

An information note about those measures must be communicated to the Works Council and to employees.

A particular focus should apply to temporary workers and seconded employees, to ensure they have access to this information.

Update 28 May 2021

As the French government sets out the next stage to ease restrictions from 9 June 2021, a new version of the protocol for the health and safety of workers has been communicated to social partners (employers' and employees' unions) for consultation.

This includes the possibility to allow staff to return to the office. Working from home five days a week will no longer be the rule. The employer will have to set a minimum number of days where employees will be required to work from home. This should be decided within the framework of a social dialogue. For example, the Ministry of Public Service has announced that their employees will be required to work from home three days a week (ie two days per week on-site).

The Ministry of Labour is in favour of a progressive return to the office and the protocol states that working from home remains one of the best measures against the spread of the virus.

The project also plans to ease social distancing measures between employees: they should be spaced at 1m from each other, instead of 2m.

The rules currently in force for restaurants will apply to the staff restaurants, ie. a 50% occupancy limit to be respected.

Finally, the project also authorises "moments of conviviality" within the company as long as barrier gestures are being respected.

Please note that this project is not in force yet and subject to discussion between social partners and the Ministry of Labour. Its publication is expected within a week.

Update 21 May 2021

The protocol on the health and safety of employees at work during Covid-19 was updated on 18 May 2021. Below is a brief summary of the most important points.  Please let us know if you would like specific advice on any of these changes:

• Remote working: The rules do not change. Working from home remains the rule, with the option to work on-site one day per week for employees who express the need to do so.

• Health & safety measures: The new measure is regarding controlling ventilation, essential for preventing the spread of Covid-19.  The protocol recommends ventilating the company's premises by natural or mechanical ventilation. For example, opening doors and windows as much as possible, at least five minutes every hour, or ensuring a supply of fresh air via a ventilation system in compliance with the regulations.

• Testing: The protocol states that companies can provide their employees with self-tests, on a voluntary basis and in compliance with medical confidentiality. The protocol states that in the event of a positive test, the employee must isolate themselves at home, perform a PCR test and follow the procedure for symptomatic employees set up by the employer. If the employee is unable to work from home, they must declare themselves on the website declare.ameli.fr in order to benefit from a daily allowance without a waiting period.

• Vaccination: The protocol notes that vaccination against COVID-19 is voluntary and protected by medical confidentiality. If the employee chooses to be vaccinated by their OHS, they are allowed to be absent from work during working hours. No leave is necessary and the employer cannot object to their absence. The employee must simply inform their employer of their absence for a medical examination, without having to specify the reason. In cases of vaccination outside the OHS, there is no automatic authorisation of absence. However, the protocol encourages employers to facilitate employee vaccination.

• Concerning the resumption of activity and the return to the company: The return to the company must be organised in compliance with the collective prevention measures within the company and barrier measures for protection against Covid-19.

Finally, the protocol encourages companies to support employees returning to work at the company under good conditions, particularly with regard to the reappropriation of professional gestures.

Update 4 May 2021

The government announced a four-stage process to end lockdown, from 3 May to 30 June 2021.

1. From 3 May 2021: End of "attestations" (outside of curfew hours) and end of travel restrictions in France, high schools resume in person.

2. From 19 May 2021: Curfew postponed to 9pm and reopening of shops, terraces (bars and restaurants), museums, cinemas and theatres, with limited capacity.

3. From 9 June 2021: Curfew postponed to 11pm and reopening of indoor cafés and restaurants and gyms. More flexible rules regarding teleworking will apply, in consultation with unions.

4. From 30 June 2021: End of curfew.

However, "emergency brakes" may slow down the process in territories where the virus is widely circulating, ie if there is:

• An incidence rate above 400 infections per 100,000 inhabitants;
• A sudden increase in the infection rate;
• A risk of saturation of ICU.

