The teleworking in labor law and civil service law

The use of teleworking has increased recently, especially after the spread of the Covid-19 epidemic at the end of 2019, and before that date, it obtained basic regulations that apply even under normal circumstances, whether under labor law or civil service law.

It seems important to study teleworking; Since it is not subject to any regulation in Egyptian law, despite the increasing expansion of its application in practice. Hence the importance of knowing the experiences of other countries that have established a legal framework for this new form of work implementation.

We will present a particular study of French law, which has undergone successive legislative developments, numerous agreements between social partners, and rich jurisprudential contributions even before the end of the last century and until today concerning the teleworking.

In order to establish a legal regulation for telework, it is necessary to define the content of a significant number of legal ideas, the main one of which is to define the idea of telework and state its basic characteristics that characterize it. Because although it is a form of work organization, it is characterized by the fact that it is based on the voluntary will of the worker. In addition, the obligations of the worker and the employer should be defined in the context of teleworking, and the controls to be respected in order to reconcile the worker's right to respect for his private life and the employer's right to control it, in application of the principle of subordination which is a distinctive criterion of the individual employment contract.

This study, which we present, is not limited to examining the issue of teleworking in labor law, but it also deals with it in the law on the public service.