According to the 2023 Actineo Barometer, 42% of employees surveyed use remote work . The advent of remote work is prompting many companies to consider the flex office. Deskare deciphers the legal framework for flex office in France to help you ensure a legally compliant transition.
The disappearance of dedicated offices as a result of the flex office requires a reorganization of the premises (e.g. providing suitable meeting rooms ).
This also means taking into account :
More generally, the employer must take the necessary measures to ensure the safety and physical health of workers (e.g. offices equipped to prevent the risk of musculoskeletal disorders), in accordance with article L. 4121-1 of the French Labor Code.
The flex office raises major challenges in terms of employee well-being and mental health. Mathilde Silvan, in L'INRS (Institut National de Recherche et de Sécurité) magazine Travail et Sécurité No. 825, April 2021, notes that "flex office can, for example, be the source of a dispossession of one's workspace" for employees, which can contribute to an increase in psychosocial risks. This system particularly affects the social life of new employees, for whom flex office can make integration more difficult.
To prevent these risks, the employer must update the Single Risk Assessment Document (DUER), to include preventive measures against these risks (e.g. regular employee well-being surveys, measures to strengthen social ties, etc.), in accordance with Articles R. 4121-1 and R. 4121-2, 2° of the French Labor Code.
The Social and Economic Committee (CSE) must be consulted when this document is updated (article L. 4121-3 of the French Labor Code).
Flex office and remote work flexible often go hand in hand. In such cases, the rules applicable to remote work apply to the company (articles L1222-9 to L1222-11 of the French Labor Code).
When setting up a flex office, the flex office rate must be calculated toavoid imposing remote work for lack of available office space (Cass. Soc., Oct. 2, 2001, no. 99-42.727 and article L. 1222-9 of the French Labor Code). Indeed, the remote work is conditional on the employee's consent, and the employer is obliged to provide its employees with a place to work (CA Lyon, Feb. 7, 2019, no. 16/07869). In the event of an erroneous calculation of the flex office rate, resulting in a lack of positions per employee, the company is exposed to claims for compensation for use of the home for professional purposes (Cass. Soc., Dec. 12, 2012, n°11-20.502).
Tools provide live monitoring of space occupancy and meeting room reservations. They solve this problem and enable you to benefit fully from the advantages of the flex office.
In companies with 50 or more employees, the switch to flex office requires consultation of the CSE (article L. 2312-8 of the French Labor Code), as it constitutes a change in work organization and employee health and safety conditions . Various subjects must be submitted to the CSE , such as :
What's more, the 2021 Climate and Resilience Act requires the CSE to be consulted on the environmental impacts of this way of working.
The CSE can call on an expert to give an informed opinion on this project (article L. 2315-94, 2° of the Labor Code).
If the CSE has a Health, Safety and Working Conditions Committee, its participation is recommended to define preventive measures.
Good to know: The CSE can only advise and give its opinion on the introduction of flex office in a company. A refusal on its part would not be binding on the employer. The employer must, however, take account of the CSE's concerns and comply with the laws and regulations in force.
The absence of dedicated desks increases the risk of unauthorized access to confidential documents and data leaks, in violation of the General Data Protection Regulation (GDPR). To remedy this, it is recommended to adopt the "clean desk" policy and provide individual lockers for personal belongings (Article R. 4228-2 of the French Labor Code).
Fixed offices may be provided for in a company agreement, for certain departments handling sensitive data, subject to justification to avoid any discrimination.
The use of presence sensors ordeclarative job reservation tools to manage the flex office does not require prior declaration to the CNIL. However, any physical geolocation system enabling an employee to be identified by name is prohibited, unless authorized by the CNIL.
When implementing the flex office, the employer can reorganize workstations without the individual agreement of employees, except for protected employees if their working conditions change.
However, obtaining the prior agreement of employees is mandatory if :
Still thinking about switching to a flex office? Find out in our guide "Moving to flex office: a new direction for the employee experience"how flex office can meet your employees' new expectations.
Considering downsizing your office space? Book a free demo of Deskare, the solution that simplifies flex office management!
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