The government has announced that these measures will be specified with more detail in the framework of a "major consultation phase" (ie with MPs, social partners, professionals in various sectors concerned and elected officials in the territories) on the agenda and protocols for reopening.

The Prime Minister is expected to give a detailed presentation of this work during the week of 10 May 2021.

Update 1 April 2021

Additional restrictions effecting employers as France enters its third lockdown.

President Macron announced further lockdown measures with three weeks of closed schools and more focus on working from home wherever possible:

• WFH obligatory whenever possible (probably with more controls).
• All schools and children facilities to close for 3 or 4 weeks (including 2 weeks holidays).
• Non-essential shops to close.
• As from the end of Easter holidays (i.e Tuesday 6 April 2021) no inter-region travel (except in very restrictive circumstances).
• No movement of more than 10 kms around without good cause and self-certification.

Update 25 March 2021

The French Ministry of Labour updated the national protocol to ensure the health and safety of employees in the wake of the Covid-19 pandemic.

The protocol particularly reinforces employer's obligations in terms of home working throughout the French departments affected by the new sanitary measures announced last week (including the Paris region), as well as rules relating to catering for employees (applicable to the whole of France).

Concerning the health and safety protocol, the main points to keep in mind:

• For Companies located in the 16 departments subject to the new sanitary measures (including the Paris region): An action plan to reduce as much as possible the time employees spend on site to work from home should be drafted. The Ministry specified that this plan must be adapted to the size of the company concerned and will have to be elaborated in concert with unions/CSE where possible. In the event of a control, the actions implemented must be presented to the health and safety inspector.
• The Company must limit, as much as possible, the organisation of transport of employees in the same vehicle. If transportation is necessary, safety precautions apply.
• Companies have a role to play in the national screening strategy. They must remind their employees of the rules applicable to isolation in case they have been in contact with someone who has got the virus, and symptomatic employees, as well as the possibility of declaring themselves on "Declare.ameli.fr" as soon as symptoms appear, in order to benefit from a paid sick leave without a waiting period, provided that a test is performed within 48 hours.

The French Ministry of Labour has also published a fact sheet on catering in the workplace. The new applicable measures listed below are valid for France in general:

• Favour the implementation and use of packed lunch.
• If a packed lunch is not possible, the employee must eat alone, leaving an empty seat in front of them and strictly respecting the 2 meters distance rule between each person.
• Company restaurants must continue to set up time slots to limit the number of people present at the same time.

Update 19 March 2021

Faced with the acceleration of the coronavirus and increased pressure on hospital services, more demanding measures have to be taken throughout 16 departments, including the Paris area. Within those 16 departments, from midnight Friday 19 March for 4 weeks (including weekends):

• Schools remain open and sports classes during school time will be allowed as well as outdoor sports for minors outside school time.
• Shops: only essential shops can open (bookstores open).
• Travel outside the home: there are more flexible rules: it is possible to go out during the day without any time limit but with a certificate and within a 10km radius. However, inter-regional travel is forbidden.
• Curfew from 7pm.
• Workplace: the latest study shows that workplaces represent 29% of the cases identified. The Prime Minister has called for at least 4 days a week of working from home.

Update 15 January 2021

The French Prime Minister clarified some new measures but no major changes:

• A national curfew from 6pm to 6am from Saturday 16 January for at least 15 days (derogation certificate is required for employees after those hours).
• Non-EU nationals will be required to provide a negative PCR test in order to travel to France. These people will also have to make a sworn statement to isolate themselves for seven days once they have arrived in France and perform a second test.
• Additional restrictions in French Guiana, Mayotte and Reunion Island.
• No lockdown is planned yet, the situation being at a plateau (but is possible if the situation worsens due to the UK variant).
• For companies which are totally closed, such as sports halls or nightclubs, restaurants etc., or partially closed, State will continue to pay 100% of the employees' salaries, as long as the health restrictions apply.
• The occupational doctor can temporarily prescribe sickness leave or this may as well be obtained on the social security website - the idea being to have people stop working as soon as possible.
• After a slow start, vaccination campaign is underway.

