Are the 40% and 49.9% thresholds counted the same way?
No. They come from two different legal instruments with different reference bases and different consequences. The 40% tax ceiling from the Franco-Swiss avenant is a share of your annual working time and decides which country taxes your salary; the 49.9% social-security ceiling from the EU/EFTA framework agreement is a share of your total working time and decides which country's system you contribute to. One day log can feed both counts, but read it against each line separately — and plan your year around 40%, the lower of the two.
Do business trips and missions count as telework days?
In the tax count, yes, within a limit: décret n° 2025-838 treats temporary missions carried out in France or a third country as telework for as long as their cumulative duration does not exceed 10 days per year, and those days sit inside the 40% envelope. Log them in a separate column so you can see both the 10-day sub-limit and the overall ceiling. Beyond 10 cumulative days, the ordinary rules of the tax convention apply to the excess days.
Who applies for the A1 certificate — me or my employer?
Your employer. Under the EU/EFTA framework agreement, the A1 is requested by the employer as a derogation based on Article 16 of Regulation (EC) 883/2004, attesting that Swiss legislation continues to apply while you telework from France below the 50% line. The standard route covers salaried workers with a single Swiss employer whose only activity in France is telework; if your situation is more complex, check it with the CLEISS before assuming the agreement covers you.
Should I count calendar days or worked days?
Worked days. Both ceilings are expressed as shares of working time, so leave, public holidays and sick days belong in neither the numerator nor the denominator, and a half-day at home counts as 0.5. The official denominator is your own annual working time as defined by your contract, so confirm that figure with your employer once and keep your log consistent with it. That is a counting method, not a legal prescription — the texts set the ceilings, not the bookkeeping.
What should I do if I am about to cross one of the thresholds?
Treat it as a routing question, not a guessing question. If the 40% tax ceiling is at risk, talk to your employer and check your position with your cantonal tax administration and your French tax office. If your telework share is heading towards 50%, raise it with your employer immediately, since the A1 arrangement they requested assumes you stay below that line, and direct questions to the CLEISS on the French side. The consequences of the two lines are different in kind, so do not extrapolate from one to the other.
Since when do these rules apply?
The social-security framework agreement has applied since 1 July 2023. The tax avenant was signed on 27 June 2023, entered into force on 24 July 2025, and its 40% telework rule applies to income years from 1 January 2026 — with France publishing the text by décret n° 2025-838. If you are reconstructing past years, be careful: transitional arrangements bridged 2023–2025 on the tax side, and those years should be checked against official guidance rather than today's rule.