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[HR column] The legal vagueness of telework, a headache for lawyers

[HR column] The legal vagueness of telework, a headache for lawyers

Labor law did not provide for teleworking. More alive than ever, it is being built before our eyes, with case law calling on its main principles to settle questions that have never arisen before.

Cut your hand doing the dishes after your lunch break? Accident at work, because the kitchen is assimilated to the canteen. Fall down the stairs at home? Accident at work, because it occurred during a break, assimilated to time worked. In France, we do not yet recognize, as in Germany, that injuring yourself between your bed and your office is a home-work accident… But the question could arise. “The Health Insurance Fund has an extensive appreciation of the presumption of industrial accident”, analyzes Emilie Meridjen, associate lawyer in labor law at the firm Sekri Valentin Zerrouk.

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