The modalities of teleworking differ according to the companies. The collective agreement on which the company depends or an internal charter may specify the possibility for an employee to telework at his vacation location.

What are the modalities of teleworking at a holiday location?

If an employer does not lay down specific rules on this issue, then, in principle, teleworking at a holiday location is possible under certain conditions. However, the employer may object if it so wishes.

First of all, the employer must be informed by the employee that he or she will telework from his or her vacation location. This information is critical because of accident at work, insurance and cybersecurity issues, particularly when the employee is dealing with sensitive data.

The employee must therefore have a stable and secure internet connection, suitable hardware and be able to guarantee the confidentiality of exchanges.

What are the risks of teleworking abroad?

Other factors must be taken into account when the employee uses teleworking at his vacation location. This situation can have several consequences to which the employer must be attentive, especially when the employee has been working since the foreigner.

If the telework carried out by an employee abroad is permanent or regular, the local law of the country in which it is located may apply. This may have implications for legal working hours or rules on health or safety at work, for example.

If teleworking is poorly supervised, there may be problems related to social security such as errors in contributions, insufficient or no social security coverage.

The company may also encounter tax risks. If the employee remains permanently abroad, certain practices such as negotiating or concluding a contract may be subject to the local law of the country. Thus, the company could be exposed to local taxation.