But in the year 2000 it fell to Frank 2

All indicators show, and recently a "Eurobarometer" commissioned by the Union European and released in November 2005, working from home has beautiful days before him, not only in the telework but also in any other form, simply because modern society abolished distances.

If the France is still a reluctance for this way of working (we have 5.6 of teleworkers, is exactly the figure of the average European, far behind the Scandinavian countries and the United Kingdom), perhaps in part because companies do not know exactly to what they are committed by selecting it.

Telework framework begins to emerge through an interprofessional agreement signed by the social partners on July 19, but this agreement solves everything, so it makes it clear that telework is not necessarily synonymous with working from home: its definition covers a wide range of situations including the "nomade" work or work of proximity, premises other than those where the company is installed.

Work at home, meanwhile, continues to be governed by an another century texts, is articles l. 721 - 1 to l. 721 - 23 of the Labour Code, pursuant to which the relationship between the "transferor" and the worker through a book on numbered sheets, in duplicate, that is filled when the supply of labour, and is complete at the time of his release. So that at the time of "any computer", this small book is passed to the dustbin.

If the Labour Code focuses on the payment of the benefit in providing for the possibility of a tariff to the exhibit and the establishment of fixed hours for each task, it remains silent on the crucial issue: the employer must ensure a constant volume of work to the employee or can it be a job to the application It is this question that answers judgment Heurtebise on April 5, 2006.

A temporary teacher is hired by the APMA (National Association for vocational training of adults) to correct copies at home. Letter of commitment establishes a tariff to the corrected copy. It also includes a clause that, having regard to the hazard of the activity, the employer cannot commit to provide a minimum of work. In October 1996, his monthly pay amounts to 6.282 francs. But, in the year 2000, it fell to Frank 2.570, with some months, low payments to 215 francs or even 27 francs. The Contracting Party captures the Conseil de prud'hommes to obtain damages for non-compliance by the employer of its contractual obligations.

Unilateral change step

The Court of appeal of Agen condemns the employer to pay 25,000 euros, believing that the clause whereby it reserved the right to vary the amount of work provided at its own discretion is null and void. The Court of cassation will, also give harm to the employer but not at all for the same reasons: "if it is true, she said, that an employer has no obligation, except conventional provision or otherwise contract, to provide a volume of work constant worker at home, it cannot modify unilaterally and without justification provided work and remuneration.

It is almost word for Word words in a judgment of 10 October 2001, this close has been skipping the expression "in a sustainable manner": five years ago, the Court considered that the salary could not down permanently because of the decrease in claimed benefits, today, it removes even this condition there.

Then, it drives the nail to illustrate where the shoe pinches: "the considerable decrease in average monthly remuneration... was justified by any objective, but was the result of an arbitrary will of the employer."

Companies have their answer: cannot be required of them that they give work if they are not, but if they have, they must provide the people with whom they spent contract or, if they do not like their work, dismissal.

Let rot the situation has never been a solution approved by the High Court.