French Employment law – Teleworking (Télétravail): Employee's Right to Hardship Compensation + 2-Year Statute of Limitations for This Compensation (Cass. Soc., March 19th, 2025, 22-17.315) Employees, Managers, and Executives

Teleworking refers to any form of work organization in which work that could have been performed at the employer's premises is voluntarily performed outside the employer's premises using information technology.

In a ruling dated March 19th, 2025 (22-17.315), published in the Bulletin, the Court of Cassation affirmed that the occupation of an employee's home for professional purposes constitutes an interference with their private life, and that employees are entitled to compensation in this regard when professional premises are not actually made available to them or when it has been agreed that the work will be performed by teleworking.

The action for payment of this compensation, which compensates for the hardship resulting from this method of performance of the employment contract, is subject to the two-year time limit set out in Article L. 1471-1, paragraph 1, of the French Labor Code.

1) Solution

1.1) On the employee's right to hardship compensation related to teleworking

The Court of Cassation, in a principled ruling, affirmed that the occupation of an employee's home for professional purposes constitutes an interference with their private life, and that they are therefore entitled to compensation in this regard when professional premises are not actually made available to them or when it has been agreed that the work will be carried out by teleworking.

The Court of Cassation confirmed that teleworking constitutes an interference with the employee's private life.

Much more revolutionary, it held that the employee is entitled to hardship compensation when professional premises are not actually made available to them or when it has been agreed that the work will be carried out by teleworking. It is the second part of the sentence that is innovative, as the Court of Cassation affirms that a hardship allowance related to teleworking is necessarily due when it has been agreed that the work will be performed in the form of teleworking.

It clearly reverses its case law, in which it affirmed that an employee may claim compensation for the occupation of their home for professional purposes if professional premises were not actually made available to them (Cass. Soc., 8 Nov. 2017, No. 16-18.499 https://www.legifrance.gouv.fr/juri/id/JURITEXT000036003512/).

1.2) Regarding the 2-year limitation period

The Riom Court of Appeal held that the action for payment of the hardship compensation related to teleworking is subject to a 5-year limitation period provided for in Article 2224 of the Civil Code.

The Court of Appeal was overruled by the Court of Cassation, which noted that the action for payment of this compensation, which compensates for the hardship resulting from this method of performing the employment contract, is subject to the two-year limitation period set out in Article L. 1471-1, paragraph 1, of the Labor Code.

This solution is standard.

This two-year limitation period is short.

The two-year limitation period also applies to a claim for compensation for undeclared work (Cass. Soc., 4 Sept. 2024, No. 22-22.860).

To read the full brief, click on the link below.

https://www.legavox.fr/blog/frederic-chhum-avocats/teletravail-droit-salarie-indemnite-sujetion-37393.htm

Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)

CHHUM AVOCATS (Paris, Nantes, Lille)

e-mail: chhum@chhum-avocats.com

www.chhum-avocats.fr

https://www.instagram.com/fredericchhum/?hl=fr

.Paris: 34 rue Petrelle 75009 Paris tel: 0142560300

.Nantes: 41, Quai de la Fosse 44000 Nantes tel: 0228442644

.Lille: : 45, Rue Saint Etienne 59000 Lille – Ligne directe +(33) 03.20.57.53.24