LABOUR LAW | SPECIAL REPORT | Reinforcement of the employer’s obligation to provide information on the employment relationship
France has finally finalized the transposition of Directive (EU) 2019/1152 on information that employers must provide to their employees. Decree 2023-1004 of 30 October 2023 lists the information that employers must provide to their employees, as well as the time limits and procedures for its transmission. The provisions of this decree have been applicable since 1 November 2023.
The Law of 9 March 2023, containing various provisions for adapting to European Union law, transposed this directive into French law. Article L.1221-5-1 of the French Labour Code requires the employer to provide the employee with one or more written documents specifying the main information relating to the employment relationship.
The Decree of 30 October 2023 inserts in Article R.1221-34 of the French Labour Code a list of the minimum information relating to the employment relationship that must be included in these written documents. It specifies in the following provisions the time limits and procedures for the transmission of such information.
For example, employers must now provide their employees with information not only on the duration of their working time and the components of their remuneration, but also on the right to training, the duration of paid leave and how it is calculated, the procedure applicable in the event of termination of the employment contract, the applicable collective bargaining and company-level agreements, or the compulsory social protection schemes to which they are affiliated.
The Decree also intensifies the employer’s obligation to provide information when an employee is required to work abroad for more than four consecutive weeks.
Finally, it provides that an employee who has not received such information may request his employer to provide it. If the notice is not acted upon, the employee may bring the matter before the Labour court in order to compel him to comply with the legal provisions.
The Decree also specifies in which manner employees with fixed-term or temporary contracts are to be informed of permanent positions available within the company.
Since these new provisions have been in force since 1 November 2023, a written document containing the minimum information required by the Law of 9 March 2023 and the Decree of 30 October 2023 should be provided to employees without delay.
GGV’s Labour Law team assists its clients in this process.
As the French Labour Code provides for many other information requirements to be provided to employees, it is also recommended that the employment contract templates be reviewed and updated.