Of the measures contained in the reform to France’s labour law, which were adopted in July last year (see article n°9784) and came into force at the very start of 2017, that regarding the right to ‘disconnect’ has been the most highlighted by both the French and European press. The reform also signals the potential use of referenda within companies to validate agreements, and the possible use of so-called ‘accords offensifs’ – which can allow firms to alter employees’ working hours. The latter two measures were enforced through a decree in December. The reform will also see the creation of an ‘occupational’ account for employees.
The right to disconnect. In the absence of an explicit definition, the right for employees to ‘disconnect’ – from their work smartphones, internet, emails, etc. – while they are on leave or rest periods, is granted. If the right is specifically articulated, it will up to parties within the company to negotiate and decide how it is to apply. In companies with more than 50 workers, the implementation of regulation governing the use of digital tools, so as to make sure that rest and leave time, as well as personal and family life, is “respected”, should be dealt with as part of firms’ annual negotiations on equality and quality of life in the workplace.
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