What insurance for employees working from home?


Anticipating a possible accident during a day of telework photo credit: GettyImages

Since the health crisis, remote work has developed a lot and more and more companies are allowing their employees to telework. When you work from home, you wonder about the need to take out specific insurance. Who of you or your employer is responsible if you get injured? If your work computer is stolen or you are the victim of a hack? What does your home insurance cover? It has become essential to know your rights and duties well.

Summary:

  • What is the true definition of telecommuting?

  • What does the employer’s insurance cover for employees working from home?

  • Are you covered by your home comprehensive insurance for your personal equipment?

  • Specific formalities to complete if you are a tenant

  • What is the telework insurance certificate?

What is the true definition of telecommuting?

According to the Labor Code, the

telework is a form of work organization. It is a question, as an employee, of remotely carrying out a mission usually carried out on the premises of the employer. Telework is carried out, outside the premises, on a voluntary basis using information and communication technologies.

Teleworking therefore includes employees working from home, but also in collective or coworking spaces outside the company. From a legal point of view, telework must be included in the employment contract, or be the subject of an addendum. At company level, it is framed by a collective agreement, or a charter drawn up by the employer. It may, failing that, be set up by mutual agreement between the employer and the employee.

Unless otherwise specified in the charter or collective agreement, you may work outside your home. It can be at a relative’s, in a coworking space or at your vacation spot… On the other hand, you are required to notify your employer, because he is supposed to know your movements and authorize them to allow you to be covered in the event of an emergency. ‘accident.

Focus on the rise of telework

With the health crisis and successive confinements, telework reached an unprecedented peak in 2020, with 41% of employees working from home. According to Dares, remote work concerned 26% of employees in June 2021. 57% of them worked from home between 2 and 4 days a week. A new study published in January 2022 confirms this trend: in December 2021, 23% of employees were teleworking for at least 1 day. 67% of them teleworked 2 to 4 days a week, i.e. 16% of all French employees.

What does the employer’s insurance cover for employees working from home?

Even in teleworking, employees remain under the responsibility of their company. The terms of coverage for remote employees differ little from those of employees working face-to-face or traveling. It is therefore up to the employer to cover the risks associated with teleworking and to make a declaration to his insurance company to negotiate possible extensions of guarantee.

According to the Labor Code and the Social Security Code, an accident occurring at the place where telework is carried out, during the exercise of the professional activity of the teleworker, is presumed to be an accident at work. Therefore, your rights are identical to those of employees present on the company’s premises and the accident occurring while teleworking must be paid for by your employer under the same conditions.

If you cause an accident to a third party during working hours, the situation is similar to that of employees on the move. Barring exceptions, the employer’s professional liability insurance compensates damage caused by employees during their teleworking hours.

It is your employer’s responsibility to take out professional multi-risk insurance for any damage to the equipment provided in the context of teleworking. It covers you if your computer or work phone is stolen during a

burglary at your home. It also covers you if a USB key or external hard drive containing important data is damaged after a fire or water damage, for example. This also applies if you are a victim of hacking, even if you made a mistake. In this case, your employer’s insurance must intervene.

Are you covered by your home comprehensive insurance for your personal equipment?

The employer does not cover personal equipment used in the professional context, unless it is an express request on his part. In this case, this must be formalized in writing. Remember to check the extent of the guarantees of your

multi-risk home contract to ensure that your coverage is adapted to teleworking. In general, your personal property is already insured in the event of damage and no specific insurance is required. Any additional cost may be borne by the company.

The company’s insurance also does not cover any damage caused to your personal property by professional equipment, even if it occurred during work time. If your professional computer falls on your kitchen worktop and damages the coating, or if a defective power cable used to charge your professional telephone causes malfunctions in your electrical installation, your home insurance is to be called upon.

Should you notify your insurer in the event of teleworking?

The process is not mandatory and some contracts already provide for this practice in their guarantees. However, it is sometimes necessary to declare telework to your insurer, or even to consider an extension of warranty in the event of very expensive or specific equipment. This is the case, for example, in the event of “breakage and breakage”, which is often excluded from home insurance cover. If in doubt, it is recommended to notify your insurance company to check your level of cover.

Specific formalities to complete if you are a tenant

If you are the tenant of your home, you must inform your landlord/landlord of your work from home. In certain specific situations, it may be necessary to transform your conventional residential lease into a mixed residential/professional lease. Similarly, if your accommodation is located in a condominium, you may have to inform your property manager and he may ask you to take out specific home insurance.

What is the telework insurance certificate?

Some employers ask their teleworking employee to provide a certificate of insurance. This allows them to be sure of the information given to your insurance company and of your coverage via your home insurance. This document can also be presented to your landlord or trustee to certify your insurance against any risks related to the practice of teleworking. It specifies the terms of your home insurance and the property protected under your coverage.

The flex office, the future of work?

According to a study conducted by Deskeo with 4,000 professionals in February 2021, 55% of French companies would consider setting up flex office or “flexible offices”. This organization of work signals the end of the assigned workstation for each employee. Only 16% of companies had passed the milestone before the health crisis. For 34% of them, the results are positive. However, 39% draw up a mixed assessment and 27% consider this assessment to be negative.

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