Remote working and startups: drafting a compliant policy

Why have a remote working policy in a startup?

In France, remote working can be introduced through a collective agreement or a policy drawn up by the employer after obtaining the opinion of the social and economic committee (CSE), where one exists. Without an agreement or policy, remote working may also be agreed “by any means” with each employee. In practice, the policy is the most effective tool for harmonising rules, preventing risks and limiting litigation, particularly in a growing startup.

The reference legal framework is set out in Articles L.1222-9 to L.1222-11 of the Labour Code, supplemented by official Service public guidance and the Ministry of Labour guide.

The applicable legal framework at a glance

• Definition and implementation of remote working: collective agreement, unilateral policy following a CSE opinion, or individual agreement by any means (art. L.1222-9). An employee's refusal to accept remote working is not grounds for terminating the contract.
• Employer refusal: where a position is eligible under the agreement/policy criteria, an employer refusing a request must give reasons (art. L.1222-9).
• Exceptional circumstances/force majeure: the employer may temporarily impose remote working to ensure business continuity and employee protection (art. L.1222-11).
• Workplace accident: an accident occurring at the remote working location during professional activity is presumed to be a workplace accident (art. L.1222-9).

Regularly consult official resources for updates: Légifrance, Ministry of Labour and Service public. You can also consult example agreements published on Légifrance (e.g. a 2026 establishment agreement).

What your policy should include

Minimum content required by the Labour Code (art. L.1222-9)

• Conditions for moving to remote working and returning to non-remote work.
• Employee acceptance arrangements (expressed, traceable consent, even “by any means” under current law).
• Arrangements for monitoring working time or regulating/measuring workload.
• Time slots during which the employer may usually contact the employee (coordinated with the right to disconnect).

These sections form the statutory minimum baseline (L.1222-9). Adding operational clauses tailored to a startup is recommended to secure the organisation (see below). Ministry of Labour and Service public guidance explains these elements.

Recommended clauses (good startup practices)

• Eligibility criteria and objective grounds for refusal (e.g. reception needs, confidentiality, expected autonomy, client/SLA constraints, access security).
• Authorised remote working location(s): home in France, approved third-party spaces/coworking, restrictions abroad; authorisation procedure and address updates.
• Equipment supplied/essential, ownership, maintenance, renewal, IT support; information systems security (VPN, MFA, encryption, acceptable-use policies).
• Cost coverage (flat allowance or actual expenses, evidence arrangements), consistent with exemption tolerances published by URSSAF.
• Health and safety: workstation setup, breaks, ergonomics, isolation; reminders of prevention instructions and accident reporting (see Ministry of Labour).
• Right to disconnect and on-call rules where applicable.
• Data protection and confidentiality, GDPR compliance, and proportionate, transparent monitoring arrangements (CNIL guides).
• Procedures: remote working request, approval, adjustment period/return arrangements, annual policy review.

Implementation procedure (with or without a CSE)

1. Map the existing situation: applicable collective agreements (e.g. Syntec), agreements in force, eligible positions, business needs. To frame your HR policy, revisit our guide to choosing between fixed-term and permanent contracts in startups.
2. Draft the policy incorporating the content required by art. L.1222-9 and the operational clauses above.
3. Consult the CSE (where one exists): prior opinion mandatory for a unilateral policy; the opinion is not binding but must be obtained and retained (art. L.1222-9; see Service public).
4. Adopt and publish: distribute the policy, update onboarding. Without an agreement/policy, formalise at least an individual written agreement through a signed electronic exchange.
5. Train managers and teams: objectives, workload, feedback, IT security. To save time, you can automate HR document distribution and acknowledgements.

Health, safety and risk prevention

The employer remains responsible for health and safety, including during remote working. Update the single occupational risk assessment document (DUERP), assess risks (ergonomics, isolation, cybersecurity), formalise instructions and offer preventive resources (chair/screen, setup guide, regular meetings). The Ministry provides practical guidance: Remote working: how it works.

Remind staff of the presumption of a workplace accident at home during working periods (art. L.1222-9) and the internal reporting procedure. During hypergrowth, structure your HR/legal function: our article A startup's first employee: obligations and formalities details the foundations to establish.

Data security, GDPR and activity monitoring

• Confidentiality and GDPR: document processing related to remote working (remote access, logs), implement proportionate measures and clearly inform employees (see CNIL recommendations).
• Tools and surveillance: prohibit intrusive systems (keyloggers, continuous screen capture), favour objective indicators (results, milestones), inform and consult the CSE where necessary. Every measure must be necessary, proportionate and transparent.
• Right to disconnect: set contact windows (L.1222-9) and reiterate statutory rest periods. To frame your data commitments, see our GDPR privacy policy guide.

Reimbursement, expenses and equipment

Specify in the policy what the employer supplies (PC, screen, headset, software), and rules for use, maintenance and return. Define cost coverage (flat allowance or actual expenses) consistently with current exemption tolerances published by URSSAF and official guidance. Retain necessary supporting documents and ensure equal treatment.

Remote working in coworking spaces, abroad and on the move

Explicitly authorise, or disallow, third-party locations (coworking) and establish an approval process. For remote working abroad, address implications for applicable employment law, social security, tax and data protection; in principle, limit it or make it subject to written authorisation. For agreements applicable to tech occupations (e.g. Syntec), see our guide to the collective agreement for tech startups.

Common pitfalls to avoid

• Imposing a “regular” remote working frequency without employee agreement or traceability (agreement by any means required in practice; source: Service public).
• Forgetting contact windows and arrangements for monitoring/measuring workload (L.1222-9).
• Neglecting information systems security and CNIL compliance when introducing tracking tools.
• Reimbursing without a framework OR, conversely, refusing all coverage in disregard of established practices/agreements and URSSAF guidance.
• Ignoring contractual status: appropriate rules avoid the temptation of structurally relying on freelancers for permanent needs (reclassification risk: freelancer or employee).

Ready-to-use policy outline (standard structure)

1. Purpose, definitions and scope.
2. Position eligibility and objective criteria; request/reasoned-refusal procedure.
3. Organisation: authorised locations, number of days, contact windows, right to disconnect.
4. Equipment, IT security, confidentiality and GDPR.
5. Working time, workload, reporting, proportionate monitoring arrangements.
6. Health and safety: prevention, ergonomics, isolation, accidents.
7. Expenses and reimbursement; equipment ownership and return.
8. Return arrangements, adjustment period, suspension in exceptional circumstances/force majeure (L.1222-11).
9. CSE role and review/effective-date arrangements.

Quick FAQ

Is a policy mandatory?
No. Remote working may also result from a collective agreement or individual agreement “by any means”. A policy remains the safest and clearest tool (art. L.1222-9; Service public).

Is a CSE opinion required?
Yes, if you adopt a unilateral policy: a CSE opinion is required before implementation (L.1222-9).

Can activity be monitored remotely?
Yes, if necessary, proportionate and transparent, after informing employees (and the CSE where applicable), in accordance with CNIL recommendations.

Who pays expenses?
Provide for this in the policy (flat allowance/actual expenses). Respect URSSAF exemption tolerances and retain supporting documents.

Can an employee refuse?
Yes. Refusal to accept remote working cannot justify terminating the contract (L.1222-9). Conversely, if the position is eligible under the policy, an employer refusing the request must explain the decision.

To structure your legal and HR organisation for the long term, see also our Legal Ops guidance on automating document management.