Update 11 December

• Current lockdown to end 15 December.
• Contrary to expectations, theatres, cinemas and museums will not reopen yet.
• A curfew will be implemented over the holiday period from 8pm to 6am (excluding on 24 December but applicable on New Year’s eve).

Update 2 November 2020

Following announcements by the President below, the Prime Minister has outlined the process for how the lockdown will operate:

• Travel is not allowed except when an attestation is presented (available on the Government website).

• Economic activity will continue in certain sectors: the exhaustive list of authorised activities has been published in the 29 October decree (n°2020-1310).

• Public transportation will continue to operate.

• Homeworking will be mandatory when possible.

• Possibility to work onsite

  • A worker who is able to accomplish his/her tasks remotely must do so five days out of five.

  • Employees who are unable to carry out all of their tasks remotely, and that require specific materials, may work onsite on certain days.

New version of the Sanitary Protocol

• While certain activities cannot be carried out remotely, the employer must systematically organise staggered hours for arrivals and departures in order to limit congestion at rush hour.

• The employer must notify employees about the application "TousAntiCovid" and its activation during work hours.

• The employer may ask its employees to be tested on a voluntary basis in addition to those organised by the health authorities.

Working on site

• Meetings via video conferencing are the rule.

• No company social gatherings are allowed.

• Employers must encourage employees to download the application TousAntiCovid.

• The details regarding the implementation of measures will be done through the framework of social dialogue.

Partial activity

• Protected sectors will benefit from partial activity with zero contribution required by the employer.

• In other sectors, the current system in place will be extended until 31 December 2020.

Update 29 October 2020

After declaring another public health state of emergency and imposing a curfew on certain areas of the country, the French President announced a number of measures at national level. Further details are expected over the coming days.

• A new national and general lockdown is announced, from Friday 30 October (00 hours) and until 1 December at the earliest.

• Adaptations will be possible in the French Overseas Departments and Territories.

• This lockdown will be slightly more flexible than the one implemented in March 2020 with 3 adaptations, as follows:

  • Public services, all schools and essential shops will remain open (but non-essential shops and facilities open to the public will be closed).

  • "Almost mandatory" remote working will be the standard to be applied, ie it must be implemented when possible. In some sectors, employees will be able to work onsite (construction, public works and agriculture).

  • Elderly people in retirement homes will be able to receive visits.

• Prohibition of commuting and exceptions: individuals commuting to work will need a certificate from their employer justifying the reason for the travel.

• Travel between regions will be prohibited but internal borders within the European area remain open.

• Social measures for employees and companies:

  • Reinforced financial support measures for companies in difficulties (postponement of payment deadlines, loans guaranteed by the State, solidarity funds).

  • In protected sectors (tourism, hotels, cafés, restaurants, sport, culture, event management, air travel), increase of the grant paid to employers for employees under furlough or benefiting from long-term partial unemployment measures ("activité partielle de longue durée") will apply until the end of 2020.

  • A new measure called "collective transition" should enable professional retraining for employees whose jobs are at risk.

Update 16 October 2020

Following the announcement from President Macron and the French Government, the updated health protocol has just been issued.

In summary, the updates relate mainly to zones under curfew (Paris region and Aix-Marseille, Grenoble, Lille, Lyon, Montpellier, Rouen, Saint-Etienne, Toulouse areas).

• Remote work

  • In areas subject to curfew, employers must determine a minimum number of remote work days per week, within the framework of social negotiation in the company, for positions that allow it.
  • In other areas, employers are also encouraged to do so.

• Working hours

  • In areas subject to curfew, employers must adapt attendance schedules to accommodate rush hour crowds.
  • In other areas, employers are also encouraged to do.

• Curfew zones: face masks must be worn at all times in enclosed and collective areas.

• Social distancing measures must be observed, including for social events involving several employees.